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Divorce

Let's face it - divorces are nasty. You need an attorney who is willing to FIGHT on your behalf.

HOW MUCH IS THIS GOING TO COST?

It's going to cost you a lot. Divorces are expensive, and the more assets you have the more expensive it is. Our firm gives top rate service to our clients. The minimum fee for a simple, uncontested divorce is $3,500, and our hourly rate for contested divorces is $350.00. Some firms will do it cheaper. But with your future at stake, do you really want the low bidder handling your divorce?

WHAT IS AT STAKE?

New York is unique because it is the only state in the nation that requires a finding of fault to secure a divorce. There are only 7 limited grounds upon which you can claim to start a divorce action. You need an attorney who understands the various grounds and knows how to assert them. So the first issue at stake is to make sure your divorce petition does not get dismissed. If you are a defendant in a divorce the allegations of fault levied against you will affect the equitable distribution of the marital property. So you need an attorney adept at defending against a frivolous claim of fault.

WHAT ABOUT MY ASSETS?

Once an action gets commenced there are complex financial disclosure forms that must be accurately completed. The initial financial disclosure form is found here: http://www.courts.state.ny.us/ip/matrimonial-matters/forms.shtml. You clearly need a competent attorney to represent you through these very difficult filings.

WHAT PROPERTY MUST BE DIVIDED?

When assets get distributed you need an attorney who knows the difference between marital property and non-marital property. Unlike all other states New York is unique in that it recognizes professional licenses and advanced degrees earned during the marriage as marital property. See, O'Brien v. O'Brien, If your soon-to-be X obtained such a degree during the marriage you are likely entitled to a share of his or her increased earning potential even AFTER the divorce.

WHAT ABOUT THE KIDS?

If you have minor children there are issues of custody, visitation, and support that must be addressed. Often times attorneys try to settle a divorce action specific to your needs with "form" agreements. This often leads to more problems down the road. Our law firm never does that. We tailor the separation agreement to your needs so that your X spouse cannot utilize the children as pawns.

SHOULD I CONSIDER MEDIATION?

There is a movement in divorce law to go to mediation. At Palumbo & Associates we only believe in mediation in the simplest of situations. If you have children, own real property, or have been married for any length of time, we believe that it is best to stay away from mediation. This is because the parties can work out an uncontested divorce and agree on the terms of the separation agreement without the need for mediation through individually hired attorneys. The disadvantage of mediating is that if the mediation does not go as planned then the attorneys of whom knows your situation the best is disqualified to litigate it, meaning that you have to go out and hire new counsel. Rather, we believe that in the event you believe you can work out an uncontested divorce you can do so utilizing an attorney to negotiate independent of a mediation forum, and in the event issues have to get litigated your action has already commenced, you can keep your attorney, and you do not have to go back to square one.

WHAT SHOULD I DO NOW?

If you need a divorce, or have been served with divorce papers, you should Contact Palumbo & Associates today and will be your advocate from here forward. Contact Palumbo & Associates today and will be your advocate from here forward.

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