New Yorkers are marrying at a later age, and with later marriages, those who choose divorce are splitting up at a later age. A late-life divorce certainly involves different considerations. For example, you may not have to deal with issues of child custody or visitation as your children may now be legal adults no longer living with you. Though children might not be involved, it doesn’t necessarily mean that late-life divorce is easy.

According to a recent U.S. Census report, less first-time married couples are lasting until their 25^th (or later) anniversaries. Many couples choose divorce later on because they realize they want to make the most out of their life, and know that their relationship is no longer satisfying for them.

Getting divorced, however, brings new considerations. A couple’s investments and assets have lasted longer, and must be divided. A couple will have more homes or businesses that need to be fairly divided. New York courts, being in a state of equitable distribution of assets, will likely split these assets even if one spouse invested more of their own money. New York spouses also have the right to claim a share of pensions, 401(k) accounts and individual retirement accounts even if they are under the name of one spouse.

Another consideration of a late-life divorce is the fact that you are either already retired or close to retiring. You likely do not have the same regular income as you did in the past, so your divorce settlement is key to protecting your future finances.

Source: Wall Street Journal

Do you have children and are considering getting divorced?  It’s common to worry about how your divorce will affect your children. What about if your children are now adults? Often times you may not realize the impact that the divorce may have on your adult children.

Aside from the obvious emotional trauma that a divorce inevitably brings about, adult children are often faced with the harsh reality of a financial change from your divorce.  Of course, we can assist you with making sure that the emotional and financial trauma that your children suffer is minimal.  If we can avoid it altogether, that’s even better.

A recent article published by Reuters, explores some of the financial woes that these children may have to face. Think about it when a divorce happens, everything is generally split in half, so what happens to the trust fund for the child? Or the college fund for that matter?  Do both parents continue to contribute?

Children also worry about is who is going to take care of aging parents? That burden generally falls into the child’s lap.

The article then goes on to say   “They may feel financially responsible for their parents at an early age”. There are some wonderful tips and advice given that can help ease the burden.

Of course, having a lawyer who is experienced in these matters can also help to work out any of the financial issues that may cause your children an undue amount of stress. Give our office a call today and see how we can help you. We can be reached at (866) 830-2064.

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When searching for a New York divorce attorney be sure to interview numerous candidates.  Its important to find an attorney with the experience and skill required to represent you in your divorce.  Its also important that you feel comfortable talking with him or her and confident in their abilities to handle your divorce.

I dedicate the majority of my practice, The Law Office of David Centeno,  to divorce and matrimonial matters.  I pride myself in running a practice based on professionalism, ethics, client satisfaction and the highest caliber of skill.  I have the hard-earned experience needed to help you get through this difficult period in your life.

I have learned what to look for when working on a divorce, how to negotiate and try to settle the matter without litigation and how to try your case if it must go to trial.  As an experienced NY divorce attorney, I can advise you of the best way to handle your case.

To schedule a free consultation with an experienced New York divorce lawyer, please call (866) 830-2064.

One of the most frequently asked questions that I am asked by new clients is “How long does a NY uncontested divorce take?”

My answer is that it depends.

How long an uncontested divorce takes in New York depends on the following factors, all of which are completely out of our control:

1. How fast you get us the information that we need (which we ask on our simple intake form)
2. Whether your spouse cooperates in the process by signing the papers promptly
3. How backlogged the Court and County Clerk’s Office is

Like I said, all of these factors are completely out of our control.  Right now we are seeing a fast turn around time in New York County, but the downside is that the County Clerk is extremely backed up.

We are getting divorces signed by Judges, but the standard wait time until the judgment gets filed with the County Clerk and becomes public record is eight to twelve weeks.  You are technically divorced, but can’t run out and get remarried because the divorce is not public record yet.

Anyway the short answer is that we are seeing uncontested divorces taking on average two to five months depending on the various factors listed above.

If you are considering an NY uncontested divorce, call us to schedule a free consultation with one of our New York uncontested divorce lawyers at (866) 830-2064.

Many clients’ first question is regarding how to get a divorce.  If I wasn’t a New York divorce lawyer, I wouldn’t know either.

To answer the how to get a divorce question, I put together this Divorce How To…

• First, be sure that you really want to get a divorce.

This may seem obvious but I have seen couples initiate a divorce action and then change their minds.  Divorce can be ugly, so please spare yourself this pain if possible

• Research divorce lawyers and hire a divorce attorney.

This is an important point.  Many clients have tried to do their divorce on their own because they thought it would be easy to file an uncontested divorce.  Later, after the court rejected their divorce papers two or three times, they come to our law firm asking us to clean up the mess.

Furthermore, many people lose valuable rights because they try to do their divorce on their own.  You are likely not a lawyer (although we have helped many lawyers get divorced), so please, with all due respect, don’t try to do your divorce on your own.  You may be entitled to certain property rights, a pro rate share of your spouse’s pension fund, alimony or maintenance or even a lump sum payment for your spouse’s professional degree. Don’t lose out.

Not all New York divorce lawyers are the same.  Some focus on uncontested divorce.  Some focus solely on high net worth contested divorces.  Some are seasoned and experienced and some are wet behind the ears.  Make sure you find a divorce lawyer who you feel comfortable with and who can explain to you in detail how to get a divorce.

• Is your divorce uncontested or contested?

An important point to consider is whether you and your spouse can agree upon the division of assets, child custody, visitation and support, whether one spouse will receive alimony and the grounds for divorce.  If not, then you have a  contested divorce and the divorce how to is different.

For an uncontested divorce, I still recommend that you retain a New York uncontested divorce lawyer.  A contested divorce requires a firm that is going to aggressively and effectively litigate and negotiate on your behalf.

For a free divorce consultation on how to get a divorce, please call our toll-free divorce how to line to schedule a free intial phone consultation with one of our divorce lawyers. (866-830-2064)