Entries Tagged 'Divorce Strategy' ↓

The New York State legislature have finally passed a bill that will soon put into effect a new long-awaited law permitting no-fault divorce in New York State.  The New York Times, amongst others, eagerly reported the breaking news yesterday.

As a New York divorce law firm, we have seen the many problems that New York not permitting no-fault divorce has caused.  Keeping spouses imprisoned in unhappy marriages.  Encouraging people to perjur themselves so that they could obtain relief from a broken marriage.

The New York Times just published an op-ed articles discussing how no-fault divorce is the best way to protect children (and all people involved) from the harmful consequences of divorce.  Unfortunately, New York is the only state in the nation that does not allow no-fault divorce, except under the narrow exception of what is called a conversion divorce where the parties had filed a separation agreement with the court and waited a year.

I get phone calls every day where a woman or man calls with the following type of story.  I hate getting these calls.  Not because we choose not to represent them, but because I tell them the truth, the harsh reality of New York divorce law, and the truth really sucks… (pardon my language, but its true)

Monique gets served with divorce papers from her husband Tommy’s attorney.  She reads the uppercase words explaining the documents: SUMMONS WITH NOTICE.  The papers go on to state that Tommy is alleging that Monique abandoned him and treated him in a cruel and inhuman manner.

The Law Office of David Centeno, PLLC is able to serve all New York State (which is extremely large, when it comes to states) because we focus solely on New York uncontested divorces.

New York uncontested divorces (versus a contested or disputed divorce):

• does not require any court appearances by you or us
• is much more affordable than a contested divorce (you will save thousands of dollars)
• is much faster than a contested divorce (we will save you time)

Today’s attorney’s fees have become astronomical.  I recently read an article by a New York divorce lawyer who charges $700 per hour.  Given that the average contested divorce can take hundreds of hours, if you are in the market for a divorce and can do math your stomach probably just dropped.

$700 an hour is on the high side.  The average New York contested divorce attorney fee is approximately $250 an hour.  Again, hundreds of hours…  I wouldn’t want to be paying those fees.

Often I get calls from husbands or wives, talking in hushed tones, asking for advice regarding how they can convince their spouse to get an uncontested divorce versus a contested one.  I don’t blame them.  In today’s economy, I too would want to at least try my best to get an uncontested divorce that is more affordable, far faster and less painful that its contested alternative.

[I recently wrote an article discussing a term that I coined: The "Affordable Divorce." I recommend that you read it before continuing this blog post.  In it I describe some divorce strategies that may help you save thousands of dollars on your New York divorce.]

New York is not only one of the most expensive places to live, its also one of the most expensive places on earth to get divorced.  New York divorce is exceedingly expensive for various reasons:

• New York still requires fault grounds for divorce (as the New York Times recently editorialized and I commented on),
• New York’s custody laws seem to encourage litigation, and
• professional licenses and educational degrees are classified as marital assets,

all which promotes litigation.  New York state doesn’t make it easy to get divorced.

Clients often ask me about New York separation agreements, what they are, how they work, and if they should enter one instead of getting a costly divorce.

You should always consider a separation agreement as a valid option and as an alternative to divorce.  A separation agreement puts in writing the terms of your separation, which one year from the date the agreement is filed with the court, become the terms of your uncontested divorce.

The benefits of a separation agreement are:

If you are getting an uncontested divorce, usually your spouse will voluntarily sign the divorce documents.  By its nature, an uncontested divorce is usually agreed upon by both you and your soon-to-be ex.

Occasionally, a situation arises where your spouse refuses to sign the documents quickly or just flat out refuses to sign.  This may happen if he or she for some reason has a change of heart.  Don’t worry, you still may be able to get an NY uncontested divorce.  You can have your soon-to-be ex-spouse officially served with the divorce papers.

Most NY divorce lawyers charge far too much money for divorces.  If you do your research you can save thousands, possibly hundreds of thousands (or millions), of dollars on your divorce.

Don’t pay a NY divorce lawyer $300 to $600 an hour to represent you if you don’t have to.  If you and your soon-to-be ex-spouse can agree on certain things, you may be eligible for an uncontested divorce.

If you meet the New York residency requirements, can agree on the grounds for divorce (or the legal justification to end your marriage)