There are few legal disputes as nerve-wracking as those involving family issues, especially when it comes to divorce, child custody and buying or selling a home. Each of these falls under the top five most stressful experiences a person can have in a lifetime.
When going through a divorce many thoughts and emotions can come up like - how will my life with our children change or what will happen to the house, debt, and other assets. For some, avoiding the stress and anguish of a long-winded courtroom battle may be their top priority. Many people only buy or sell a home a few times in their lives so they are unfamiliar with the process and the financial requirements. If you are going through a divorce and have to sell or refinance your home at the same time or are a first-time homebuyer, it can be hard to keep a clear mind and make the right decisions.
This is when working with a seasoned divorce mediation or residential real estate attorney can really have a positive impact on your situation. The Law Office of Gina M. Pellettieri has helped countless clients in Suffolk county and surrounding areas to resolve their divorce, family law, and real estate matters in the most favorable and efficient way possible. Here are a few basic aspects of divorce in New York and reasons why our firm is the right choice for you and your family’s needs.
The first step to kicking off the divorce process in the state of New York involves filling out several forms and preparing a decent amount of paperwork. Some of the forms you may have to fill out include a Summons with Notice or a Summons and Verified Complaint. You may also need to submit information about yourself, your spouse, and any children you may have, as well as what you are seeking to obtain from the divorce in terms of child support and custody, property division, and more.
After that, you will need to file your paperwork with the county clerk’s office and pay any required fees. Once that step is completed, you will have a set amount of time – usually 120 days – to serve (deliver) the necessary papers to your spouse. From this point, your spouse has a set deadline to respond to the divorce, expressing whether they are in agreement with all the aspects of the divorce or whether they disagree with some or all aspects and why. Your case would then be ready to be placed on the court calendar, and what happens next varies depending on whether your divorce will be contested or uncontested. Having the help of a Suffolk county divorce attorney is essential to navigate every step of your divorce and avoid unnecessary delays and costly mistakes.
If you and your spouse have children together, some of the many aspects that will need to be resolved as a part of your divorce entail child custody, support, and visitation matters. If you and your spouse are seeking an uncontested divorce, you may work together to create your own agreement about custody, support, and a parenting schedule for your children. In divorce mediation you will negotiate terms with your spouse that you both feel are fair and equitable. Your agreement may then be submitted for approval by the court as part of your final divorce orders.
However, if you and your spouse disagree on these matters, each side will need to build their case to convince the judge that they are the parent who is better equipped physically and mentally to raise the child. The judge may use a series of factors to help with the process of making custody and support decisions – these factors are referred to as the best interests of the child and help the court determine which arrangements will benefit the child the most in the long run, giving parents equal rights rather than relying on any type of gender bias (such as automatically awarding custody to the mother). As always, divorce cases involving children may quickly become heated and emotional, making it crucial to rely on the help of a Suffolk county divorce attorney to guide you along the way.
Attorney and Mediator
Life decisions, like buying a first home or getting a divorce, are the most difficult challenges we face. At such emotional times, it is so freeing to be able to stop fighting with others or wrestling with ourselves. As an award-winning real estate and divorce attorney and mediator, Gina eases difficult transitions to make way for happier, more harmonious homes and families, while protecting the legal rights of all involved.
If you are planning to get a no-fault, uncontested divorce and anticipate you and your spouse may be able to work things out in an amicable manner, it may be tempting to cut your legal costs by skipping the step of hiring a divorce attorney. While it is possible to get a divorce without an attorney in the state of New York, doing so can be risky and can often end up costing you more time and money than you anticipated.
First, when you are signing a separation or divorce agreement, you are technically entering into a contract. Without an attorney, you will not know whether the terms of your divorce are fair to you and whether you are giving up any rights or leaving money on the table. Second, even the smoothest of divorces can be emotionally draining, and it is not always easy to think with a clear mind in order to make rational decisions. If you do decide to go ahead and represent yourself in a courtroom situation, the court will expect you to have the same knowledge and follow the same procedures as an attorney. In the end, an attorney can help you ensure your divorce moves without unnecessary delays so you can move on with your life.
If you have never had to hire a divorce mediation attorney before, you may be feeling apprehensive and wondering what to expect at your first consultation. However, there is no reason to be concerned – think of the initial consultation as an informational interview. The attorney will explain how the mediation process works, what the fee structure is, and then you and your spouse will ask any relevant questions about your situation.
Your divorce mediator will provide you with a list of relevant documentation that will be needed during your mediation sessions and go over some possible agreement options and outcomes. At the same time, you, your spouse and the attorney have a chance to decide whether you are a good fit to work together or not. If you decide to move forward, you will sign some paperwork and agree on attorney fees, and schedule your first joint mediation session.
The Law Office of Gina M. Pellettieri, PLLC, is committed to helping your family at every stage of the process – from the initial consultation to after your final Judgment of Divorce is entered. Whether you are ready to get started or just want to explore your options and get answers, the legal team at the Law Office of Gina M. Pellettieri, PLLC, is ready to help. The office is conveniently located in the heart of Long Island, only 19 minutes from MacArthur Airport (ISP), 25 minutes from the Suffolk County Court Family Court, and 5 minutes from the Suffolk County Community College. Reach out at (631) 320-1493 to learn more.