Divorce Litigation Guide Part 3: Expenses in Divorce

As an experienced family law attorney in the Long Island, Nassau County and Suffolk County New York area, Mr. Darren Shapiro knows first-hand how complicated it can be for his clients to understand the various nuances of divorce. While Mr. Shapiro’s website and blog has dozens of articles available to help answer your questions before you even get in touch for an initial consultation, this new guide series aims to deliver information faster.

So far, we’ve covered several topics within the realm of divorce litigation with this bullet point series. This particular segment is about the costs incurred within a Nassau County, Queens, Suffolk County or New York divorce case.

Preparing for the Expense of New York Divorce

Mr Shapiro’s clients are often concerned about the costs associated with divorce. Court filing fees alone are usually in the area of $370.00, and there are other fees to consider too, like marital debts and input from other professionals.

• The price of a divorce in New York depends on various factors, including your process. Litigation with an attorney like Mr. Shapiro might be more expensive than mediation, but it can also be the best option when parties can’t negotiate.
• The costs of litigation are uncertain, because it’s difficult to know for sure how long the case will take, how many court appearances are required, how much consulting needs to be done, among other things. The courts now mandate that parties must sit through mediation before beginning litigation. Although mediation might not be the best strategy to address all the issues of a divorce, if some issues can be solved during this time, the litigated case can sometimes move a lot faster.
• Costs in a litigated divorce with Mr. Shapiro can depend on how many discussions are required with different specialists, and how many documents need to be produced for your specific case. An initial consultation with Mr. Shapiro will give you a chance to discuss the factors that might affect the length of your divorce. The Law and Mediation Office of Darren M. Shapiro, PC charges hourly rates for litigation.

Can Agreements Speed Divorces Up?

One factor that often influences the cost of a divorce is how long the process takes. In some cases, Mr. Shapiro and other attorneys can offer strategies that help couples to speed up the divorce process. For instance:

• If you can settle all of the issues that need to be addressed in a divorce with your divorce attorney, then that attorney can draft a stipulation of settlement. Creating this document with Mr. Shapiro makes your divorce uncontested. You can also create partial agreements that minimize the number of issues the courts need to address.
• Prenuptial post marital and separation agreements are also documents that can be crafted with an attorney like Mr. Shapiro. These documents clarify what happens to marital assets when a marriage ends. Most of the time, the New York Courts will uphold prenuptial agreements. However, it is worth being prepared for a situation where the other side may attempt to go against the agreement.
• Prenuptial agreements are often useful in accelerating a divorce process. However, as Mr. Shapiro tells his clients, they can only cover some things, and should not be manifestly unfair to either side. For instance, prenuptial agreements should not address child custody matters and child support restrictions.

Considering Other Financial Issues in New York Divorce

Discussing all of the options available to you in a New York divorce with an attorney like Mr. Shapiro could help you to overcome some of the key issues that often arise when separating from a partner. For instance, a common concern for many couples is how they might deal with an upcoming sale of the marital residence.

• Mr. Shapiro reminds his clients that there are numerous ways to determine what should happen to a marital home in the case of a New York divorce. Courts can award homes to either party in a divorce or require one party receiving the house to pay a share to the other. Usually though, courts tend to order the residence to be put on the market, and the proceeds of a sale divided between both parties if the parties cannot agree on what happens with the residence.
• In certain cases, courts can also defer the sale of marital properties, when agreements aren’t made between both spouses. This can be the case when there are children living in the house, and the courts want to ensure that the children are not overly disrupted by the divorce.
• Mr. Shapiro often finds that if an agreement cannot be made by both parties involved in a divorce case about the family home, the house is usually sold. In this case, the proceeds can be divided often fairly. However, some couples, or one part of a couple may want to avoid selling their home. If this is the case for you, discussing your options with Mr. Shapiro for advice could be helpful. You may be able to come to an agreement with your partner about what will happen to a home in something like a separation or prenuptial agreement.

If you feel uncertain about any of the points that have been addressed in this guide, make sure that you check out the other blogs on this website. On the other hand, Mr. Shapiro is available to answer your specific questions and discuss your case in an initial consultation. Up to the first half hour is free. To find out more, contact Mr. Shapiro’s office to schedule a time to speak using his online contact form on this website, or get in touch, to schedule an appointment over the phone.