Divorce FAQs

Divorce FAQs

Frequently Asked Questions About Divorce

Divorce is a significant period of change. Having many questions and concerns about the process and your future is natural. Collectively, the talented team of family law attorneys at Adria S. Hillman, Attorney at Law, P.C., have practiced law for more than 100 years. As a result, we can provide the important information you need to know about divorce.

How Long Does a Complex Divorce Take?

A complex divorce involving significant assets, child custody issues, or disputes over alimony or child support can take just a few months to even years to resolve. The more challenges that must be resolved, the longer the divorce process will likely take.

It is essential to remember that the duration of a divorce also depends on the legal process in the jurisdiction where the divorce is taking place. For example, some jurisdictions require mandatory waiting periods, mediation, or other requirements that can add to the length of the process.

Are International Divorces Different From Local, Domestic Divorces?

Yes, international divorces can differ significantly from local or domestic divorces, as they involve legal and logistical complexities not present in domestic divorces.

The main difference is that international divorces involve applying multiple legal systems. When a couple from different countries decides to divorce, they will need to navigate the legal systems of both countries to resolve issues such as property division, child custody, and support. This can be a complex, time-consuming process, as the laws of different countries can vary significantly.

Another vital factor to consider is the enforcement of court orders. If one party lives in a different country, enforcing a court order for things like child support or visitation may be difficult. In addition, if the couple owns property in multiple countries, dividing the assets and determining the appropriate jurisdiction for each issue can be challenging.

International divorces also require significant logistical planning, as parties may need to travel to different countries to attend hearings or meet with lawyers. In addition, language and cultural differences can add a layer of complexity to the divorce process.

How Can I Save Money During a Divorce?

Divorcing in New York can be expensive if extensive litigation is necessary. While certain expenses are generally obligatory, such as court fees and the costs of separate households, many divorcing couples can minimize costs through collaborative family law.

As an alternative to long adversarial court sessions, you and your spouse can agree to negotiate the terms of your divorce. Collaborative divorce often costs less overall than litigation, and it allows you to have more control over the outcomes of the divorce.

What Is Equitable Distribution?

When a couple goes through the divorce process, they need to divide their marital assets. In a collaborative divorce, both parties can negotiate to keep the assets they want the most. In a litigated divorce, the court decides which party keeps each asset according to equitable distribution.

Equitable distribution means that each party receives a fair share of their marital assets, but the value of these assets may not be equal to that of the other party. In addition, the circumstances of each party will influence which assets they receive. For example, if one parent has sole custody of their child, the court may be likely to award that parent the childhood home, toys, or baby items.

How Do Divorcing Spouses Divide a Business?

Business owners have unique considerations in divorce. Because a business is typically a complex and high-value asset, it is important to seek thorough legal counsel.

If your former spouse co-owns the business, you can choose to sell the business to divide its value, continue to own the business together, or buy out the other party’s stake. Even if your former spouse does not have formal ownership, there may be circumstances in which they could claim a portion of the business’ value.

How Should I Choose an Attorney For My Divorce Case?

Your divorce attorney should be experienced, trustworthy, and committed to your individual goals. At Adria S. Hillman, Attorney at Law, P.C., in Manhattan, we uphold these values and give every client the personal attention they deserve. Call 212-593-5223 or email us to see if we may be a good match for your case.

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