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When you get married, you think it will be forever. Unfortunately, life happens and sometimes, marriages can crumble without warning. Going through a divorce can be complicated and difficult, so it is important to have an experienced lawyer in New York help you with your case,
Spodek Law Group are familiar with the laws of the state, so we will know what documents you will need, and we will give you advice during this emotional time in your life. New York is a no-fault divorce state; therefore, you do not have to prove that the other spouse is at fault. Before the divorce is final, all issues must be resolved, such as child support, custody agreements, alimony, and property.
A divorce attorney can take care of everything, so your stressed will be reduced. We will get the information from you, and we will make sure no mistakes are made. We will ensure that all debts are disclosed, and we will make sure your property is handled sufficiently.
We realize that you wish to get the divorce finalized as quickly as possible. We will help to ensure that there are no delays. We will complete the necessary forms and documentation, and we will communicate to the other attorney to get the proceedings settled as quickly as possible.
If a child is involved, there are many decisions that need to be made. We can help you seek sole custody of your child, or we can help with a joint custody agreement. WE can set up a visitation arrangement, and we can help with child support. Child court custody cases can be very complicated, so you will need a New York attorney to make sure you are happy with the agreement.
One of the hardest things to do when obtaining a divorce is to divide the marital assets. We will protect your interests and your rights. In New York, property that is joint will be divided up in a way that is fair to both parties. When making decisions about property, the court considers the length of the marriage, the amount of property, and the circumstances of both parties. Future earnings will be considered. If you have been married for a significant amount of time, you probably have accumulated lots of property. In addition to property, the court will divide your debts as well. Mortgage loans, credit card debt, and student loans can be divided between spouses. We can help make sure that you are getting what you deserve, and you are not paying for more than is necessary.
If you believe you have grounds for annulment, Spodek Law Group can help you. In New York, an annulment will be allowed if one spouse is still married to someone else, one party was not of the age of legal consent, one party was not of sound mind or fraud was involved. If an annulment is granted, it will be as if the annulment never happened.
Divorce can be a stressful time for everyone involved. At Spodek Law Group, we will try to reduce your stress as much as possible, so you can put this difficult time behind you and get on with your life. Call us today, so we can let you know how we can help.
There are many reasons that couples end up getting a divorce. For many, it is simply because they have fallen out of love, while for others it might be something much more complicated than that. While everyone enters into a marriage with the anticipation that the union is for life, those dreams can come crashing down months or years down the road. For some, the breakup is amicable in nature and the divorce finalized inside a few days. Other cases are much more involved. If that is the case, you will want to have a Bronx divorce lawyer on your side to make sure your rights are protected in the end.
Divorce in the bronx
As with most areas of the country, divorces in New York can be either straight forward or rather complex. Much of it has to do with the complexity of the marital assets and the extent to which the couple can agree on a settlement. There will be times when a lawyer becomes a necessity. Even if you and your spouse are splitting up on good terms, you will have certain financial interests that you need to ensure are protected. There may also be child custody and visitation issues to work out, along with a host of other matters that cannot be easily spelled out in a simple piece of paper.
When one party of the other in a marriage decides to file for a divorce, they will petition an officer of the court to do so. Papers are then drawn up and delivered to the other partner. In many cases, those papers are signed and the terms of the divorce agreed to. It is when the terms are undecided, or the two parties simply cannot agree upon them, that the divorce becomes a bit more complicated. Sometimes a mediator can help iron out those unresolved differences. If not, a judge will usually need to intervene.
Legal Implications of Divorce
There are numerous legal implications to consider when filing for a divorce in the Bronx. Depending upon your circumstances, there could be child custody matters to consider. If you cannot agree on a plan for your children, then a judge will need to decide. This will impact visitation rights, whether or not the spouse with custody can move outside of the area, and much more. If you have a child, you will want a Bronx divorce lawyer representing you in order to protect your parental rights.
Assets, both property and financial, are up for debate during a divorce proceeding. If you have substantial holdings that were acquired before the marriage, those may or may not become a part of the divorce settlement. There are also potential matters of spousal support to consider as well. These can all get rather sticky, particularly if we are looking at quite a few assets to divide up. Testimony may need to be gathered, evidence compiled, and statements taken in order for the judge to make a final ruling. Because of this, complicated divorce settlements can take months to decide without the proper legal guidance.
What Can A Bronx Divorce Lawyer Do For You?
A divorce is an emotionally tumultuous time. You will have many things to take care of, to the point that you life can seem like it is crashing in on you. You will want a bronx divorce lawyer by your side to give you sound advice and to guide your decision making process. Your lawyer will also see that your best interests are protected. Contact our office today to begin the process.
Can a divorce settlement be revised years later?
When you’re going through a divorce, a settlement will eventually be made that divides all of your assets as well as a few other components, such as child visitation rights. While it’s possible for a divorcing couple to agree on the settlement themselves through the course of mediation, many cases end up resulting in a judge making a final decision on what the settlement should be. In this situation, it’s possible that you’ll be presented with a settlement that you don’t believe is fair. If the settlement occurred years ago and you’re just now thinking of having it revised, the following details whether or not it’s possible to do so.
Can I Revise a divorce Settlement Years Later?
Any order given by a court is determined to be binding, so it’s always going to be difficult to have it revised or amended in a way that benefits you. Although it’s certainly possible to have a divorce settlement revised, it becomes increasingly difficult to do so with each passing year. The longer you wait, the less likely it is that the changes you wish to make will be granted by a judge. If you wish to have a divorce settlement amended, your ability to do so will likely be restricted to issues such as child custody, alimony payments, and child support, as a change in circumstances allows for the change of the divorce settlement to reflect the new circumstances.
One of the most common ways in which a divorce settlement is revised occurs when the financial situations change between a couple. For instance, if the husband made $50,000 more than the wife at the time of the initial divorce settlement, they may be required to pay high child support payments. However, if these financial situations changed substantially, these changes could be taken into account and the child support requirements altered. When you make your case to a judge, you will need to present extensive documentation that supports your belief that certain aspects of the original divorce settlement should be altered.
How to Prepare For and Justify a Revision of the Divorce Settlement
Once you’ve identified that there are substantial changes within the situation between you and your ex-spouse to account for a revision of the divorce settlement, you’ll want to prepare for the modification. The only preparation you can make once you decide to revise the settlement is to meet with a divorce attorney such as ours that can assist with your case. However, in the time between the first settlement and the revision, you can support your case by acting in a manner that will allow the courts to look at your situation in a positive light. For instance, always make child support payments on time and go out of your way to take an active role in the lives of your children. Skipping payments or missing time that you’ve been designated to spend with your children will hurt your chances to obtain the necessary changes to the divorce settlement.
Justifying the modification of a divorce settlement is the most challenging aspect of a case such as this. You’re going to need extensive documentation that supports your request and will need a serious complaint of the initial settlement in order to have a chance at succeeding. It’s important that you don’t go into court with a minor complaint and that you never appear reactionary in front of the judge. Before filing a petition to modify the settlement, it’s recommended that you make a sincere attempt to resolve your dispute with the initial settlement through correspondence with your ex-spouse. Make sure you have a written record of this correspondence. If this approach doesn’t work, your only recourse is to file a petition.
Here at Spodek Law Group, we make sure to provide each of our clients with high quality representation, so contact us today if you have a divorce settlement that you wish to have revised.