Preparation for Divorce in Albany

Divorce is one of the most stressful events a person can experience, even when the spouses agree to try and part amicably. Knowing what to expect and planning for life as a single person before you begin divorce proceedings can help ease the process.

Once you have decided your marriage cannot be saved, discuss preparation for divorce in Albany with an experienced divorce attorney.

Get a Handle on Your Finances

Both spouses are likely to experience financial pressure when they part because they must maintain two households on the same money that used to support only one. Before divorce proceedings begin, the spouses should make efforts to understand the family’s financial position and have a clear sense of how much money will be needed for necessities. Establishing a realistic budget with documentation is essential.

Each spouse must identify their separate property and keep it segregated. New York Domestic Relations Law § 236(b)(5)(d) requires couples to divide their marital property equitably. Marital property is anything the spouses acquired from the date of marriage, with specific exceptions for inheritances, proceeds from personal injury actions, and some insurance payouts. The law does not require an equal division, only a distribution that is fair under the circumstances.

A valid prenuptial or postnuptial agreement may impact how the couple divides their property.  It is beneficial to have an Albany attorney review a marital agreement while preparing for divorce to determine whether it may be vulnerable to challenge.

Consider What Is Best for Your Children

Start considering a parenting plan long before filing for divorce. You and your spouse must establish rules governing co-parenting and determine where the children will live, how much time they will spend with the non-residential parent, and who will make important decisions.

State law does not favor either gender in determining custody; instead, the decision is based on the best interests of the child. When parents agree on a parenting plan, they submit it to the judge, who reviews it to ensure it furthers the child(ren)’s best interests. Parents who propose sharing custody must agree on an acceptable parenting plan.

It is highly beneficial for the child(ren) when their parents can agree on a parenting plan. Custody disputes can interfere with a child’s adjustment to their new circumstances and permanently impact their relationships with one or both parents. Mediation is often effective in helping parents reach agreement about issues relating to co-parenting. An Albany attorney could advise a spouse about the requirements for parenting plans to help them plan their negotiating strategy.

Decide How You Prefer to Handle Your Divorce

Divorce does not have to involve a long, drawn-out court process. A litigated divorce creates delay, heightens stress, and generates unnecessary expense. Multiple options exist to help spouses dissolve their unions without a trial.

Couples who resolve co-parenting, child support, property division, and spousal support issues through mediation or negotiation can file for an uncontested divorce. This procedure allows the couple to submit their written agreements to the judge for review at the same time they file a petition seeking a divorce. The judge reviews the documents, and if all is in order, the divorce can be granted without the need for a court appearance.

Collaborative divorce is a team-based approach to resolving disputes between the couple. The spouses each hire an attorney but share the services of other professionals whose input could be valuable, such as psychologists, tax experts, business valuation specialists, and others. Working as a team, the couple and the professionals negotiate a resolution to their outstanding issues and the couple can file for an uncontested divorce.

Consult an Albany Attorney When Making Preparations for a Divorce

As in most things in life, the more thoroughly you prepare for a divorce, the better the results will likely be. Understanding how the process works and what you can reasonably expect from your divorce makes it less stressful.

Consult an attorney from our firm as soon as you begin seriously considering divorce.  They can explain the specific steps you should take during preparation for divorce in Albany. Reach out today to schedule a complimentary consultation.

Colwell Law

Colwell Law N/a
Albany Office
The Colwell Law Group, LLC
200 Great Oaks Blvd  Suite 224,  Albany, , NY  12203
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