What Makes a Divorce Expensive in New York?
First,
it’s important to understand that there are two kinds of divorces - contested
and uncontested. During an uncontested divorce in New York, both parties agree
on all the terms and do not need the court to divide assets or make
determinations about child custody. Thus, an uncontested divorce is usually a
quicker process and is less of a financial burden. An uncontested lawyer will
be able to assist with this divorce route.
On the
other hand, a contested divorce in New York is one in which the spouses cannot
agree on dividing the assets, distribution of debts, custody of children, or
child support. Property division can take a lot of time to resolve, especially
in high-net-worth cases. Essentially, the more contested your
divorce becomes and the more issues the spouses can’t agree on, the more
time your divorce will take both in and out of court. These issues can and will
drive up the cost of your divorce tremendously.
Contested
Divorce in New York
A contested divorce case in New York begins when a spouse files a divorce action
with the court and then serves the other spouse with divorce papers. Before the
Summons and Complaint can be served on the defendant, the plaintiff must
purchase an index number, which is the official origin for all the divorce
documents at the county clerk’s office. Serving the defendant usually involves
hiring a process server who will hand-deliver these documents to the defendant.
Through their contested divorce attorneys, the spouses can also serve notices
to show:
- Bank
statements and receipts
-
Credit card bills
- Tax
returns
-
Pay check stubs
It is
crucial that those seeking or experiencing divorce understand the full process
as a contested divorce can be quite complex. Therefore, it is imperative to
have a knowledgeable and experienced divorce lawyer by your side.
The
Cost of Contested Divorce and the Factors Affecting It
Fault
vs No-Fault Divorce
One factor
that can impact the cost of your contested New York divorce is whether you are
filing for a fault divorce or a no-fault divorce. You and your spouse will have
to make this decision by the time the petition to initiate the divorce is filed
in court.
The
difference between a fault divorce and no-fault divorce is that in a fault
divorce one spouse alleges legal wrongdoing on the other spouse, which they
must then prove in court. By alleging fault, the services of a top divorce
lawyer from a reputable family law firm will be necessary.
Conversely,
in a New York no-fault divorce, you and your spouse will simply cite
irreconcilable differences as the reason for the divorce.
Which
Divorce Method You Choose
If you
and your spouse cannot come to an agreement on division of marital property, spousal
support, child support or child custody then selecting a professional method of
dispute resolution may be best. Such dispute resolutions include negotiating in
mediation or a collaborative divorce.
A collaborative
divorce is a legal divorce process that allows couples to negotiate all
the terms of a divorce, without a court battle. The parties will be informed of
the laws concerning their issues and be able to reach an agreement on the property,
debt division, child support, child custody, and spousal support. In this
divorce process, you and your spouse each hire an attorney, as well as a shared
team of other professionals such as financial analysts, mental health
professionals, and child specialists to aid in the process. This can be costly,
but by having each legal, emotional, and financial professional perform the
services for which each is specially trained, the process usually goes a lot of
smoother than a divorce court battle.
Whether
You Have Kids
If you
and your spouse have children, child support and child custody need to be
figured out. If it’s a contested divorce, these two issues can cost additional
court and lawyer fees.
How
Hiring a Divorce Lawyer in Brooklyn Can Help
Many people
believe that filing for divorce on their own will save them money.
However, do-it-yourself (DIY) divorces often end up costing a lot
more in the long run when mistakes and complicated legal issues start happening
– which can lead to hiring a lawyer anyway to fix the messy DIY divorce.
Instead, protect your interests by hiring an experienced divorce attorney from
the start.
The best divorce lawyers in Brooklyn are the ones at The Louis Law Firm, PLLC. These top divorce lawyers in Brooklyn have the knowledge, experience, and are committed to helping those who are looking to file for divorce. Contact The Louis Law Firm, PLLC at (347) 689-7562 to schedule a free consultation.