I am ready to divorce my spouse. Now what?

When you call Faith’s firm inquiring about a divorce, a senior paralegal from her team will talk with you to gather important details and schedule a one hour consultation.

How are you conducting consultations during COVID-19?

Consults can be conducted in person, by phone, or a Zoom video call—it’s up to you. The meeting lasts about an hour.

Is the consultation confidential?

Yes, everything you tell us is confidential. This includes any financial records or personal information you share with us.

What are grounds for divorce?

New York is now a No-fault divorce state. The Plaintiff will get a divorce based on an irretrievable breakdown in the relationship for a period of 6 months or more. 

What kind of financial documents should I have when preparing for divorce?

To start:

·      At least 3 years of tax returns

·      1 year of credit card statements

·      1 year of statements for the account(s) from which all expenses are paid

·      a current statement for all of your assets and liabilities – all bank, investment, retirement accounts and the like & loan statements

·      if there is a separate property claim (assets before your marriage, inheritances, etc.), you should begin the process of gathering documents to support your claim

What are the most common aspects of Divorce Law?

Divorce Law involves a married couple divorcing. In New York State, the Supreme Court handles divorces and related matters as:

·      Child Custody – visitation, decision-making, custody. What’s in the “best interests” of your children?

·      Child Support – an ongoing, scheduled financial payment made by one parent to the custodial parent for the financial benefit of the child. These payments can be agreed to or ordered by the Court both during and after a divorce.

·      Spousal Support – an ongoing, scheduled financial payment made by a former spouse as a legal requirement of separation or divorce. These payments can be agreed to or ordered by the Court both during and after a divorce.

·      Joint Marital Property Distribution – determining your and your spouse’s assets & debts, and whether they were acquired jointly or are one party’s separate property.

·      Separate Property – you may be entitled to receive a separate property credit for funds and assets you had before the marriage. For example: money you inherited; funds you had prior to the marriage and still have and/or contributed to your home; and other assets you owned before the marriage.

·      Order of Protection – if there is child or spousal abuse, this document is issued by a court and signed by a judge to help protect you from harassment or abuse.

·      Mental Health and Addiction Issues – one person’s alcohol or drug dependency, or mental instability that causes mental anguish or endangers the physical or mental well being of the spouse.

·      Prenuptial Agreement. Two parties make this agreement before marrying. They give up future rights to each other’s property in the event of a divorce or death.

·      Postnuptial Agreement. Two parties make this agreement after marrying to define their rights to each other’s property in the event of a divorce or death.

What Should I Be Doing to Prepare for a Divorce?

If you’re contemplating or readying yourself for divorce, here are 6 steps you can take to help you prepare:

1.   Consider the impact on finances. The filing date can have an impact on the value of your assets and therefore property division. This can affect your support and ultimate settlement. Conditional impact on current finances and future prospects must be considered

2.   Gather financial documents including:

·      3 years of tax returns

·      1 year of credit card statements

·      1 year of statements for the account(s) from which all expenses are paid

·      a current statement for all of your assets and liabilities – all bank, investment, retirement accounts and the like & loan statements

·      if there is a separate property claim (assets before your marriage, inheritances, etc.), you should begin the process of gathering documents to support your claim

3.   Be vigilant of your behaviors while your spouse views you “under the microscope” at home – avoid alcohol, don’t allow yourself to be baited into losing your temper, and avoid conflict as much as possible.

4.   Draft a narrative outlining child custody concerns if you anticipate custody will be contested.

5.   Contact an attorney if you have concerns about alcohol or substance abuse. You can get a testing regimen in place and if there is abuse or neglect or domestic violence your attorney can seek immediate relief from the Court – even without a divorce action.

6.   Consult a qualified attorney to learn your rights and responsibilities during the process.

How long do I have to pay spousal support?

The length of your marriage helps the courts to determine how long spousal support will last. Spousal support is also called maintenance--it’s no longer called alimony. For marriages lasting 15 to 20 years, maintenance is expected to last 30% to 40% of the length of the marriage. For marriages lasting more than 20 years, maintenance is expected to last 35% to 50% of the length of the marriage. The amount of spousal support is determined by a formula, based upon each spouse’s income but the Court always has the discretion to deviate from the guidelines if a situation warrants it.

What do I bring with me to the consultation?

You need to bring only one document with you to the Consult. We’ll send you this document, called the Client Information Sheet, in advance of the meeting so you can fill it out. The document will request the basic details we need to start our conversation.

Who will work on my case?

Faith oversees all of her cases for her clients. But because she’s part of the largest matrimonial firm in Westchester County, she also has associates and paralegals who work with her, helping her – and you.

What is an uncontested versus a contested divorce?

Even if it’s a no-fault divorce, you and your spouse need to agree on the terms (like child custody and marital property distribution). If you can agree on all terms, then it’s uncontested. But if you disagree, then it’s contested. 

Uncontested divorce is nearly always the least expensive way to divorce.

My ex and I do not agree on safety precautions for COVID-19. Child visitation disruptions have also been an issue.

Faith Miller will advise you about your rights and responsibilities during this difficult time. She can draft a stipulation for both parents to sign, which obligates both parties to adhere to all current and future guidelines regarding the coronavirus. This important document can clarify what should be done in various scenarios, including if someone tests positive for the virus.

What are the most common aspects of Family Law?

Family Law involves matters affecting non-married couples and individuals as well as married couples. The Family Court, not the Supreme Court, handles these matters including:

·      Custody Issues – In cases where a couple has a child together, but the parents are not married and were never married, there may be issues relating to custody and sharing access with your children.

·      Child Support – This is an ongoing, scheduled financial payment made by one parent to the custodial parent for the financial benefit of the child.

·      Order of Protection This is a restraining order the Court can grant to protect you or your children if there is domestic violence (verbal or physical abuse), harassment, addiction or a mental health issue, in either a marital or non-marital relationship.

·      Adoption – consensual adoptions, stepparent adoptions, international adoptions, foster care adoptions

·      Guardianship – the legal authority to make decisions for another person

·      Paternity – establishing a legal father-child relationship

·      Child Neglect Proceedings – determining whether a child’s parent or guardian is abusive or neglectful; the court may temporarily or permanently remove the child from the parent’s home.

·      Fostering children – a temporary arrangement where an adult cares for a child because the birthparent is unable to care for the child

·      Emancipation. In this court process, a minor is released from the control and support of a parent(s). This child, under 18 years of age, becomes self-supporting, assumes adult responsibility/decision-making, and is no longer under the care of his or her parents.

What is the Timeline for a Standard Divorce?

Some divorce cases resolve in less than a year; other cases can last longer. The timeframe of your divorce depends on the specifics of your case. Factors that lengthen the timeline include:

·      Complex finances

·      Complicated division of property (equitable distribution)

·      Contested custody of children

·      Child support

·      Access schedules

·      Spousal support

·      Mental health or addiction issues

What Happens When I Officially File for Divorce?

Your attorney will file a “Summons With Notice” or a “Summons and Complaint” with the County Clerk’s Office. This action stops the clock financially on the marriage. Both parties will also be subject to the Automatic Orders of the Court, which direct both you and your spouse to continue the “financial status quo.”

What is in the “best interests” of your children and what does “best interests” mean?

Custody is often separated from child support when negotiating a settlement.  NYS law has a guideline formula for determining basic child support for incomes below $154,000.

We often deviate from this formula, depending on the parties’ incomes. Additionally, we review your outline of specific issues and events that you believe impact custody or access.

If you have specific concerns about abuse, you should get before the court as soon as possible to secure an order of protection. If your spouse’s substance abuse is impacting your family, we can assist you to get a testing regimen in place quickly.

How long do I have to pay child support?

New York State law requires parents to support their children financially until they reach age 21 by paying child support. However, if your child is under age 21 and is married, self-supporting, or is in the military, then your child is considered “emancipated” by the state and child support ends.

As far as child custody goes, the details can be discussed in the consult. But a child custody schedule cannot be imposed on any child over age 18 which is the age of legal emancipation.

Do I have to sign anything for the consultation?

When meeting with Faith, you will sign (and send to us) the statement of client’s rights and responsibilities in advance of the meeting. This standard statement outlines the relationship between attorney and client and spells out the basic expectations of both parties. New York State law also requires that we provide you with information on fee arbitration. In the event of a fee dispute between attorney and client, a mediator can work to bring about a resolution quickly and informally.

How much will my divorce cost?

Divorce can be a difficult process and each case presents its own unique issues. Faith Miller will tell you her retainer fee, based on your case, if you decide to retain her but it is impossible to guess what a total fee will be unless your case is uncontested.

As an experienced attorney, Faith understands the financial and emotional toll that divorce and litigation can take on a person. Therefore, she will seek wherever possible to reach fair and just settlements through negotiation and mediation.

I think my spouse has a drug addiction. How can I expedite this divorce?

Contact an attorney if you have concerns about substance abuse—you can get a drug test ordered and an ongoing testing regimen in place. If the concern extends to a child or children, there are effective options for dealing with the problem to keep the children safe.

How can I be sure our property and assets will get divided fairly?

Having an experienced, knowledgeable attorney can make all the difference when dividing property in a couple’s divorce. Out of the two categories of property -- separate and marital — only marital property is usually subject to division. According to New York law, a spouse gets to keep his or her separate property, unless property has not been kept entirely separate or the separate property can’t be proven.

What is a Certified Financial Litigator?

To minimize stresses and blind spots and gain the most successful financial outcome, individuals preparing for divorce can benefit from retaining a family law attorney like Faith with a CFL™ (Certified Financial Litigator) credential.

A CFL™ attorney has a proven track record of improving the efficiency of divorce and maximizing the financial outcome. That’s because this type of attorney has undergone a select education program in the financial aspects of litigation that covers everything from accounting, taxation and investments to valuation, forensics, and compensation. They are also expertly equipped to negotiate or litigate, and known to reduce court time or avoid litigation, while delivering the best possible legal settlement.

What is a COVID Stipulation?

During this time of COVID-19, Faith Miller has recommended to her clients that they implement a written stipulation to ensure the parties abide by all government regulations, thereby providing strong protection for the children’s health and best interests. This stipulation applies to parents currently divorcing as well as those already divorced who have an access schedule in place.

In the COVID-19 stipulation, Faith spells out the government protocols for parents to follow to help protect them and their children from contracting the virus. The protocols address not only parenting time, but the time before and after either parent has access as well as protocols in the event that a close family member tests positive for COVID-19.

Following the advice of the nation’s top health experts, as well as federal and New York State regulations, Faith has advised couples on COVID-19 protocols, especially as they relate to children’s safety. While her protocols are rooted in the original guidelines recommended by the Centers for Disease Control, the stipulation is also versatile enough to adapt to updated guidelines and state laws as New York reopens.

The COVID-19 stipulation Faith recommends and drafts also crafts additional protocols, expanding on the standard recommendations of the Centers for Disease Control and adapting the stipulation to address each family’s unique situation and concerns.

What are the Early Stages of Filing for a Divorce?

1.    Contact an experienced attorney like Faith today to schedule a Consultation.

2. Gather your family’s financial records.

3.    Meet for the Consultation, which generally lasts an hour and covers everything you need to know.

4.    Retain the attorney.

5.    File for divorce.

6.    Serve the Defendant

What Am I Expected to Pay or Receive in the Way of Spousal Support?

If requested by either spouse, New York State law has a guideline formula for setting spousal support for incomes below $192,000; we evaluate deviating from this formula where appropriate.

Sometimes in lieu of spousal support, or “maintenance,” one party may receive a lump sum, tax-deductible payment as part of the settlement. We will discuss your options.