Whether you are thinking of filing for divorce or you have already filed, you will need a divorce attorney to help you navigate through the process. During a divorce, you will need to decide how to split your assets, whether you will be receiving alimony, and whether or not you can file for a no-fault divorce.
No-fault divorce
Unlike fault divorces, no-fault divorces allow couples to end their marriage on the basis of irreconcilable differences. This can make the process faster and less stressful. The parties can focus on their future instead of on what caused their marriage to end.
Besides the fact that there are fewer motions to file, no-fault divorces save money. Often, this type of divorce will be uncontested, allowing the parties to settle their differences outside of court.
It can be helpful to find an experienced Hackensack no-fault divorce attorney to help you understand the terms of separation. In addition, an attorney can explain the process and timeline in a way that will allow you to make an informed decision.
A no-fault divorce can be filed when the couple has been separated for at least six months. To do this, the spouse filing for the divorce needs to state that there has been an irretrievable break in the relationship. The court does not require the parties to live separately during the process, but they do need to demonstrate that they have a reasonable expectation of reconciliation.
Splitting assets
During the divorce process, you may need a divorce attorney to help you with the complicated issues involving the division of your assets. In some cases, you may have to go to court to get an order for the distribution of your assets.
Before you decide to hire an attorney, you should do your homework. Find out which type of state you are in and the asset distribution laws for that particular state. It will help you make better decisions when you start to split your assets.
New York’s asset distribution laws are based on the equitable distribution concept. The law allows a court to divide your property in a way that is fair to both you and your spouse.
The standard list of assets includes your home, your bank accounts, retirement accounts, family businesses, and life insurance policies. You should also consider dividing your debt. If you have a lot of debt, you might want to pay it off to protect your financial interests.
Alimony
Whether you are planning to negotiate alimony in a divorce or have already been awarded, an alimony and divorce attorney can help you understand your rights. They can also work with you to come to a fair and equitable agreement.
The first step in negotiating alimony is to determine the marital standard of living. This can be done by taking into account the higher-earning spouse’s net disposable income. The higher earner may be worried about alimony payments.
Another thing to consider is the debt level. If one spouse has taken on a lot of debt, it will be difficult to pay for the other spouse’s needs. The paying spouse should present their case as early as possible so that the court can make an informed decision.
Depending on your circumstances, you may want to consider a temporary spousal support arrangement. This will provide the supporting spouse with the ability to maintain the same lifestyle as they had during the marriage. It is important to note that this type of support can last until the divorce is finalized.
Mediation
During divorce mediation, both parties are mediated by a neutral third party, who helps them come to an agreement. This is a process that is often less combative and costly than litigation. However, it is important to keep in mind that not every couple is a good candidate for mediation.
During the mediation process, the couple will work together to complete an initial information packet. This includes a list of assets and income. They will also discuss shared goals and narrow the issues to be addressed. This may include child custody, parenting time, alimony, and division of the marital property.
The process of mediation can last anywhere from a few hours to several months. During the initial interview, the mediator will attempt to get a better understanding of the couple’s history and goals. The mediator will also give them an overview of basic legal rights.
In order to make the best use of the process, both spouses should communicate openly with the mediator. This can reduce stress and help them feel more prepared for the outcome of the divorce.