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Navigating Divorce: Your Top Questions Answered

April 10, 2024

Tags: divorce, divorce mediation, divorce tips, li divorce mediator, paralegal divorce, Suffolk County NY Divorce Mediator

Divorce is a complex and emotional journey, filled with uncertainties and questions. Whether you’re just beginning to consider divorce or are in the midst of the process, having answers to common questions can provide clarity and guidance. In this blog post, we’ll address some typical divorce questions and provide general answers to help you navigate this challenging time.

1. What are the grounds for divorce?
   • In New York, divorce can be granted on both fault and no-fault grounds. Common fault grounds include adultery, cruelty, and abandonment, while no-fault grounds typically involve irreconcilable differences or an irretrievable breakdown of the marriage.
2. How long does the divorce process take?
   • The duration of the divorce process varies depending on several factors, including the complexity of the issues involved, the cooperation of both parties, and the backlog of cases in the court system. On average, uncontested divorces can take several months to finalize, while contested divorces may take significantly longer.
3. What is the difference between legal separation and divorce?
   • Legal separation allows couples to live apart while remaining legally married. It addresses issues such as property division, child custody, and support but does not dissolve the marriage. Divorce, on the other hand, terminates the marital relationship, allowing both parties to remarry if they choose.
4. How is property divided in a divorce?
   • Generally, marital assets and debts are divided equitably or fairly, though not necessarily equally. Marital property typically includes assets acquired during the marriage, while separate property refers to assets owned before the marriage or acquired by gift or inheritance.
5. What factors are considered in child custody determinations?
   • When determining child custody arrangements, courts consider the best interests of the child. Factors such as the child’s age, relationship with each parent, stability of the home environment, and the parents’ ability to cooperate may all be taken into account.
6. Do I need a lawyer for my divorce?
   • While it’s possible to navigate the divorce process without legal representation, having a knowledgeable attorney or legal professional can provide invaluable support and guidance.
7. How much does a divorce cost?
   • The cost of divorce varies widely depending on factors such as the complexity of the issues involved, whether the divorce is contested or uncontested, and the hourly rates of attorneys and other professionals involved. It’s essential to discuss fees and payment options upfront.
8. Can I modify custody or support orders after the divorce is finalized?
   • Yes, custody and support orders can typically be modified if there has been a significant change in circumstances since the original order was issued. Examples of significant changes may include a parent’s relocation, a change in income, or a child’s evolving needs.

Navigating the divorce process can be daunting, but having answers to your questions can provide clarity and peace of mind. If you’re considering divorce or have already begun the process, seeking guidance from a qualified attorney or mediator can help ensure that your rights and interests are protected every step of the way.

Disclaimer: please note that this article is not legal advice and should be used for informational purposes only. If you need legal advice you should retain an attorney licensed in your jurisdiction. The opinions expressed in this guide are solely those of the author, who is not an attorney.

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