Queens Divorce Lawyers
Best Queens Divorce Lawyers and Divorce Attorneys
The day you exchanged vows, you never thought you’d no longer want to be married to him, or her. You made the decision to get married because you were in love – you envisioned a future, and wanted to spend the rest of your life with that person. Unfortunately, not all marriages in Queens last forever. There are times where people in Queens County decide the marriage isn’t working for them. They make the decision to end their marriage. Divorce isn’t ideal, but it’s commonly done. It’s the act of ending the marriage because you no longer want to be involved in a relationship. It’s common for divorces to occur under a no-fault divorce, due to a number of reasons, such as:
– Financial stress
– Parental stress
– Work stress
– Abuse
– Addiction
– Adultery
In addition to reasons above, New York also allows you to get divorced for things such as imprisonment. The most common reason for divorce papers to be filed is irreconcilable differences. If you plan on filing a divorce with this reason in mind, you have to be able to prove you spent at least 6 months trying to fix the marriage and working through your differences. If you find yourself at this junction, the best thing you can do is speak to a qualified and competent Queens divorce attorney. If you, or your spouse, decide to contest the terms of the divorce, it can cause the process to go on much longer than it needs to. When you hire a Queens divorce lawyer, it can make the process go faster by streamlining the legal process. In some cases, spouses are acting unfairly. If that happens, hiring a divorce attorney critical.
What if I can’t afford to pay Queens divorce lawyer upfront?
It depends on your situation. Many queens divorce lawyers will ask for upfront payment because they want to protect themselves. They’ll discuss all the expected costs, and make sure you understand everything. Many Queens divorce attorneys take a retainer upfront, especially if they don’t know you. If you can’t pay the funds upfront, you’ll need to speak to your divorce attorney in Queens. If you seem trustworthy, your divorce lawyer may agree to take on your case with less money upfront. Many lawyers will ask for collateral, in lieu of payment, if you don’t have the funds. Many lawyers take payment on a credit card; and will work out a reasonable payment plan in order to get you the legal assistance you need. In the event you have no cash because your spouse controls the finances – you should explain this to your Queens divorce lawyer. It’s possible for your attorney to petition the court to have the other spouse pay for the attorney fees.
Could he get the child if we get divorced?
Child custody disputes are difficult. Not only do you have to consider your own wants and needs, you have to keep in mind the child’s safety and happiness. If you’re in the middle of a divorce, you might be thinking about who will get custody of the child. While this is stressful, it can be even more stressful when you’re dealing with an infant. Despite your attachment to the child, you may worry about whether your husband will be given custody.
There are a number of factors that go into determining who gets custody of the children after a divorce. The primary factor, deals with the well being of the child. Courts across the USA are very concerned about the child’s physical, mental, and emotional, health. The courts no longer automatically presume that the mother is best caretaker. In the past, the courts operated under the assumption only the mother could care for the children. The courts now take an objective view of who is best suited to take care of the child. It’s rare for one party to get full custody. There are some states that require joint custody to be given in most situations. Unless your spouse is able to prove that you are an actual danger to the child, it’s unlikely you’ll be able to get sole custody. Instead, you are more likely to get a situation where the two of you share custody of the child.
Generally speaking, most parents are concerned which parent gets physical custody of the child. The primary custodial parent is the one with whom the child lives. It’s possible in some cases that the child will split time. It’s common for mothers to have at least joint physical custody for a baby, especially if they’re still nursing the child.
Hire a Queens Divorce Attorney – don’t do it alone
At the Spodek Law Group, we’ve got over 50 years of combined experience in divorce and family law matters. Our superior experience allows us to provide exceptional service in all Queens divorce family law matters. We have experience with all courts in the area, and judges that make critical decisions related to your family law issues. Close to 40-50% of divorces are rejected by the court because an attorney fails to properly file paperwork. This can result in immense delays to your divorce.
We treat you like family, and behave like professionals. This means every detail of your case, including filings, are correctly done and submitted.
Queens Grounds For Divorce
Before 2010, New York only offered fault based grounds for divorce. In 2010, they joined other states and offered no-fault divorces. New York’s no-fault divorce option lets you get a divorce if there’s a breakdown in the marriage for a period of 6 or more months. There are other fault-based grounds still available in New York, such as:
- Desertion
- Imprisonment
- Adultery
- Separation agreement/separate living for one year
- Judgment of Separation
No fault divorces are the most commonly used because they are simpler and faster.
We can handle it all
Regardless of your legal situation, we can help. Our Queens divorce attorneys have experience handling tough situations such as:
- Child Custody
- Child Support
- Spousal Support
- Property
- Alimony
When a trial can be avoided, we actively work to find amicable agreements with your spouse. Our focus isn’t on increasing billable hours. Our focus is on getting you correct resolutions. When the other party refuses to compromise, our Queens divorce lawyers work to make reasonable demands that show good faith. But in cases where the other spouse, and his/her attorney is being unreasonable, we work hard and aggressively.
There is nothing easy about divorce
Divorce is never easy, but the process can be less painful and difficult. The more you know about the divorce process, the more you can understand answers to your initial questions, and prepare yourself and your life. Another way, is to hire a dedicated divorce lawyer to help you. Divorce in Queens is full of legal issues.
Can I represent myself if I don’t like my lawyer?
Legally, yes, you can represent yourself. There is no law that prohibits self-representation in a divorce case. But perhaps this shouldn’t be a question of “can I?”, but instead “should I?”
Should you represent yourself in a divorce case because you don’t like your lawyer? The answer to that is more complicated, but it really boils down to this: it’s not the best idea.
There are numerous reasons why a person should not represent themselves when going through a divorce.
You don’t know all the laws
No matter how thoroughly you research, no matter how much you read, or how many questions you ask, you still won’t know all the laws about divorce. On top of that, you always won’t know all the nuances that the laws have which allows the law to be applied one way in one divorce case and a different way in a second divorce case. A divorce lawyer specializes in divorce, is familiar with and keeps abreast of all the divorce laws, and can manages the nuances that can make huge differences in how your divorce plays out for you.
There’s a lot of paperwork
There’s a lot of paperwork to fill out, keep track of, and file at specific points in the process. It’s a lot to deal with when you’re not familiar with the process, and if one paper gets lost, you could find the whole process stalled. If one line on one form is filled out incorrectly, you could stall the process or find yourself in some legal hot water. A lawyer can help you properly fill out the paperwork, ensures it all gets filed on time, and will keep track of things for you.
Your spouse will likely have an attorney
While this might seem like a matter of trying to keep up with the Joneses, in a divorce, this is a serious disadvantage. If your spouse has a lawyer, and you do not, there is a very good chance that you will end up getting the short end of the stick, so to speak. A lawyer cannot guarantee a specific outcome, but as long as you have a lawyer, you’ll at least have a level playing field and a chance of a fair outcome.
Judges tend to be impatient with self-representation
Some judges will be sympathetic and understanding. But most are seeing their umpteenth case of the day, after seeing countless others this week, this month, and this year. They like the routine of people who know what they’re doing, who understand the laws, and know the courtroom culture. As an ‘outsider,’ you are going to be nervous, hesitant, and probably make several mistakes. While judges are supposed to be unbiased, the more irritated a judge is with you, the less he’s going to see your side of the situation. A good lawyer can move things along, get your points made, and keep you from unintentionally digging yourself into a whole.
Emotions can run high
It’s all too easy to listen as your spouse explains their view of the marriage and start getting furious because what they describe is nothing like what it was actually like. It’s too easy to leap to your feet and shout that it’s not true, or to scream for your spouse to tell the truth. Both of these things, and many other emotional things you could do, are only going to hurt you, though. A lawyer will help you keep your cool, dispute things on your behalf, and work hard to ensure that the judge knows your side of things.
Self-representation is always an option. But it also comes with the knowledge that you will likely get a settlement that is not as good as you’d hoped, could look bad in front of the judge, and could make mistakes that could get you in trouble.
Can a divorce be filed without notifying the other spouse?
Although it is possible to file the papers to begin the divorce procedure without your spouse’s knowledge, unless it is an abandonment issue where the spouse cannot be found, you are going to have to serve them with the papers in order to actually proceed. In most cases, it is much better to give the spouse a heads up that the divorce will be filed. Although the conversation is sure to be an emotional one, being blindsided by having divorce papers served out of the blue is enough to make most reasonable people hurt and angry. This can cause a strain on the proceedings and the spouse to retaliate, which can include contesting the divorce, delaying the final judgment, and trying to get more out of the financial settlement than what they are due. This makes the whole process harder on everyone.
In all 50 states you can file a “no fault” divorce, which means that the terms of the settlement will be governed by the law and no personal details of the marriage need to be dragged into the proceedings. It can be done quickly and easily and both parties can move on with their lives.
In some states it is still possible to file a fault divorce. This basically means that the party filing for divorce claims that the divorce is needed because of actions taken by their spouse during the course of their relationship, and that they are therefore entitled to more of the financial assets in the settlement. This process is long and emotionally draining, as both parties will have to appear in court and give testimony about very personal details of their lives and relationship. Unless there is a large amount of financial assets involved, it is probably not worth it to file a fault divorce.
There are a few ways to notify a spouse of a divorce being filed. The obvious way is to serve the paperwork to them yourself, but this can be a difficult and emotional task. You can hire a process server, someone to serve the papers to your spouse on your behalf. Some states also allow papers to be served by certified mail, or an officer of the county sheriff’s office can serve the papers.
If for some reason the whereabouts of your spouse are unknown and they cannot be found, you can file for abandonment. In this case the judge will specify a local newspaper that you can post a public notification of your intent to divorce in and a time period you must wait to give your spouse time to answer. If the spouse doesn’t file an answer with the court within that time period, the divorce will be finalized and a settlement awarded according to the law.
If the divorce papers are served and your spouse refuses to sign them, it becomes a contested divorce. This does not mean that the divorce itself is contested, but that the terms of the settlement are not agreeable. A spouse cannot argue against the dissolution of the relationship, only the terms of it. In this case, the judge will either send the matter for mediation or schedule a hearing on the matter. If your spouse doesn’t show up to either of these they can be held in contempt of court and in most cases settlement will be awarded as originally set forth in the divorce papers.
The basic answer to the question is yes, you can file for divorce without the other party knowing, but the divorce cannot be finalized without their knowledge. You can, however, file a divorce and settle the matter without the spouse’s consent. Both parties don’t need to agree on the divorce in order for it to proceed. The first step should always be to consult with a lawyer.
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