How to Prepare for a Divorce
For those currently considering filing for a divorce, it should be on your priority list to hire a divorce lawyer in New York, NY from Okun, Oddo & Babat, P.C. to protect your rights. Each member of our team is qualified and can assist you with every step of the divorce. We have successfully handled thousands of family law cases since opening our doors nearly three decades ago. When you need a respected NYC divorce lawyer, contact our office at 212-642-0950.
We understand that your current family arrangement may be complicated and emotionally straining. We offer legal counsel and possible solutions for the most difficult of situations. To help you prepare for a divorce, we have listed some things to consider below.
Decide how you will approach your partner, if you have not already done so.
Be very calm and discuss your decision in a way that will not cause additional emotional pain to your spouse or children. Prepare by packing a bag in the case your spouse does not handle this news well, and emotions become turbulent. Staying the night somewhere else may help when the news is initially delivered. In cases where domestic violence has happened, seeking a professional to help with this conversation may be in your family’s best interest. Have the contact information for a divorce lawyer in New York, NY with you in case you need legal advice sooner rather than later.
Consider what your children’s next step will be.
Be emotionally supportive of your children and communicate openly with them about what is happening in a gentle way. Arrange visitation options with a divorce lawyer in New York, NY from Okun, Oddo & Babat, P.C. to secure your parental future. Taking care of your children during the divorce is extremely important. You may also want to consider taking yourself and your children to family counseling for additional support.
Hire an attorney and start collecting all necessary documentation.
By choosing a divorce lawyer in New York, NY from Okun, Oddo & Babat, P.C., you can begin the paperwork process with confidence. Your attorney can review the documents and walk you through the legal process, including what needs to be filed, where, and when. If you are confused about any of the required documents, an attorney can clarify and address your concerns.
Discuss options with your partner such as mediation or collaboration.
An attorney can help protect your rights and assets. They can also help you come to an agreement with your partner about parenting solutions after the divorce. A divorce lawyer in New York, NY from Okun, Oddo & Babat, P.C. can help with communication and other issues that may arise between you and your soon-to-be-former partner.
We believe in helping our clients get through a trying period by offering our legal services in their time of need. You can reach us at 212-642-0950 to arrange a free first consultation with a divorce lawyer in New York, NY from Okun, Oddo & Babat, P.C.
Health Issues Relating to Divorce
Going through a divorce is stressful and emotional. Add medical issues to the mix and the situation can get extremely complicated.
Serious health conditions such as cancer, disabling diseases, chronic conditions, or any potentially life-threatening issues are not only scary for the individual living with the diagnosis, but for the family as well. In some cases, couples rethink the idea of pursuing a divorce because of the moral and practical issues the illness presents.
There are two basic arguments for dealing with a serious illness and divorce. One argues that it is the duty of the spouse to stay with their spouse and take care of them. What will it look like to family and friends if you leave a spouse that is fighting for their life? The consequences of leaving a spouse at this time in their life could involve alienating family, friends, and perhaps even children.
The other case argues that leaving a bad marriage may lessen the individual’s stress and permit them to focus on recovery. Keeping a healthy immune systems involves lessening stress and worry. Every case needs to be examined in accordance with the current environment of the partners and what the best possible solution to a problem that is never a win-win.
Health issues while going through a divorce can require the assistance of an experienced divorce lawyer New York, NY. Contact the team of lawyers at Okun, Oddo & Babat, P.C. for compassionate, yet practical counseling on how to maneuver through what can be a very tricky legal journey.
Considerations When Considering Divorce and Health Issues
Insurance is a big concern especially when the spouses rely on each other’s health insurance. A divorce can mean that the ailing individual will not have coverage for chronic, existing ailments. The spouse who loses coverage may then have difficulty finding a new policy that is affordable and will cover the condition.
On the flip side of this argument, after divorce, the ailing spouse may be able to qualify for government assistance that prior to divorce would not be available. The court has also been known to order existing coverage to continue. This is considered on a case-by-case basis because some insurance carriers or employers will not allow this option. Consult a divorce lawyer New York, NY about specifics in your case.
Child Custody and Health Concerns
The issue of child custody in a divorce where there are also health concerns can be extremely difficult for the children. It is stressful enough to deal with either of these issues on their own, but both at the same time can be devastating. Some relationships do not survive the trauma and hard feelings created by the situation.
The court, however, always considers the best interest of the child when deciding on custody. If they feel the ailing parent cannot provide the best care for the children, custody will be given to the other parent. This does not mean that the court feels the healthier parent is the better parent, only that the judge feels the sick parent may be unable to properly care for the children.
What is the purpose of alimony?
Alimony is granted as a way to provide reasonable and necessary support to a spouse who doesn’t have the means to provide for themselves. Typically in alimony cases, the spouse who is considered the ‘breadwinner’ is asked to provide for the other spouse who does not have the financial resources to live by themselves. For example, if a stay at home mom is getting divorced, she is not always required to get a job right away after the divorce so she can stay home and care for her children.
What are the eligibility requirements for getting alimony?
The legal guidelines for receiving alimony is created at the state level, and is decided during the larger divorce proceedings. On the other hand, the specific eligibility requirements are determined in family court, based on both the standards put forth by the Uniform Marriage and Divorce Act as well as the following:
- One spouse proving that they lack the property to provide for their own reasonable needs.
- The spouse stating they are unable to find a job and care for their children in the same manner as before.
- The spouse is proven unable to support themselves through employment.
What can I do if I want to request alimony?
There are a few different methods you can use to request alimony and it is helpful to discuss these with your New York, NY divorce lawyer.
- Asking for alimony right at the start of the divorce proceedings.
- Asking the judge to make a special court order if you and your spouse have reached an agreement out of court.
- Asking the judge to make the decision if you and your spouse are unable to come to a decision.
What details do I need to prove when I request alimony?
The judge will want to see:
- Each spouse’s financial standing during the marriage.
- The couple’s standard of living during the marriage.
- The length of the marriage.
- The ability of the payer to pay their ex-spouse adequately while still being able to support themselves.
- Each spouse’s age and educational background.
- The amount of time it requires to get a job and complete training for a job that will give the spouse the same standard of living they were accustomed to during their marriage.
Can I file for alimony after the divorce proceedings have been finalized?
No, the type and amount of alimony is determined during the court proceedings and cannot be changed afterwards unless the recipient gets remarried. There are two different types of alimony; temporary alimony which is just until the divorce is completed, and permanent which will continue for an extended period of time set forth by the judge.
If you have any questions about if you qualify for alimony or how to file properly, do not hesitate to contact our law office today with any questions. Surviving a divorce with all emotions and relationships in tact is a feat in itself. When one of the spouses is suffering from a serious illness, it opens up a whole different set of complications. When one spouse requests alimony, it can also create complications. Hiring an experienced divorce lawyer New York, NY that has handled this specific situation can mean the difference between chaos and some semblance of order. Contact the team of lawyers at Okun, Oddo & Babat, P.C. to discuss how our divorce lawyer New York, NY can help you.
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