Gina M. Pellettieri

March 2, 2022 by Gina M. Pellettieri

If you and your spouse have concluded that it would be best to stop living together, but you are not yet ready to get a divorce, a legal separation may be a feasible option. While a legal separation may be beneficial in many ways, there are also some critical disadvantages you should consider before entering a separation agreement.

What Is a Legal Separation?

A legal separation is a step before a divorce. A legal separation enables a spouse to move out of the marital home and live separately while still being legally married on paper. A legal separation requires a written agreement by both spouses addressing matters such as child support, parenting schedules, and alimony, if applicable.

A legal separation can be canceled by both spouses at any time if they wish to resume their marriage. Likewise, a legal separation can later be converted into a divorce if the parties want to end their relationship permanently.

How Long Does a Legal Separation Last?

A legal separation can last indefinitely, as long as both spouses still wish to remain separated and reside apart. During that period, you and your spouse are expected to comply with the terms of your separation agreement.

It is worth noting that for a separation agreement to count as a basis for a divorce, you and your spouse must have been legally separated for at least a year before the date when you file for divorce.

What Are the Disadvantages of a Legal Separation?

While a legal separation may provide you the space and breathing room to decide whether you wish to get a divorce or try and reconcile with your spouse, there are a few key disadvantages you need to be aware of before getting a separation. First, you are still legally married to your spouse. That means you still have financial and legal ties to your spouse and may not marry another person without getting divorced first.

Second, you must wait a year before using your separation agreement in a divorce. If you wish to end your ties to your spouse quicker, a legal separation may not be suitable for you. Finally, couples with a history of disagreements or domestic violence cases would likely be better off getting a divorce. Always consult an attorney before making a legal decision about your marriage.

How Can an Attorney Help Me Decide Between a Separation and a Divorce?

Ending your relationship is an emotionally stressful situation. An attorney can help you keep a clear mind by analyzing your case and providing legal counsel based on their previous experiences and knowledge of laws. Speaking to a divorce attorney is always recommended, even if you are simply looking for answers to your questions.

March 2, 2022 by Gina M. Pellettieri

If you have arrived at a point where you need to end your marriage, it is crucial to understand the steps you may need to take to get a divorce in New York. Learn what the New York divorce process is usually like, and why working with a seasoned divorce attorney may help you navigate it easily.

What Is the First Step to Getting a Divorce in New York?

In New York, there are a few different types of divorce to choose from. The first step should be to consult a divorce attorney – your attorney can help you decide whether a no-fault or an at-fault divorce is right for you.

You will need to prepare and file divorce forms and supporting paperwork with the court and be prepared to pay any applicable filing fees. Next, your spouse will be served divorce papers and will have a deadline to provide an answer – they may agree to the divorce, which results in an uncontested divorce, or may disagree with some or all aspects of the divorce, making it a contested divorce.

What Happens to the Kids in a Divorce?

If you and your spouse have children, you must discuss child support and custody matters. Ideally, both sides should work together to agree on how they would like to handle custody of the children, parenting schedules, and child support payments.

If the parents agree, they may present their plans to the court for approval. If no agreement is possible, each side will bring their case before a judge, and the judge will decide based on what is best for the children.

What if My Spouse Disagrees With the Divorce?

If your spouse disagrees with the divorce, you will probably face a contested divorce, and you should immediately reach out to a divorce attorney. Contested divorces can be considerably more complex than uncontested divorces and require the help of a knowledgeable attorney.

The same is true if you wish to seek an at-fault divorce and get justice for being a victim of your spouse’s wrongdoing. An attorney is the best person to talk to if you want an honest opinion about your case and choose the best way to move forward.

How Can a Divorce Attorney Help?

Having the right attorney representing you during a divorce is essential to maximize your chances of a favorable outcome. Your attorney can help you when it is time to make difficult decisions or assert your rights. If you are considering getting a divorce, contact a divorce attorney as soon as possible.

February 15, 2022 by Gina M. Pellettieri

When you are injured and unable to earn your regular wages, hiring an attorney can make you feel nervous as you may not be sure how you will afford it. Learn how much a personal injury attorney costs in New York and why you can still get help even if you can’t afford upfront fees.

How Are Expenses Covered in a Personal Injury Case?

Certain expenses are incurred in a personal injury case to make it possible to gather the evidence required and bring your case to court. Those expenses may include medical exams, testing, expert witnesses, court filing fees, private investigator fees, and deposition fees, depending on the complexity of your case.

Each law firm handles these expenses differently. You may be given a fee agreement explaining how these expenses will be covered and when. The attorney initially covers some expenses and subtracts from your award later on, while other expenses (such as medical co-pays) may be your responsibility. Always ask your attorney about how case expenses will be handled for your specific case.

How Does the Percentage of Net Recovery Option Work?

The state’s legislature regulates personal injury attorney fees which are capped at ⅓ of the client’s total recovery amount. That means that once an attorney wins the case for you, they are entitled to up to 33.33% of whatever you receive as an award.

Some attorneys have fee agreements that allow them to subtract their fees from the net amount of the award after case expenses have been deducted. This is known as the percentage of net recovery.

How Does the Percentage of Total Recovery Option Work?

Another possible fee arrangement is the percentage of total recovery. This option enables the attorney to receive ⅓ of your total settlement award before expenses. Sometimes, the client may still be responsible for repaying the attorney for costs.

Many clients prefer this option because it reduces the risk of the client receiving a bill for case expenses if they do not win their case. Ask your attorney whether they plan to deduct their fees from the net or total recovery amount before initiating your case.

What Happens If I Don’t Win My Case?

Personal injury attorneys work on a contingency fee basis. That means no money is owed upfront, and the attorney only gets paid if they win your case. If your case is not successful, you will likely not owe any attorney fees. For these reasons, you can be confident in recruiting the help of an attorney even if you are not in a good position financially, and your attorney can help you fight for the compensation you deserve.

January 14, 2022 by Gina M. Pellettieri

The term statute of limitation is something you may have read or heard when researching steps to file your personal injury case. Learn the essential information regarding statutes of limitation and how this rule can affect your ability to recover compensation for a personal injury claim.

What Is a Statute of Limitations?

A statute of limitation is the same as a legal deadline for a plaintiff to initiate a claim or a lawsuit to recover damages against another party in a civil case. If you plan to file a personal injury case in New York, filing within the time limit allowed by the statute of limitations is essential for your case to be heard in court.

Simply put, regardless of how severe your accident may have been and how much damages you may be entitled to receive, the statute of limitations imposes a hard limit on how long you can wait. While few exceptions allow for an extension of the filing period, most personal injury cases in New York are affected by the statute of limitations.

How Long Can I Wait to File a Personal Injury Claim in New York?

The statute of limitations for personal injury victims in New York is three years. Once your accident occurs, the clock starts ticking, and you will have up to three years to take action.

In cases against a government entity (such as a city, town, county, or an agency run by these entities), you have a tighter deadline to act – only 90 days to notify the government agent of your intent to sue and a little over a year to begin your lawsuit.

What if I Miss the Deadline to Sue?

If you miss the three-year deadline to initiate your case, your case may likely be dismissed due to the statute of limitations has expired. There are, however, a few exceptions that extend this deadline or pause the clock and allow you more time to take action.

First, if the victim is under 18 or legally disabled, the clock does not start until the person turns 18 or is declared mentally capable. Second, the clock is slowed down if the defendant of the case leaves New York before the case begins and resides out of state for at least four months. These are unique situations that do not apply to every case, so always consult an attorney to discuss your specific case.

How Soon Should I See a Personal Injury Attorney?

Three years may sound like a long time, but the longer you wait, the smaller your chances are of receiving fair compensation. Take action and reach out to a personal injury attorney immediately to maximize your chances of recovering damages for your case.

Disadvantages to Legal Separation in New York