Separation Agreements
Separation Agreements need to be artfully drafted. Each sentence should be carefully selected. There are certain errors or omissions that can be fatal to the document’s survival. It is highly recommended that these types of agreements are drafted by or at least reviewed by an attorney. The risk of not doing so, regardless of the cost, is too great. In the last couple of days, we have seen an increased number of clients who have attempted to draft their own agreements and have come to our firm to fix them. This ends up costing more money in the long run.
We are aware that there are certain online programs that can assist you in drafting these agreements thru a data entry interface. These programs are very general and not capable of adjusting to the unique intricacies of your particular situation. Although these interfaces may be capable of pumping out a Separation Agreement in minutes, the quality is certainly declined. The validity and effectiveness of the resulting agreement is going to be questionable at best.
I understand that the economy is currently struggling and funds are hard to come by. We see it here just like every other type of business. There are certain things that need to be done correctly however. Taking shortcuts will only result in a longer and more expensive road later. So if you feel that a Separation Agreement is important to you and you would like to feel comfortable that the terms will hold up in the event that they are ever challenged; then you should seek the assistance of an attorney to draft it for you. As always, if you have any questions about Separation Agreements or Divorce in general please call (516) 858-2620 to speak with a Family Law Attorney!
Divorce vs. Separation Agreement
The difficult decision between divorce vs. separation agreement is not easy to make. Many people who are interested in terminating their marital relationship are unclear about the method of doing so. They ponder whether or not they should file for divorce or simply discuss a separation agreement with their spouse. The truth is that each case is different and what may be the best thing for you may not be the best thing for someone else. This is because some couples have severe communication difficulties which makes it nearly impossible to negotiate a separation agreement. Hiring legal counsel to negotiate these agreements may help to resolve important issues more expeditiously. Attorneys may not always be able to help the couple work out their issues however. In these cases, filing for divorce may be the only realistic way of terminating a marriage. As always, you should consult with an attorney to discuss your options in detail before making any decision on which method of matrimonial termination is best for you.
Long Island Divorce Attorneys
If you are unsure about how to terminate your marriage and you have questions, please feel free to contact us today to speak with a family lawyer at (516) 858-2620!
Uncontested Divorce
In the past few months we have received a lot of phone calls from people who either attempted to file their own uncontested divorce or hired the cheapest attorney they could find to file their uncontested divorce for them. Unfortunately, these folks have found out the hard way, that mistakes in the paperwork or the filings of these uncontested types of divorce can lead to serious delays and stress. Although an uncontested divorce is not as technically challenging as a contested divorce may be, it should still be taken seriously. An uncontested divorce controls the manner in which a marriage is dissolved. Issues of child custody, child support, maintenance, and property distribution are all at stake when these divorce papers are prepared and filed. It is very important that you find a competent professional to prepare and file your divorce. Saving several months time and a lot of money that it takes to fix mistakes in the divorce process is well worth the slightly higher cost that you may pay. As always, if you have any questions or concerns, feel free to contact the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620!
No Fault Divorce
No fault divorce in New York ?
With a bill pending that would allow New Yorkers to obtain a divorce under “No Fault” grounds, our office has been receiving some questions. I hope that this can clear some of those questions up for people. The bill would allow parties to terminate their marriage without meeting the requirements of the six traditional grounds for divorce in the New York Domestic Relations Law section 170. “No Fault” divorce therefore, in essence eliminates the issue of grounds from litigation. It is unquestionable that this does make it easier to obtain a divorce in New York. It is however, not as easy as it sounds. All other issues must be worked out or determined before a successful “No Fault” divorce can be granted. Therefore, maintenance issues (which also have a pending change forthcoming), child custody, visitation, child support, equitable distribution of property, etc., must all be resolved through traditional means.
Since grounds for which a divorce may be obtained are litigated on a lesser level than other matrimonial issues in the first place, this new development does not make things as easy as it sounds. When it does take effect however, New Yorkers will no longer be considered a “difficult” state to end a marriage due to the lack of “Irreconcilable Differences” as a ground.
If you have any further questions about this new development in New York Law, please feel free to contact the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 today!
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