Couples do not enter their marriage anticipating it to end in a divorce. With divorce becoming much more common place in our society, there seems to be little stigma attached to it. No matter the circumstances, the ending of a marriage is always difficult and emotional, however, with the right representation and team, you and your spouse can make it a much less traumatic experience. For this reason, you should take your time and utilize all resources available to you, when considering which divorce attorney will be representing you.

The single greatest advantage is the expertise that your attorney will guide you with through the process. So take careful notes, seek advice from friends that have gone through a divorce and their satisfaction level of their attorney, research the attorney’s background on sites such as AVVO (which rates attorney’s and doctor’s). In today’s day and age, there are numerous places on the web to rate a business, whether it is a local restaurant, a golf course and even attorney’s. Google, Yelp, Citysearch and AVVO are all examples of places you can go to in order to read reviews of a potential attorney. Remember, the attorney you retain should represent you to the best of their ability and their reputation should reflect just how well he/she represents their clients.

Efficiency is another reason to hire representation in your divorce proceedings. Utilizing an attorney with a strong knowledge of Family Law will expedite the process by making certain that your paperwork is filed with the court in a timely and proper fashion. Divorce attorneys are specialized in their field, and often very familiar with the judges and other attorneys in the area who will be representing your spouse. So be certain to inquire about this when you have a consultation. You don’t want an attorney who recently moved to the area and is just “setting up shop” for the first time. You want an established attorney that has roots in the area.

Hiring a divorce attorney is not an easy process, for this emotional journey you and your spouse are embarking on. The decision to hire the right firm for your representation during this difficult transition in your life is the wisest move you can make. The right attorney will work with you every step of the way making certain that your divorce is as amicable as possible. Putting your trust into your divorce attorney will be the first move you make in a long line of choices regarding your divorce. Make certain that you find a firm that offers a myriad of services, including Contested and Uncontested divorce matters, mediation, Collaborative Divorce and Child Custody matters.
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Prenuptial agreements are often misrepresented as a foreshadowing that a marriage is doomed from the start.  A common reference is that they are a “weapon” a future spouse will use in a divorce.  As a result, many people have strong objections when their future spouse suggests a prenuptial agreement.  These objections often come from the heart, when in fact, the prenup is a sort of “insurance policy” for any marriage.

The following are logical responses to the most common objections that may overcome any emotional response.

“If we end up getting a divorce, I’m sure it will be civil.”

Even marriages that start off in the most loving circumstances can end badly.  There is simply no way to predict the future.  A carefully drafted prenuptial agreement will help protect us so that should we end up getting a divorce, there won’t be any emotionally and financially draining court battles.

“Prenups always favor the husband.”

This is not true, prenuptial agreements actually empower women by assigning a fair monetary worth to the non-monetary activities, such as stay at home mothers.  This ultimately protects women who may have sacrificed their career in order to raise their children.  All prenuptial agreements must be fair and equitable in the eyes of the law in order to be upheld in a court.

“Why do we need a Prenup?  Neither of us have any substantial assets.”

Even with many couples now waiting to enter into marriage in their 30′s after they have established a career, in the current economy, it is common that many couples enter a marriage with limited assets.  With any hope, your future will be filled with success, both individually and collectively.  If only one party thrives financially over the course of the marriage, those assets could be “up for grabs” in a divorce.  A well thought out prenuptial agreement will ensure that each spouse will keep what he/she has earned.

“A Prenuptial Agreement means you don’t trust me.”

A well drafted prenup can only be created in a trusting atmosphere where both parties feel free to offer complete disclosure regarding assets and debts.  Addressing these issues up front will ultimate open the door to resolving any other important issues that may have otherwise not been addressed.

“I’ll always be worried.”

Actually, a prenuptial agreement provides the ultimate peace of mind for both spouses.  When decisions about marital assets, debts and support are addressed upfront, both parties will be able to sleep well at night knowing that your assets are protected no matter what situation may arise in the future.

The State hoped that with the implementation of the No Fault Divorce Law, that couples looking to dissolve their marriage would work harder to concentrate on a child custody financial issues rather than wasting countless hours and the court’s time in heavily litigated battles in a court room. To date, there has been a significant increase of divorce filings filed in Long Island, proving that the strategic move was enabling couples to move forward with their divorce in a more civil matter. Stephen Younger, the head of the New York State Bar Association was quoted after the bill became a law, “By removing the requirement to prove fault, divorcing couples and the courts will no longer have to waste resources litigating on whether a marriage should end, but will be able to better focus on issues such as the welfare of the children, fair division of marital assets and other economic concerns.”

The State Assembly passed the law in 2010, eliminating the need for specific grounds for divorce, although this new approach does not apply to all couples. Previously, couples would have to either wait after a 1 year separation, or prove that one of the partners was responsible for acts like cruelty, adultery or abandonment. New York was the last state to adopt irrevocable differences as a reason for divorce. Governor David Paterson was quoted after signing the bill, “Finally, New York has brought its divorce laws into the twenty-first century.”

Under the new law, a spouse can claim that the marriage has “irretrievably” disintegrated, at least 6 months before filing the papers for divorce. A subsequent law, signed at the same time of the No Fault Divorce Law, was set to provide guidelines for issuing temporary maintenance (commonly referred to in the past as alimony). This formula is expected to have revisions made in 2012, as it is simply based on the party’s incomes, without addressing household expenses such as mortgage payments, utilities, etc. which is commonly addressed in a pendent lite motion in a contested divorce.

This formula states that temporary maintenance should be the lesser of the following:

- Thirty percent of the higher-earning spouse’s income, minus 20 percent of the lower-earning spouse’s income.
- Forty percent of their joint income, minus the lower-earning spouse’s income.

Although it is widely agreed upon that this new formula provides consistency, allowing couples entering the No-Fault Divorce process, a greater understanding of what each party will have to pay/receive during the divorce process, it fails to take the length of the marriage into account.

At the end of the day, numbers of couples on Long Island filing for a No Fault Divorce have risen since the enactment of the law in August 2010. Currently, in Nassau County, the number of new cases has increased by 6 percent compared to 2009 before the law went into effect, and in Suffolk County, increased by 9 percent respectively. (LI Divorce Fillings up Under New No-Fault Law, March 11, 2012)

With the current economic downturn, many couples in and around the Tri State area, have struggled with job loss and foreclosures. One of the hardest hit areas has been Long Island, where the cost of living exceeds other geographical areas in the country. This added financial stress, is often a leading cause of couples seeking a divorce. It is crucial that couples facing economic hardship and going through a divorce, seek advice regarding bankruptcy and other debt resolution options prior to and during the divorce process.

The average debtor seeks to file either a Chapter 7 or a Chapter 13 bankruptcy. When filing a Chapter 7 bankruptcy, the debtor’s non-exempt assets are forfeited to the trustee and all of the debtor’s unsecured debts (i.e., charge cards, medical debts, personal loans, etc.) are completely discharged. Do not be alarmed, for the average Chapter 7 debtor, most if not all of their assets are exempt, and therefore, are not turned over the to estate.

A Chapter 13 bankruptcy is filed for one of two reasons, either, the debtor earns income above the threshold for his or her family size (each state has income thresholds for filing a Chapter 13), or, the debtor is behind on the mortgage and is seeking to prevent or stop a foreclosure action. In a Chapter 13 bankruptcy, a portion of the debt (usually 30% to 100%) is repaid by the debtor over a 3 to 5 year period. This is referred to as the Chapter 13 Plan. The plan payment is determined by considering the debtor’s income versus his or her reasonable expenses.

In certain situations, it may be beneficial to a couple to file for a joint bankruptcy prior to filing for divorce. Due to income guidelines for Chapter 7 versus Chapter 13 Bankruptcy, it is essential for couples seeking to dissolve their marriage to seek Bankruptcy Consulting and Planning. In less frequent circumstances, if the joint marital income of both spouses is above the income guidelines, the would make more sense for the parties to file for divorce first, agreeing upon the payment of maintenance (commonly known as alimony) and child support (if there are children involved), then initiate individual bankruptcy motions after the divorce is finalized. In this case, both parties have effectively redistributed their income, allowing the spouses to file individual Chapter 7 Bankruptcies, where as a married couple filing jointly, would be precluded from doing so.