CONTACT US

The Internet has become a place where people can do or buy just about anything and take care of just about any issue. You can buy a car online, and you can also file your will online. But just because you can do these things online does not mean that you should. When it comes to doing things right, saving money by doing it online is not always the answer.

Forming A Company

The Internet is filled with good advice on what to do to start your own company, and you will also find it easy to register your sole proprietorship business online, if your local business registration office has online services. But when it comes to forming a business beyond a sole proprietorship, using a do-it-yourself online service is a bad idea.

There are a lot of legal questions you will have when it comes to forming your own business, and the online websites tend to shy away from giving legal advice. When most people realize that legal websites are not going to answer legal questions, they wisely turn to experienced corporate attorneys to get the job done right.

Make A Will

Online legal websites make the process of creating a will out to be easy and quick. If you have absolutely no assets or responsibilities, then creating a will online is very easy. But if you have an estate of any kind that you want taken care of and family members that will need to be cared for, then you need to get your will done by an attorney.

Online websites are difficult to use if you have a family member with special needs that you are responsible for and want to put provisions for that family member in your will. You will also find that leaving some of your money to your favorite charity is a challenge with online wills. The best approach is to invest a few dollars in having a qualified attorney make sure that your final wishes are taken care of properly.

File For Divorce

When you tell your friend that you are getting divorced, one of the first pieces of advice you may get would be to just do it online for just the cost of the filing fees. Your friend is only trying to help you save some money, but that is really bad advice. Yes, many states do have places where you can print out divorce papers and file them for a few hundred dollars. But all it takes is one attempt at reading those papers to see why it is important to hire an attorney for your divorce.

A divorce, even a simple one, is a complicated process where you could easily sign away more than you should if you do not understand the paperwork. Instead of leaving your future income and the ownership of your home to fate, you should do the smart thing and hire a lawyer instead.

The Internet offers quick and easy ways to do the things that we are told can take months. But when it comes to do-it-yourself legal processes online, the rule of thumb is that if it sounds too good to be true, then it probably is. Instead of hoping for the best by trying to save money on your next legal process, you should guarantee your results by hiring a qualified attorney.

No matter how you put it, a divorce is an unpleasant and horrible thing. A family is being torn apart, and the spouses need to determine how they can sum up their marital life and legally put it behind them. When there are kids involved, the entire process can become even more complicated and stressful.

No matter what anyone tries to tell you, it is important to realize that not all divorces are created equal. You do have choices on how your divorce will happen and what type of negotiation process occurs. You need to understand the various processes so that you can decide which one is best for your needs.

Do-It-Yourself

Most states offer the option to log into an official state website and download a do-it-yourself divorce package. This type of service implies that a divorce is simply a matter of filling out some paperwork and sending in a check. Unfortunately, the process is not that easy.

What if whomever fills out the paperwork has made a mistake? If that has happened, then the paperwork will be sent back and you have to figure out what is wrong. What if you accidentally gave away all of your income to your spouse and then signed the document? Something like that could absolutely happen if you are not a lawyer and you are trying to file legal documents. A do-it-yourself divorce should never be an option.

Mediated Divorce

In a mediated divorce, the parties agree to use a third-party mediator to determine the terms of the divorce. This is usually used in a situation where there are significant marital resources that need to be divided up and neither party is willing to give up their claim. A mediated divorce can take time and become very expensive, but it remains a popular option with people who have a lot of money and property to lose.

Collaborative Divorce

The reality is that there are no tricks when it comes to filing for a divorce, unless you are using a do-it-yourself divorce and have no idea what you are doing. But if you and your spouse still have an amicable relationship, then a collaborative divorce is always the best approach.

In this type of divorce, the two parties hire attorneys and then each party drafts the terms for the divorce. Then the two parties start to exchange terms and a final agreement is reached. While this is an amicable way to draft a divorce, it is still done through attorneys with the spouses avoiding any type of communication directly. If you want to end your marriage on the best terms possible, then a collaborative divorce is the best way.

A Litigated Divorce

In most cases, one spouse wants a divorce while the other doesn't. In this instance, the party that wants the divorce must sue the other party to get what they want. This is a litigated divorce, and this is how most divorces in the United States occur.

As you can imagine, a litigated divorce can get very ugly and take a long time to be resolved. In some cases, the sides will eventually agree to a negotiation because the legal costs are getting prohibitive. But if both parties are willing to stand their ground, then the litigated divorce can leave large emotional scars that last a lifetime.

When an attorney says that they offer divorce services, that statement is much more broad than you may think. Filing for divorce can be a complicated process, even for people who think that they do not have much of an estate to fight over. As you talk to lawyers to try and find your perfect divorce attorney, there are a few other law fields you should ask about to make sure you are getting an attorney that can do the entire job for you.

Family Law

A divorce can get extremely complicated if there are children involved. The parent with custody may want to move out of state and the other parent won't allow it, or the status of the custody agreement may be challenged by one side or the other. Unfortunately, some battling spouses use the children as leverage in a divorce and it can be up to the attorneys to step in and act for the best interests of the children.

A divorce attorney needs to be an expert on family law, and that attorney needs to understand how important timing can be. Either parent can file for custody whenever they want, but the advantage in a custody case can sometimes go to the parent who has an attorney who knows the importance of making the first move.

Estate Management

Divorces involving children can get messy, but divorces involving money and property can get downright personal. Each state has their own laws regarding the marriage estate of a couple, and you need an attorney who knows those laws inside and out to preserve your rights and allow to keep property that is yours.

Some of the worst divorce horror stories people hear are about estate battles, and most of those horror stories are true. That is why a good attorney is essential when you are filing divorce.

Wills & Trusts

In the wake of a divorce, one or both spouses may want to amend their wills to exclude their future ex-significant other. If the husband set up a trust for his wife when they were madly in love, then he may change his mind when the divorce starts going through. When you have money wills and trust accounts that could be part of a divorce, then your attorney needs to be an expert on them to get you the results you want.

Business Law

Some married couples start successful businesses together, and those businesses could become casualties of a divorce. One spouse may be part owner of a successful business, and the other spouse could be entitled to part of that business as a result of the divorce proceedings. If there is a business involved in your marriage in any way, then there needs to be an experienced attorney involved in your divorce.

A divorce lawyer is actually not a specialist, but rather a broad practitioner who is able to practice law in a variety of disciplines. If you do not have an attorney with a comprehensive understanding of all of the areas of law that are involved in a divorce, then you could stand to lose more than you had expected. When you search for your divorce attorney, be sure you find one who has all of the skills you need to get the job done right.

In many states, getting a divorce can be as simple as signing a piece of paper. Nevada is famous for its easy divorce laws, but that does not mean that a quick Las Vegas divorce is always the best answer. If you are going to go through a divorce, then you need to hire an attorney. The temptation to try and do it yourself and save the money is strong, but the amount of money you could lose if your divorce is not properly handled will seem like pittance compared to what you could lose if you are not careful.

Agreeable Spouses can Become Disagreeable Quickly

When you and your spouse first decide to divorce, you may decide to be amicable and get the process over quickly. But once an agreeable spouse has had time to think things over, they can become disagreeable very quickly. The change in mood may come out of spite for what the spouse feels has happened through the whole downfall of the relationship, or the other spouse may have found success since the separation and the spiteful spouse wants part of the new fortune. In any event, you need to have an attorney on your side who can protect your rights from a vengeful spouse.

The Process is not What You Thought it Would be

When you first told your friend you were getting divorced, he assured you that you can do it yourself by signing a couple of documents and filing it with the court. Aside from the dangers a spiteful spouse can create, the process is also not as simple as people make it out to be. Some people see a lawyer handle a divorce and think that it looks easy. But that lawyer has studied years to know how to file a smooth divorce, and that is why people hire attorneys to make sure that they do not lose everything in the process.

Your Spouse May Get a Lawyer Without Telling You

Even though you and your spouse agreed to get divorced without attorneys, that could change as your spouse does some research on the Internet and listens to their family and friends. A divorce is a legal proceeding and you should have an attorney representing your best interests throughout the process. The last thing you need is to try and save money by not hiring an attorney, only to find out that your spouse felt it was better for them to get legal guidance.

The Court May Demand That You Get a Lawyer

In matters like a divorce, there is no such thing as a lawyer going to court on your behalf once and then never coming back. Once you have been associated with an attorney, the court will require you to have that attorney present at all times. The court is basically protecting you from yourself by requiring you to have an attorney for the entire process.

When you and your spouse decide to get a divorce, you need to consider your best interests over everything else. If there are children involved, then you definitely want to do what is right for the children by hiring an attorney. The bold truth is that you need to hire an attorney for your divorce if you want to have your rights protected at all times.

When a couple gets divorced, it is an emotional situation for everyone involved. If there are children in the marriage, then the situation tends to become much more complicated. Unfortunately, you need to look at a divorce like you would a business transaction if you are going to protect your own interests. From property rights to child visitation, there are several elements to be aware of when you are legally discontinuing your marriage.

Try To Stay Cordial

Some marriages head for divorce because there is a complete breakdown in the relationship that can never be repaired. Those types of divorces tend to get ugly, and expensive. If you can maintain a cordial relationship with your spouse during the proceedings, then it will help to make things easier on the both of you. It is possible that one condition or the other will cause the relationship to break down at some point, but it is important to remain as cordial as possible for as long as you can.

Hire A Lawyer

A divorce can look like a standard procedure on paper, but the execution of a divorce is anything but standard. If you are not careful, you could wind up paying your spouse monthly maintenance that you cannot afford. While you do try to keep your relationship with your spouse amicable during the proceedings, it is not unusual for little surprises to pop up that seem to benefit your spouse. With a good attorney on your side, you have the protection you need for your interests and your rights.

Handle Custody And The Divorce Together

There are many different schools of thought when it comes to handling child custody and divorce matters. Some people prefer to do one before the other, while there are those who want to do both at the same time. For the sake of convenience, it is easier to do both at the same time and create all of the guidelines you will need to follow for your life after the divorce is final at once.

Make Detailed Notes

If you have a separation agreement or custody terms in place that your spouse is ignoring, then you need to write that information down so that you can give it to your attorney. The courts expect both sides to honor all agreements, and there can be consequences for either side if they determine that they do not need to abide by the court's decision.

Be Patient

Even the smoothest divorces in the state of New York can take anywhere from three to six months to finalize. Your best plan of action is to stay in contact with your attorney, do what your attorney tells you, and be prepared to wait for the final verdict.

A divorce is never something a family plans on going through, but it does happen frequently in the state of New York. You should hire an attorney to protect your rights, and be prepared to negotiate terms of the divorce that could affect you and your children for many years to come.

Divorce and child custody proceedings can be devastating to everyone involved. Two people do not start a family with the intention of having that family fall apart, but it does happen and the results can be tragic. What can make a family court situation even more tragic is if you do not seek out professional legal counsel from the very beginning of the proceedings. Too many people have misconceptions about the family court process that can cause problems for them now, and in the future.

I Can Just File The Motions Myself

In the state of New York, there is this prevailing opinion among people that will need to use the family court system that they can just file some paperwork, pay a couple of filing fees, and then be done with the process. Truth be told, that is how the entire court system works. But would you really want to file your own paperwork if you were accused of a felony crime?

While a family court case is filled with emotion, you still need to protect your rights to make sure that you are treated fairly. A qualified attorney will walk you through the entire process and make sure that your side is heard. Without an attorney, your divorce or child custody process could turn out in a way that is contrary to what you wanted.

Why Do I Need An Attorney For This?

Some of the decisions made by a family court are based on defined computations and guidelines, while others are judgment calls. When the courts make a decision on judgment calls, they do so with the information that has been presented to them. If you have no idea how to file a compelling argument as to why you should have custody of your children, then you will have a difficult time convincing the courts that your cause is a just one.

A divorce can seem equally as simple to file, but the end result can be difficult to predict if you do not have legal representation. You need an attorney for family court issues because these are issues that affect you personally and have strong emotional value. If you want your voice to be heard in family court, then you need to have an attorney speaking for you.

Doesn't The State Provide An Attorney?

In some cases, the state or county you are filing your motion in will provide you with an attorney from their stable of public defenders. These are hard-working people who do what they can for their clients, but they lack the time or staffing to focus on your specific needs. If you want to get the right legal advice for your family court proceeding, then you need to hire an attorney who is working for you directly, and has your interests in mind.

When it comes to a family matter, emotions can run high. Anger can often take the place of rational thinking, and sometimes bad decisions are made. When you have an attorney working for you on your family court matter, you can eliminate those bad decisions by having a professional take care of your side of the proceeding, and make sure that your interests are protected.

Get a Free Case Evaluation
Schedule a consultation with one of our experienced lawyers today by filling out the form below, or call us at  718-667-1301

    Why Choose Us?
    Experience
    Our firm has a well-earned reputation for providing our clients with informed representation when they need it most. No matter the legal issue you are facing, we will put the law to work for you.
    Results
    Our clients have experienced great success after working with us, and we are proud to have helped them move forward in a positive direction.
    Personalized Attention
    We believe that an educated client is our best client and encourage your participation. Our attorneys are readily available to respond to your questions and return all calls promptly.
    crossmenu