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Pre-Divorce FAQs

Cheating, domestic abuse, or just two people falling out of love are all reasons why people get divorced. It can be difficult, frustrating, and stressful for everyone involved. However, divorce in New York can be easier by planning with Alatsas Law Firm, experienced divorce lawyers in Brooklyn. Here are some answers about divorce that may help with decision making.

I just filed for divorce. What now?

This all depends on whether the divorce is contested or uncontested. A contested divorce is one were both spouses cannot come to an agreement. A uncontested divorce is one in which both spouses agree upon decisions such as property division, child support, child custody, spousal support and other financial issues. After that you will go through the process of getting a divorce starting with the temporary court order.

What is a Temporary Court Order?

This provides a status quo until the final divorce agreement is decided, and is only necessary if the couple could not come to a temporary agreement. These usually deal with things pertaining to children, property and spousal support, which make sure that both spouses are comfortable during the divorce process.

What are my rights during a divorce?

Each state has its own divorce law that may differ from other states’. The best thing to do is to obtain an attorney and research what your rights are. Someone living in New York needs to get a New York divorce attorney who is well versed in New York State divorce law. Some rights and protection people have during a divorce process are:

1.     One spouse cannot harm, threaten, or harass the other.

2.     One spouse cannot use a credit account that it in the other spouses name alone.

3.     Each spouse must adhere to temporary court orders.

What will he/she get if we are divorce?

In New York, marital property is divided via equitable distribution, where the court must divide the property equitably. This does not mean an equal split of all assets.  The judge will come to a decision that is deemed fair, and is based on several considerations, including duration of marriage, alimony, and many other factors. Ultimately it is up to the court to decide what marital belongings will go to whom during a divorce, not either of the spouses, though each person gets to keep their separate property.

Does anyone have to move out during a divorce?

No. No one has to do anything, but talking to an attorney could help with moving out. For example, a New York divorce attorney could help get a restraining order if there is domestic abuse. The spouse will have no choice but to move out in this case.

The divorce process is difficult and requires careful consideration. Contact experienced and knowledgeable New York divorce lawyers, Alatsas Law Firm, for more information about the divorce process and let them help you get through this tough time.