Tuesday, September 27, 2011

Divorce Lawyer: Key to Divorce in New York by divorcefilers

Divorce Lawyer: Key to Divorce in New York by divorcefilers

Divorce Lawyer in New York, Key to Divorce in New York by divorcefilers

Divorce refers to the dissolution or the legal end of a marriage. Every state has its own legal requirements governing when a divorce may be granted. These legal requirements may include a residency requirement, grounds or a reason for the divorce, among others.

The grounds for divorce may vary from being fault-based and no-fault based. All these requirements vary from state to state. Certain exceptions like ‘Irreconcilable Differences’ and ‘Irretrievable Breakdown’ are common no-fault grounds for divorce in almost all states. Your divorce could be the most important financial decision in life, as well as one of the most nerve wrecking. In such a circumstance, the key person who can see you through this is a divorce lawyer.

The divorce lawyer helps you in making extremely important financial and emotional decisions like child custody, property divisions etc. You must choose a lawyer well versed and specializing in Family Law.

You can look for a good lawyer by asking around, consulting your friends, relatives and acquaintances. A divorce lawyer with references will be more helpful than the one who is completely unknown to you and all people around.

When you first meet the lawyer, give all case facts. The fee quoted by the person will be a rough approximate as the amount of legal work involved is not very clear. Usually, they charge by the hour, and a retainer fee as an advance payment may be desired by the lawyer. You are at liberty to interview a few lawyers before choosing one to represent you in court.

To be on the safe side, it's a good idea to enquire from the lawyers the following facts:

• The relevant experience he/she has in Family Law and number of years of practice in this field.
• Steps involved in the divorce process as well as expected time frame and legalities involved.
• Filing fee and the fee that any additional legal assistants employed will ask for.
• Inquire about the Retainer Agreement policy of the lawyer/firm.
• Billing cycle of the lawyer.

A good lawyer will answer all queries, and will try to address any concerns that you may have about legal implications or your case in general.

A good divorce lawyer:

• Will always be prepared for all your hearings.
• Will know exactly what your expectation from the case is.
• Will not be able to win all hearings.
• May not be able to answer your calls 24*7*365.

Once you and your spouse start the proceedings, do not sign any paper for your partner without express knowledge of your divorce lawyer. Litigations and negotiations are little subjective so ask your lawyer about his/her policy in this matter.

A good divorce lawyer is invaluable to your case, so you should choose one carefully. Also, once your case starts, do not change lawyers unless it is absolutely necessary as this may also harm your case. In case you are looking to change divorce lawyers, make sure that you get all information from the previous divorce lawyer such as who is the judge, necessary papers etc, so a smooth transition is possible. Once you place your trust in a lawyer, do it completely and assist him/her. After all, it is your own life.

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Fax: (212) 608-0550

Thursday, May 26, 2011

Some New Divorce Stats:

We all know all too well that close to half of all marriages end in divorce. But do you know some of the new statistics which shed more light as to the underlying reasons as to why divorce occurs?

From 2005 through 2009 the demographics concerning divorced individuals were as follows:

According to the Census Bureau, approximately 10.8 percent of “white” people described themselves as having been divorced while the numbers were 11.5% for “black or African-American” people, and 12.6% for “American Indian and Alaska Native” people.  Those groups making up poorer socio-economic classifications are clearly affected by divorce more than other groups. The factors which statistically increase the likelihood of divorce include low income, receipt of public assistance, young age, less education, having children, and unemployment.

It seems clear than financial difficulties can cause marital discord which may lead to a divorce. Poorer people often are less educated, which is another factor for divorce. Those who did not finish college are 16% to 19% more likely to be recently divorced. These trends can create a “catch-22” or “vicious cycle”, as divorce can, in turn, result in poverty. Divorcees, and especially women, often find themselves falling into poverty once they no longer possess the financial stability often found within the confines of a marital relationship. Census data shows, women living below the poverty line are 94% more likely to be recently divorced compared to other women. Women who receive government assistance are 69% more likely to be recently divorced.

Friday, April 15, 2011

The New York No Fault Statute Encourages Couples to Pursue their Desire to Divorce

"No Fault" Divorce in New York makes it Psychologically Easier to Divorce

In the past, many couples were hesitant to divorce in New York even though they were ready and willing to divorce one another in a friendly manner. The reason for this was due to the fact that they were forced to assign "blame" on one another in order to meet the statutory requirements of "fault" previously required.

After last October, 2010, the New York Domestic Relations statute was amended in order to allow a divorce based upon the "irretrievable breakdown" of the marital relationship for the past six months under a new provision under Section 170 (7) of the Domestic Relations Law of the State of New York. Now, instead of accusing one party of physical or mental cruelty, abandonment, adultery or a refusal to engage in intimate, martial relations otherwise known as constructive abandonment, one party now simply has to allege that the couples no longer "gets along." 

Many couples truly interested in obtaining a divorce in the past simply delayed or even forgot about their desire to end the marriage since the very thought of making what in many instances was a falsie accusation against the other was a repugnant thought. Under the new amended statute, such false and unsubstantiated allegations has become a dinosaur relic of the past. New York has finally joined the rest of the country in enabling its residents to obtain a divorce from one another in a friendly, non-accusatory manner.

The new law has most definitely caused an "uptick" not in the number of people interested in obtaining an uncontested divorce in the New York State but rather in the number of people who are actually seeking out and obtaining final judgments of divorce. Professionals handling and processing divorce cases no longer have to perform the so-called "wink and the nod" when listening to their clients tell them how their spouse either, abandoned them (physically or sexually) committed adultery or behaved in a cruel and inhuman manner towards them. 

New York has not only joined the other 49 states in finally allowing its citizens to obtain a "no-Fault" divorce but it has truly entered the new millennium in allowing true democratic freedom and truth to prevail in the world of matrimonial law.

Sunday, April 10, 2011

Like Overpaying at a "Fancy" Restaurant, People Are Overpaying for their Divorces

Paying High Legal Fees Are No Longer Necessary to Obtain a Basic Divorce

Our firm, Divorcefilers.com has been in existence since 1981. This is our Anniversary 30th year in business!!!

We are still very much surprised to witness the fact that today so many couples are paying excessive legal fees in order to accomplish a simple divorce. These people do not even realize that they:

1. Are not getting what they think they are paying for.
2. Are not getting FAST, EFFICIENT service
3. Are not getting a FAST result, namely a final judgment of divorce in a timely manner
4. Usually do NOT have 7 day a week access to the firm assisting them.

Many people believe that they "get what they pay for" which is, in fact, oftentimes true. There are, however, exceptions to this concept. For example, if you find the right neighborhood diner, you can often have a wonderful home-cooked, delicious meal prepared for you at a very reasonable price compared to some super "fancy, " extremely expensive restaurant whose food is actually quite terrible. Just because you save money does not necessarily mean that you are getting an inferior product.There are some people who will still patronize the expensive, fancy restaurant even though they offer an inferior meal. 

This basic concept applies to the services provided at Divorcefilers.com. We work very hard to provide extremely high quality, efficient, low cost divorce services of which we can be proud. Like the neighborhood diner, we want to "serve" a wonderful product at a very low cost in order that our reputation in the community will be such that our clients will be more than happy to recommend us to others.

For further information, please contact us at Divorcefilers.com or call us toll-free at 1-888-224-6800.

Monday, March 21, 2011

Divorces Do Not Have to Cost a Fortune

Divorcefilers.com: The Intelligent, Economical Way to obtain an Uncontested Divorce

Many people today are seeking a friendly, amicable divorce and are troubled and disturbed by the exorbitant costs involved. There is no reason to pay literally thousands of dollars to accomplish an “uncontested divorce” if both parties consent to a simple divorce. It is certainly much more intelligent and prudent to obtain an amicable, uncontested divorce and a low cost.

The problem is that many firms do exist which offer so-called “low-cost divorces” however, the problem is that most of them also offer low quality service. In some instances, the clients must still fill out complicated forms or even go to court themselves.

The answer to this dilemma is to find an organization which offers very high quality, “full-service” capability while still charging a very reasonable, affordable fee. In other words, a firm which offers a tremendous quantity and quality of services at a fraction of the costs of the typical law firm.

Divorcefilers was created to fill this exact void. Divorcefilers provide a fast, simple and economical way to dissolve or annul a marriage in the most efficient manner. Divorcefilers has, in fact, been described as the new millennium's answer to obtaining a fast uncontested divorce.

Divorcefilers was founded on the beliefs that the costs of obtaining a simple, uncontested divorce were getting out of control, and that there could be a reasonable, affordable alternative.

In a world where time and money are always in short supply, the staff at Divorcefilers are dedicated to providing individuals seeking an amicable end to their marriage with the most rapid and cost effective means of accomplishing their goal.

Divorcefilers prepare and file divorce documentation with the court, but do not provide legal advice or counsel. Individuals seeking an amicable, uncontested divorce do not, therefore, carry the burden of unnecessary attorney's fees. Divorcefilers consists of a staff of dedicated, professional divorce document preparation experts who quickly, accurately and economically prepares and files all necessary matrimonial paperwork with the court. We employ state-of-the-art computer software and hardware solutions to tackle the complex problem of preparing and filing this detailed documentation.

Time and attention is provided to all current clients as well as prospective clients. We provide all our prospective clients with a free consultation in order to discuss court procedures, legal terms, court costs, and the filing process.

Most divorces are final in about two months. Even after the divorce is final, clients can call any time in the future if any new issue or concern arises within their family, whether it concerns custody, visitation or child support issues. There are attorneys available to handle even the most complex future issue should they arise.

Since Divorcefilers handles so many cases, we are efficient and very pro-active in getting each and every case handled diligently without wasting precious time. We work very hard to maintain an excellent reputation in the community and very much appreciate the kind referrals we have received over the years.

Divorcefilers has been providing clients with outstanding service since 1981. There is no longer a need to spend thousands of dollars when Divorcefilers can obtain professional results at an affordable cost.

Tuesday, March 8, 2011

Women Soldiers and Divorce

Female GIs Endure a Higher Rate of Divorce

For women in the military, there's a cold, hard reality: Their marriages are more than twice as likely to end in divorce as those of their male comrades -- and up to three times as likely for enlisted women.

About 220,000 women have served in Afghanistan and Iraq in roles ranging from helicopter pilots to police officers. Last year, 7.8 percent of women in the military got a divorce, compared with 3 percent of military men, according to Pentagon statistics. Among the military's enlisted corps, meaning they aren't commissioned officers, nearly 9 percent of women saw their marriages end, compared with a little more than 3 percent of the men.
Research indicates that military women also get divorced at higher rates than their peers outside the military, while military men divorce at lower rates than their peers, according to a journal article published last year by Princeton University's Woodrow Wilson School of Public and International Affairs and the Brookings Institution. Directly comparing divorce rates between the military and civilian sectors is difficult because of the way the numbers are kept. It also noted that older military women -- ages 40-49 -- are about half as likely to be in their first marriage as civilian women of the same age.

The percent of military women getting a divorce has been consistently higher for at least a decade.

Like all divorces, the results can be a sense of loss and a financial blow. But for military women, a divorce can be a breaking point -- even putting them at greater risk for homelessness down the road.

It has an effect, too, on military kids. The military has more single moms than dads, and an estimated 30,000 of them have deployed in support of the wars in Iraq and Afghanistan.

Why military women are more burdened by divorce is unclear, although societal pressure is likely a factor.

"It's a strange situation, where there's a fair amount of equality in terms of their military roles, but as the military increasingly treats women the same as it treats men in terms of their work expectations, however, society still expects them to fulfill their family roles. And that's not equally balanced between men and women," said David Segal, director of the Center for Research on Military Organization at the University of Maryland.

One speculation is that while more traditional men join the military, women who are attracted to military life are less conventional - and perhaps less willing to stay in a bad marriage.

About half of all married women in the military are married to a fellow service member, compared with less than 10 percent of military men. While it can be an advantage to be married to someone who understands military life, balancing two military careers poses challenges.

Sunday, March 6, 2011

Automatic Orders: What are they?

Automatic Orders

An “Automatic Orders” bill was signed by Governor Patterson and effective on September 1, 2009 in New York. 

The Automatic Orders bill amends the Domestic Relations Law and requires that specific automatic orders be served upon the Defendant along with the Summons.  The automatic orders are binding upon the Plaintiff when the action for divorce is commenced, i.e., when the Summons is filed in the County Clerk’s office, and binding upon the Defendant when he is served with the orders.  The orders remain in effect during the matrimonial action unless terminated or modified by court order or stipulation of the parties.  There are five automatic orders as follows:
 1.         Neither party can sell, transfer, encumber, conceal, assign, remove or dispose of any property (including real estate, personal property, cash accounts, stocks, mutual funds, bank accounts, cars and boats) individually or jointly held by the parties, except in the usual course of business, for customary and usual household expenses or for reasonable attorney’s fees in connection with the matrimonial action.

 2.         Neither party can transfer, encumber, assign, remove withdraw or in any way dispose of any tax deferred funds, stocks or any other assets held in any individual retirement accounts, 401(k) accounts, profit sharing plans, Keogh accounts, or any other pension or retirement account, and the parties can further refrain from applying for or requesting the payment of retirement benefits or annuity payments of any kind, without the consent of the other party or order of the court.

 3.         Neither party can incur unreasonable debts, such as by borrowing against any credit line secured by the family residence, further encumbering any assets, or unreasonably using credit cards or cash advances against credit cards, except in the usual course of business or for customary or usual household expenses, or for reasonable attorney’s fees in connection with the matrimonial action.

 4.         Neither party can cause the other or the children of the marriage to be removed from any existing medical, hospital and dental insurance coverage and each party must maintain the insurance coverage in full force and effect. 

 5.         Neither party can change the beneficiaries of any existing life insurance policies and each party must maintain the existing life insurance, automobile insurance, homeowners and renters insurance policies in full force and effect.

           For assistance in processing a simple, friendly, uncontested divorce in New York at an extremely low cost contact Divorcefilers by visiting us at divorcefilers.com or by calling us toll-free at 1-888-224-6800.