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Divorce involves recreating your life emotionally and financially. Our attorneys can help guide you through this difficult period by offering legal and practical advice. Working together with your attorney, you will gain a better understanding of the law, your rights, and how to reach your goals.
Before taking any legal action, make a detailed, specific list of everything you want to achieve through the divorce or separation, consistent with your financial security, your children’s best interests and your life goals.
It is important to get your financial papers in order. Critical papers include tax returns, pay stubs, bank and credit card statements, pension plan documents, health and life insurance policies, and copies of mortgages and deeds. It may be helpful to keep track of major purchases and assets acquired during the marriage. It is often recommended that you establish your own credit and open a separate bank account. It is important that you establish and maintain financial independence.
Planning with Children
If you have children, this time can be especially trying. It is important to give your children emotional support and maintain the continuity in their lives. If you want to have child custody, do not move out of your family residence without the children before asking your divorce attorney. Take care of your children by spending as much time with them as possible and be truthful and honest. Remember that the divorce is your problem, not the children’s.
Mental and Emotional Planning
Remember to focus on your life goals beyond divorce. Many people will postpone a divorce because of the fear of uncertainty. Emotional endurance and balance are important to lead you through this difficult time. It is helpful to get strong emotional support and encouragement from trusted friends, family, spiritual advisors or health care professionals. There are many books and materials written about divorce that can help with the emotional part of the process. However, each state has different laws, rules, regulations and procedures when it comes to the legal aspects of divorce. Therefore, it is best to leave the legal aspects to a qualified attorney.
The terms Divorce, Separation, Legal Separation and Annulment are often used interchangeably but have very different legal implications.
- In a divorce, the New York State Supreme Court declares a marriage to be dissolved.
- In a separation agreement, two parties agree to specified terms on how they will no longer be actively involved in a marital relationship but are still legally married.
- A legal separation goes a step further and has the backing of a court judgment.
- An annulment declares a marriage contract null and void. In other words, it is as if the marriage had never taken place. Annulments are difficult to obtain and generally always require the assistance of an attorney. If you want to obtain an annulment for religious reasons, it is also important to consult your religious advisor.
- In New York, you cannot simply disinherit your spouse to end the marriage.
- Divorce is never easy, but with the assistance of a knowledgeable attorney, it is likely that a resolution will occur more quickly and with less hassle than if you were to proceed on your own. We are here to guide you every step of the way. If you are interested in finding out more about our services or ready to get started with the legal process, please call one of the matrimonial lawyers at Tully Rinckey.
The most popular City / Village / Town Courts our lawyers serve:
Albany, Altamont, Amsterdam, Berne, Bethlehem, Brunswick, Clifton Park, Cohoes, Colonie, Coeymans, Delaware, Duanesburg, East Greenbush, Fulton, Glens Falls, Glenville, Gloversville, Grafton, Greene, Guilderland, Hoosick, Hudson, Johnstown, Malta, Mechanicville, Menands, Montgomery, Nassau, New Scotland, Rensselaer, Rensselaerville, Rotterdam, Saratoga, Schenectady, Schoharie, Schodack, Scotia, Troy, Ulster, Voorheesville, Warren, Washington, Watervliet
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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) …