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- Barbara J. King, Esq
- Military Divorce
- Filing for Divorce
- The Response
- Temporary Orders
- Reaching a Settlement
- The Trial
- What Should You Do?
A divorce can result from an agreement between the parties or from a trial. An agreement is usually less traumatic for you and your children, and less expensive than a trial. Ultimately, most cases are resolved without a trial.
Filing for Divorce
A divorce begins when a Summons is filed. This document notifies the court and your spouse, once served, that you want the court to end your marriage. It also lists what you are asking for, such as child custody, child visitation, child support, spousal support, property division, attorney’s fees and costs. The person who starts the divorce is called the Plaintiff.
If you are served with a Summons, you must respond promptly (usually 20 days) or you may lose your right to present your side of the case to the court, and the court might give your spouse everything asked for in the Summons. If you are served with papers for divorce you are called the Defendant.
Alimony, now called spousal maintenance, may be awarded based on several factors. The Judge considers the length of the marriage, the relative earning capabilities and education of the parties, whether one person was supported by the other spouse while earning either a specialized degree or license, among other things.
Each party is entitled to financial and other information from the other about the case. The procedure for obtaining that information is called discovery. Discovery may be simple, or time consuming, depending on the complexity of the issues and assets involved.
Reaching a Settlement
Most lawyers and judges agree that it is better to settle a case by agreement and have your own input than to have a trial where a judge makes decisions for you. People are more likely to obey a judgment which is based on their own agreement than one which has been imposed on them by a judge.
For these reasons, – at all times, even up to trial – the parties and their lawyers should continue efforts to negotiate a settlement.
Most courts require the parties and their lawyers to attend a settlement conference in which a judge or their clerk tries to bring about a settlement. It is often very persuasive to hear from the Court how a judge would likely rule if the case went to trial. The decision to settle or not to settle is yours.
If your case does not settle, it will go to trial. At trial you each tell your story to the judge. It is told through your testimony, the testimony of your witnesses, and documents called exhibits.
Trial is likely to be expensive and stressful. Sometimes though, it can be the only alternative when settlement fails. Still, the outcomes of trials are uncertain. Every case is different.
Sometimes, a trial does not end the case. Either party may, within a limited period of time, appeal the Judge’s decision to a higher court. An appeal adds more time and expense to the divorce process.
What Should You Do?
Here are some good rules to follow during the divorce process:
- Try to maintain good relations with your spouse and children.
- Talk to your lawyer during negotiations and before agreeing to a settlement.
- Don’t argue or confront your spouse or children.
- Don’t say anything to others that you wouldn’t want your spouse or the judge to hear.
- Don’t move funds around or spend money unnecessarily without talking to your attorney.
- Keep all financial records or other possible evidence.
- Don’t move or try to hide evidence or assets.
- Keep your perspective, try to stay reasonable, and communicate with your attorney regularly.
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“At an extremely traumatic time for me, Barb King treated me with compassion and comfort. She reassured me she would advocate for me, educated me on my rights, and yet never stirred up acrimony or delayed the proceedings. She was always …
“Barb was very knowledgeable and competent. I am very thankful for what your offices do for me. Thank you” - J.B. on Partner Barbara J. King
“I had a fantastic experience with Barb. She was practical, did not waste time (or fees), and gave blunt, accurate advice. Nobody has a good experience going through a divorce, but having Barb as an advisor makes for a much …
Tully Rinckey PLLC family and matrimonial attorney Barbara King, Esq., answered listener questions on WGNA’s “Ask the Lawyer.” Ms. King provides insight on a multitude of divorce questions including social security benefits, filing divorce papers when a spouse cannot be …
Tully Rinckey PLLC matrimonial and family attorney Barb King, Esq., answered listener questions on WGNA’s “Ask the Lawyer.” Ms. King provides insight on divorce and child support questions.
Tully Rinckey PLLC family and matrimonial attorney Barbara King, Esq., answered listener questions on WGNA’s “Ask the Lawyer.” Ms. King provides insight on property distribution and general divorce questions.
By Mathew B. Tully Question: I’m divorced and own a restaurant. My business is still reeling from a horrible winter and I’m having trouble meeting my child support obligations. At what point does a decline in business merit lower child …
School will be out soon and the children couldn’t be happier. Summer schedules, however, present many challenges for divorced or separated parents who now have children home 24/7 and need to rearrange custodial access schedules. With fewer stay-at-home parents these …
With so many second marriages forming these days, the “blended family” has become a common event. The term refers to families that bring together children from prior marriages or relationships, to live in one household together. Over time, the bond …
New York State Bar Association: Matrimonial Trial Institute IV: A Mock Financial Trial – December 6, 2013
Presenter: Barbara J. King Date: Friday, December 6, 2013 Time: 8:30 AM – 4:10 PM MCLE Credits: 6.5 Skills for all attorneys Location: New York State Nurses Association 11 Cornell Road Latham, New York 12210 Tully Rinckey PLLC partner Barbara …
Presenter: Jennifer J. Corcoran, Esq. Date: December 17, 2013 Time: 6:00-7:00 p.m. Skills: 1 CLE Credit Hour Unable to join us in Albany? Join us online via webconference. *Please note that newly admitted attorneys (attorneys admitted two years or less) …
Presenter: Jennifer J. Corcoran, Esq. Date: December 17, 2013 Time: 7:00-8:00 p.m. Skills: 1 CLE Credit Hour Unable to join us in Albany? Join us online via webconference. *Please note that newly admitted attorneys (attorneys admitted two years or less) …