The Colwell Law Group, LLC

Prenups can be tailored to fit the individual needs of a couple. For example, a single parent planning on remarrying might want a premarital contract to protect a child’s inheritance or personal savings. Moreover, a wealthy individual may wish to write an agreement to preserve his or her fortune. Whatever the circumstance, a prenuptial agreement can protect an individual’s assets and simplify property division in a divorce. In some circumstances, a spouse may want to keep a family home or certain premarital business assets separate. Without a prenuptial agreement, the court decides how to divide property according to state law upon either spouse’s death or divorce. A prenup allows couples to keep control of property and choose how to divide assets and debts based on the couple’s unique needs.

When you and your spouse decide you no longer wish to live together as husband and wife, you may file for a divorce or a legal separation. The main difference between the two options is that a legal separation does not dissolve the marriage legally and you cannot remarry until after you are divorced. There are benefits of a legal separation that appeal to those with religious prohibitions against divorce, in situations where health insurance is a major issue, and those uncertain about their future relationship. If you intend to be legally separated in New York, it is important that you and your spouse draw up a separation agreement. This contract details the respective rights and duties of husband and wife and addresses such issues as child custody, support payments, basic living arrangements, distribution of property and all other matters pertaining to the separation. Should you later choose to divorce, your legal separation agreement can form the basis of your divorce settlement agreement.

In New York state, a divorce can take two or three months if the action is uncontested. On the other hand, if it becomes contested, it can take a year, two years or even longer. In very complicated cases where there are substantial assets and appraisals and estimates needed on the valuation of different types of assets, a divorce proceeding can take a lot longer than anticipated.

Joint physical custody allows each parent approximately equal time with the child. New York courts generally favor a joint custody arrangement between both parents. This type of child custody involves sharing both physical and legal custody. While this is certainly not the case for every family, past rulings suggest that many New York courts view joint custody as being in the best interest of the child. However, there are times when New York courts will rule in favor of one parent getting sole custody. Even when this happens, the courts generally try to ensure that the non-custodial parent has the right to frequent visitation unless the court has reason to suspect the child could be in danger.

Typically, the cost will vary depending on several factors. The most important question is whether your divorce is contested or uncontested. This essentially boils down to whether you, and your spouse, have reached an agreement (or can reach an agreement) regarding the distribution of your property, assets, spousal support, and custody of the children. The easier you can agree to these issues – the quicker you’ll get through your divorce proceedings. If you can agree on all of these things, you can save a lot of money on your divorce. Uncontested divorces cost far less money and require little to no court appearances. Contested divorces on the other hand, are more contentious and litigious. Contested divorces are situations where you and your spouse want the court to take an active role in deciding what will happen to your assets, to your children, to your marital support agreement – and frankly everything else. This is very expensive. In this circumstance, attorneys will charge hourly – and fees can range from $300 to $500 an hour. By its very nature, a contested divorce is very costly, and takes much longer.