This question is asked at virtually every consultation with a new client. For some reason, people seem to underestimate how long the divorce process will take.
Clients are always surprised to hear that even the simplest, easiest, friendliest, "no fault" "out-of-court" divorce can take several months.
This is due to the fact that even after you reach a settlement, it takes the court system a long time to process the paperwork and finalize the decree. Depending on the venue of the filing, the processing time can take between 3 months and 8 months.
A divorce is a marathon, not a sprint.
If you and your spouse do not see eye-to-eye on the issues of child custody and support, your divorce will take closer to one year to get resolved. (This is due to the lengthier negotiations that these issues often entail.)
If your case involves the issue of spousal support, or the valuation of a business, your divorce will take, on average, up to two years. (This is due court proceedings, valuations and experts, which complicate and lengthen the timeline of the case.)
A contested custody case can also take up to two years.
In general, the longer the case takes, the more it will cost.
Keep these time frames into account and pace yourself accordingly.
For a free consultation, contact Jacqueline Harounian at Jackie@lawjaw.com.
Showing posts with label custody. Show all posts
Showing posts with label custody. Show all posts
Wednesday, July 22, 2015
Thursday, July 15, 2010
Welcome to my blog!
Today is the first launch of my blog, Lady Lawyer. I hope that this blog will become a resource for law students, working moms and other "lady lawyers" (or those of you who aspire to join the ranks.) I would love to hear from you, and hopefully, can offer up some advice and guidance.
A little about me: I am a partner in a leading matrimonial and family law firm in Great Neck, New York. I have been practicing law for almost 17 years, since 1994. I have been married for 20 years, to my saint of a spouse, Maurice, and we have four children, ranging in age from 5 to 18. My firm, Wisselman, Harounian & Associates, P.C. is recognized as a top firm specializing in the very complicated area of divorce and family law. Please visit my firm's website www.lawjaw.com for tons of information about New York Family Law, including articles, resources, and links.
I have worked very hard to get where I am, and I have had some lucky breaks along the way. That's all for now. In the weeks to come, I hope to add a lot of info about family law, work-life balance, and anecdotes about a day in the life as a lady lawyer.
A little about me: I am a partner in a leading matrimonial and family law firm in Great Neck, New York. I have been practicing law for almost 17 years, since 1994. I have been married for 20 years, to my saint of a spouse, Maurice, and we have four children, ranging in age from 5 to 18. My firm, Wisselman, Harounian & Associates, P.C. is recognized as a top firm specializing in the very complicated area of divorce and family law. Please visit my firm's website www.lawjaw.com for tons of information about New York Family Law, including articles, resources, and links.
I have worked very hard to get where I am, and I have had some lucky breaks along the way. That's all for now. In the weeks to come, I hope to add a lot of info about family law, work-life balance, and anecdotes about a day in the life as a lady lawyer.
The Smart Divorce
THE SMART DIVORCE
"It is Possible to Save Money in New York Divorce Court"
New York State may be the most expensive place on the planet to get divorced. This can be attributed to New York being the only remaining state still requiring grounds for divorce, or the fact that New York’s custody laws seem to encourage litigation, or the fact that licenses and degrees are classified as marital assets, which promotes even more litigation.
It is possible, however for many couples to have an affordable, reasonable, even amicable divorce settlement, which I call the "Smart Divorce".
The Smart Divorce should be the goal for every couple facing the end of their marriage in today’s economic climate. In every net worth category and income level, families today are faced with declining home equity, shrinking 401k investments and depleting college savings. They are faced with job losses, loss of overtime income, and looming credit card debts. Just about everyone should be concerned about saving money and assets during a divorce.
There are some conditions necessary in order to have a successful "Smart Divorce":
The most important one is a commitment by both parties to give their full efforts to negotiate out of court settlement with the assistance of their attorneys. Litigation should never be an initial strategy, but a last resort. Grounds for divorce should be agreed to from the outset.
Secondly, parties should devote their efforts to reaching a custody and visitation agreement which provides the least disruption to the children. Joint custody and joint parenting should be explored. With most households having two working parents, shared parenting is often in the best interests of the children, and attorneys can help their clients create a customized schedule to meet the needs of the whole family.
As to financial issues, it is extremely important for parties to be realistic about their expectations, and to follow the advice of their attorneys. This includes being up front about assets and income, and producing necessary documentation in a timely manner. With fewer resources at their disposal and a gloomy economic forecast, "lifestyle" expenses such as vacations, private schools, private tutors and camps must be looked at carefully and with a view to compromise. It is important to realize that many issues related to the children, including support and visitation are not "written in stone", but may in fact be modifiable in Court after the divorce is settled, based upon a change of circumstances. An experienced attorney can guide you on issues which concern you.
Regrettably, in some cases, an amicably settled divorce is simply not possible and litigation cannot be avoided. These include cases where there is abuse, domestic violence, mental illness, drug and alcohol issues, hidden assets or income, paternity issues, a family business, or separate property issues. It is also a challenge to settle a case when one party has completely unrealistic demands, anger, or a vindictive streak that gets in the way of negotiations.
"It is Possible to Save Money in New York Divorce Court"
New York State may be the most expensive place on the planet to get divorced. This can be attributed to New York being the only remaining state still requiring grounds for divorce, or the fact that New York’s custody laws seem to encourage litigation, or the fact that licenses and degrees are classified as marital assets, which promotes even more litigation.
It is possible, however for many couples to have an affordable, reasonable, even amicable divorce settlement, which I call the "Smart Divorce".
The Smart Divorce should be the goal for every couple facing the end of their marriage in today’s economic climate. In every net worth category and income level, families today are faced with declining home equity, shrinking 401k investments and depleting college savings. They are faced with job losses, loss of overtime income, and looming credit card debts. Just about everyone should be concerned about saving money and assets during a divorce.
There are some conditions necessary in order to have a successful "Smart Divorce":
The most important one is a commitment by both parties to give their full efforts to negotiate out of court settlement with the assistance of their attorneys. Litigation should never be an initial strategy, but a last resort. Grounds for divorce should be agreed to from the outset.
Secondly, parties should devote their efforts to reaching a custody and visitation agreement which provides the least disruption to the children. Joint custody and joint parenting should be explored. With most households having two working parents, shared parenting is often in the best interests of the children, and attorneys can help their clients create a customized schedule to meet the needs of the whole family.
As to financial issues, it is extremely important for parties to be realistic about their expectations, and to follow the advice of their attorneys. This includes being up front about assets and income, and producing necessary documentation in a timely manner. With fewer resources at their disposal and a gloomy economic forecast, "lifestyle" expenses such as vacations, private schools, private tutors and camps must be looked at carefully and with a view to compromise. It is important to realize that many issues related to the children, including support and visitation are not "written in stone", but may in fact be modifiable in Court after the divorce is settled, based upon a change of circumstances. An experienced attorney can guide you on issues which concern you.
Regrettably, in some cases, an amicably settled divorce is simply not possible and litigation cannot be avoided. These include cases where there is abuse, domestic violence, mental illness, drug and alcohol issues, hidden assets or income, paternity issues, a family business, or separate property issues. It is also a challenge to settle a case when one party has completely unrealistic demands, anger, or a vindictive streak that gets in the way of negotiations.
How to Lose a Custody Case in 7 Easy Steps
HOW TO LOSE A CUSTODY CASE IN 7 EASY STEPS
by Jacqueline Harounian, Esq.
As a matrimonial law attorney who regularly represents mothers and fathers in contested divorce trials, I have very some straight forward advice for parents going through divorce, and who are contemplating a custody action.
From the outset, it is important for mothers and fathers to recognize that married parents of minor children start out with joint custody rights. This means that both parents have equal rights to their children, and the same right to pursue custody of their children in their divorce case. In a world where many households contain two working parents, and many fathers have an active role in raising their children, the presumption that mothers will automatically get custody no longer exists. In fact, statistics show that fathers who seek custody of their children, are awarded custody 50% of the time. Custody laws are gender neutral, and this means that when the facts of a given case are applied to the governing law, a court may determine that it is in the best interests of the child to live primarily with the father, not the mother.
Now, here is a list of the seven most common pitfalls of parties going through custody actions. If you want to lose your custody case, here is the way to do it. If you want to win custody, steer clear of the following:
Not being the primary caretaker:
In most households, one parent is most responsible for caring for the children’s basic needs -- the so called primary caretaker. The parent who is the most involved in the children’s daily lives usually has the edge in a custody case. Therefore, if you are not putting in the time to do homework with your child, feeding, bathing, reading, taking him or her to the bus stop, you are at a disadvantage in a custody case. There is no better way to lose custody than to demonstrate to a judge that you are simply not involved in raising your child.
Not being active in your child’s schedule and activities:
Do you know the names of your child’s teachers? Have you ever supervised your child on a playdate or taken your child to the doctor? Do you regularly attend school conferences and school events? If the answer to these is "no", then it is an indication that someone else (i.e. the other parent) is the primary caretaker, not you.
Alcohol, drugs, or other "parental fitness" issues:
A parent who even casually partakes in alcohol and/or drugs will have a problem in winning custody. Most judges will take allegations of substance abuse seriously, and these allegations will be investigated thoroughly via random testing, psychological evaluations, and interviews. If you have an issue with substance abuse, then seek treatment for it immediately. If you are the perpetrator of domestic violence or abuse (which often goes hand in hand with alcohol use), this also pretty much guarantees that you will lose custody.
Leaving a paper trail that will hang you in Court:
Thanks to new technology, virtually every custody trial features the submission of evidence that can be used to portray the other parent in a very damaging light. Sometimes the evidence can make or break the custody case. The evidence can include text messages, photos and negative emails. Also potentially harmful are video and voice mail recordings (a la Alec Baldwin). If you are prone to sending impulsive emails and texts, ranting and raving at the other parent, third parties, or your own child, you are at risk of losing custody.
Disparaging the other parent.
Judges tend to look favorably upon a parent who demonstrates that he/she supports the child’s relationship with the other parent. A parent who is constantly denigrating the other parent, "leaking" anger, and negatively influencing the child’s relationship with the noncustodial parent will be reprimanded. In extreme cases, there will allegations of parental alienation and interference with parenting time. Many judges will consider a change of custody if this type of interference is shown. Bottom line: if you want to show the Judge that you will promote the best interests of your child, then you need to show that you recognize the value of the child’s relationship with your ex, and will take the steps to encourage that relationship. Of course, when you are going through an adversarial proceeding with someone you don’t like very much, it can be very hard to put those feelings aside for the sake of your child. But that is exactly what you need to do if you want to prevail in your case.
Showing lack of control:
It is critical to consistently act with good judgment and self control if you want to win custody. A parent who regularly loses control, and who cannot control his/her anger will be at a disadvantage. I have handled many cases where a litigant will lose control right in the courtroom, in front of the Judge. An angry outburst in court will be remembered. Similarly, a parent who "acts out" in front of the child’s attorney, social workers, teachers, neighbors, etc. will find himself confronted with a lot of negative testimony and evidence at trial. This is where the voice mails and emails also come into play. If you are serious about winning custody, then you must exhibit self control and put your child’s needs first. Going through a divorce is a difficult, emotional process. A custody case raises the stakes considerably. If necessary, seek counseling to get your anger under control. At the very least, taking this step will likely lead to improved relationships with your ex, other third parties, family members, and your child.
Failing to follow your attorney’s advice:
Going through a divorce and/or custody proceeding is one of the most stressful experiences there is. Whether you are seeking primary custody of your children, joint decision making, or a customized parenting plan, your goal should be to survive the process while protecting your rights to your most valuable asset -- your children. It is critical that you seek out the advice of an experienced family law attorney, who has handled contested custody trials (not the attorney who did the closing on your house, or the lawyer who charges the lowest retainer to do an uncontested divorce.) With an experienced advocate by your side, you can avoid making the mistakes outlined above, and you can be successful in your custody case.
WISSELMAN, HAROUNIAN & ASSOCIATES, P.C., 1010 Northern Boulevard; Suite 300,
Great Neck, New York 11021 Tel: (516) 773-8300 Email: jackie@lawjaw.com
by Jacqueline Harounian, Esq.
As a matrimonial law attorney who regularly represents mothers and fathers in contested divorce trials, I have very some straight forward advice for parents going through divorce, and who are contemplating a custody action.
From the outset, it is important for mothers and fathers to recognize that married parents of minor children start out with joint custody rights. This means that both parents have equal rights to their children, and the same right to pursue custody of their children in their divorce case. In a world where many households contain two working parents, and many fathers have an active role in raising their children, the presumption that mothers will automatically get custody no longer exists. In fact, statistics show that fathers who seek custody of their children, are awarded custody 50% of the time. Custody laws are gender neutral, and this means that when the facts of a given case are applied to the governing law, a court may determine that it is in the best interests of the child to live primarily with the father, not the mother.
Now, here is a list of the seven most common pitfalls of parties going through custody actions. If you want to lose your custody case, here is the way to do it. If you want to win custody, steer clear of the following:
Not being the primary caretaker:
In most households, one parent is most responsible for caring for the children’s basic needs -- the so called primary caretaker. The parent who is the most involved in the children’s daily lives usually has the edge in a custody case. Therefore, if you are not putting in the time to do homework with your child, feeding, bathing, reading, taking him or her to the bus stop, you are at a disadvantage in a custody case. There is no better way to lose custody than to demonstrate to a judge that you are simply not involved in raising your child.
Not being active in your child’s schedule and activities:
Do you know the names of your child’s teachers? Have you ever supervised your child on a playdate or taken your child to the doctor? Do you regularly attend school conferences and school events? If the answer to these is "no", then it is an indication that someone else (i.e. the other parent) is the primary caretaker, not you.
Alcohol, drugs, or other "parental fitness" issues:
A parent who even casually partakes in alcohol and/or drugs will have a problem in winning custody. Most judges will take allegations of substance abuse seriously, and these allegations will be investigated thoroughly via random testing, psychological evaluations, and interviews. If you have an issue with substance abuse, then seek treatment for it immediately. If you are the perpetrator of domestic violence or abuse (which often goes hand in hand with alcohol use), this also pretty much guarantees that you will lose custody.
Leaving a paper trail that will hang you in Court:
Thanks to new technology, virtually every custody trial features the submission of evidence that can be used to portray the other parent in a very damaging light. Sometimes the evidence can make or break the custody case. The evidence can include text messages, photos and negative emails. Also potentially harmful are video and voice mail recordings (a la Alec Baldwin). If you are prone to sending impulsive emails and texts, ranting and raving at the other parent, third parties, or your own child, you are at risk of losing custody.
Disparaging the other parent.
Judges tend to look favorably upon a parent who demonstrates that he/she supports the child’s relationship with the other parent. A parent who is constantly denigrating the other parent, "leaking" anger, and negatively influencing the child’s relationship with the noncustodial parent will be reprimanded. In extreme cases, there will allegations of parental alienation and interference with parenting time. Many judges will consider a change of custody if this type of interference is shown. Bottom line: if you want to show the Judge that you will promote the best interests of your child, then you need to show that you recognize the value of the child’s relationship with your ex, and will take the steps to encourage that relationship. Of course, when you are going through an adversarial proceeding with someone you don’t like very much, it can be very hard to put those feelings aside for the sake of your child. But that is exactly what you need to do if you want to prevail in your case.
Showing lack of control:
It is critical to consistently act with good judgment and self control if you want to win custody. A parent who regularly loses control, and who cannot control his/her anger will be at a disadvantage. I have handled many cases where a litigant will lose control right in the courtroom, in front of the Judge. An angry outburst in court will be remembered. Similarly, a parent who "acts out" in front of the child’s attorney, social workers, teachers, neighbors, etc. will find himself confronted with a lot of negative testimony and evidence at trial. This is where the voice mails and emails also come into play. If you are serious about winning custody, then you must exhibit self control and put your child’s needs first. Going through a divorce is a difficult, emotional process. A custody case raises the stakes considerably. If necessary, seek counseling to get your anger under control. At the very least, taking this step will likely lead to improved relationships with your ex, other third parties, family members, and your child.
Failing to follow your attorney’s advice:
Going through a divorce and/or custody proceeding is one of the most stressful experiences there is. Whether you are seeking primary custody of your children, joint decision making, or a customized parenting plan, your goal should be to survive the process while protecting your rights to your most valuable asset -- your children. It is critical that you seek out the advice of an experienced family law attorney, who has handled contested custody trials (not the attorney who did the closing on your house, or the lawyer who charges the lowest retainer to do an uncontested divorce.) With an experienced advocate by your side, you can avoid making the mistakes outlined above, and you can be successful in your custody case.
WISSELMAN, HAROUNIAN & ASSOCIATES, P.C., 1010 Northern Boulevard; Suite 300,
Great Neck, New York 11021 Tel: (516) 773-8300 Email: jackie@lawjaw.com
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