 |
Home
::
Practice Areas ::
Practice Family & Matrimonial Law ::
Divorce Separation
:: Pre-Divorce |
 |
 |
 |
 |
|
Pre-Divorce |
 |
 |
 |
 |
| |
 |
 |
 |
| |
 |
 |
 |
| |
Many people think a
divorce will solve
all their problems.
It is important to
realize that a
divorce is simply
the legal
termination of
marriage.
The real divorce involves recreating your life
emotionally, physically, financially and
mentally. Our attorneys can help guide you
through this period by offering legal and
practical advice. Working together with your
attorneys, you will gain a better understanding
of 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.
Financial Planning
Financially it is important to get your papers
in order. Critical papers include tax returns,
pay stubs, bank and credit card statements,
pensions plans, health & life insurance and
other benefits you and your spouse are entitled
to, and copies of mortgages and deeds. It may be
helpful to keep track of major purchases and
assets acquired during the marriage. It is
recommended to establish your own credit and
open a separate bank account. It is important
that you maintain your financial independence by
not quitting your job and keeping your documents
secure.
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 as possible with them 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.
Terminology
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 can
not 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 quicker and with less
hassle that 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 our matrimonial attorneys
at:
(518) DIVORCE
(348-6723) or email at
Divorce@tullylegal.com. |
|
 |
 |
 |
|
|
|
 |
 |
 |
|
|
|
 |
 |
 |
|
|
|
 |
 |
 |
 |
|
Tully, Rinckey & Associates, PLLC
Attorneys & Counselors at Law
ALBANY OFFICE
-
441 NEW KARNER ROAD
- ALBANY NY,
12205 - PHONE:
518-218-7100
- FAX:
518-218-0496
® © 2006
Tully, Rinckey and Associates, PLLC
website
design by:
Newkey
Media Solutions, LLC |