Port & Sava

How long will the divorce take and how expensive will it be?

How long will the divorce take and how expensive will it be?

A divorce will take as long as the parties fight and will be as expensive as the parities make it. This might sound like a glib answer, but it isn’t. The issues of a divorce are money, property and children. If the parties can resolve the issues without recriminations, the divorce can move forward quickly and with a minimum of legal fees. Divorces become long and expensive when the parties fight. Also, be aware of a divorce lawyer who stokes your fires of anger. There are a small, but significant number of divorce lawyers who create conflict rather than reducing it. These divorce lawyers’ motives can range from simple greed to having identified to strongly with the client. A good divorce lawyer does not create conflict to inflate billing or become so emotionally involved that he/she cannot give rational legal advice.

If my spouse is at fault for the failure of the marriage, will I win?

You win a divorce by getting past the anger. Winning is six month after the divorce, thinking, “I haven’t thought of my spouse in six months.” But, sometimes, the fighting becomes the end in itself. Many people feel the need to have the court declare that their spouse is an evil person. It won’t happen. The court is not concerned with who was responsible for the failure of the marriage. From a moral standard point, the court is not concerned with who was at fault. If the parties want a divorce, the court will grant it. Also, winning is keeping your legal bill down. When you would rather pay your divorce lawyer to fight you may have reached a bad emotional state.

If the house is in my spouse’s name can I still be awarded part of it?

Title is irrelevant in New York divorce law. The real question was whether the house was acquired during marriage. Property acquired during marriage is marital and subject to distribution.

My husband said that because the money for the house came from his salary, he owns it.

This is not true. Money earned during marriage is a marital asset. Any property bought with money earned during marriage is a marital asset.

If my spouse committed adultery will I get the kids?

The issue of adultery is not relevant to custody and visitation. Again, this goes to the point that the court is not going to get involved in the morality of the parties. The court looks to the best interest of the children, without regard to the morality of the parties. The court will look to who can provide better parental time. A non-working spouse is generally in a better position than a working spouse. If both parties work, then other factors will come into play, such as housing, parenting skills, school districts and the like. The other main factor, is who has been the primary care giver. The primary c

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