Are you looking to start the divorce process and have questions about what to do when filing for divorce? Contact our Buffalo attorneys today!
1) Choose the Right Lawyer
In selecting the attorney who will represent you, interview more than one potential candidate and choose the one whose approach matches your needs.- It is important that you feel confident that you’ll be able to work with your lawyer.
- Hire a lawyer who will listen to you and be responsive to your questions.
- You will be paying for your lawyer’s time, so keep your interaction efficient by grouping your questions and limiting contact to once a week or once a month.
- Constantly calling your lawyer with questions will cause your costs to mount up quickly.
2) Take the Right Steps
- If you’re contemplating a divorce, your first goal is to select your attorney.
- Advice from co-workers, friends, or relatives who might have been through a divorce is of little value, because every situation is unique.
- Meeting with an attorney ensures that you receive guidance tailored to your situation.
- For a fee of $150, I offer a consultation which includes a personal meeting during which you will receive an overview of relevant New York State law, guidance in selecting options for how to proceed, and an estimate of the amount of my retainer.
- That initial fee will probably be the best money you spend because it will give you an opportunity to learn about divorce law and unload some of the stress in your situation.
3) Understand Amicable Divorce
- People often say they have reached an amicable resolution with their spouse regarding their divorce.
- No court proceedings may have taken place, but couples have discussed houses, children, and other important issues and believe they have reached a resolution, so we prepare an agreement for both sides to sign.
- In New York State, a lawyer can represent only one spouse and, although it is not considered appropriate for both spouses to meet with one attorney, one spouse can meet with a lawyer and have a property settlement agreement drafted, reviewed by the other spouse, and signed.
- This cooperative approach, which can expedite matters and keep the couple out of court, still carries a certain amount of cost, along with certain costs involved in finishing the divorce process.
- New York State requires specific filing fees and there is no way around paying a fee for the divorce; however, costs can be minimized by reaching such a resolution.
4) Learn the Grounds for Divorce
- In New York State, no-fault grounds mean you can get divorced because your marriage has been irretrievably broken for six months.
- Prior to 2010, when New York State adopted no-fault grounds, people had to base their divorce on specific grounds such as cruel and inhuman treatment, adultery that could be contested by the other spouse.
- Today’s no-fault grounds mean that the responding spouse cannot contest the divorce. If one spouse wants a divorce but the other doesn’t, the divorce will happen.
- Rather than focusing on the grounds for divorce, make plans for moving forward by addressing such issues as children, houses, and money.
5) What to Bring to a Divorce Consultation
- When you first meet with your divorce attorney, bring a list of questions. When they come for an initial meeting, many people are often nervous and, although they have a lot of questions, once they arrive, those thoughts may evaporate.
- If you have access to the prior year’s tax return, bring it with you, along with a recent pay stub if you have one.
- That first meeting will primarily include a review of your specific situation and any questions you want to ask.
- You may leave with a list of information to gather, but this initial meeting is essentially an information gathering session that will enable us to set a course for your divorce.
Are you or a loved one looking to start the divorce process and have questions about what to do when filing for divorce? If you are considering divorce, please contact our experienced Buffalo Divorce Attorneys to schedule a divorce consultation with our experienced Buffalo attorneys.
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