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Frequently Asked Questions About Divorce

Q: What is a legal divorce?

A: A divorce is the dissolution of a marriage. After divorce, both parties are free to remarry. During typical divorce proceedings, the couple's assets and debts will be divided and the care and custody of any children will be determined. Each state has its own distinct divorce laws.

Q: What are "fault divorce" and "no-fault divorce"?

A: In the past, divorce generally had only been granted on the basis of marital misconduct called "fault": adultery, mental cruelty or another wrongful act. There were also defenses to these faults. In these divorces, the spouse at fault often received a smaller portion of the marital settlement. In a no-fault divorce, the parties merely need to state that the marriage has broken down irretrievably or that the couple has irreconcilable differences. Every state has some form of no-fault divorce, but the particulars of the laws can differ markedly from state to state.

2/3 to 3/4 of divorces are initiated by women

Ostrer Rosenwasser, LLP
Orange County, New York Divorce Lawyers and Child Support Attorneys
Newburgh - New Paltz - Monticello

For experienced and thorough representation in a complex or difficult divorce case, contact the Hudson Valley matrimonial attorneys at Ostrer Rosenwasser, LLP.

Our sophisticated approach to the valuation and distribution of marital assets, particularly for cases involving New York State professional licenses or asset division cases involving marital estates of high value in Orange County or Rockland County, maximizes your ability to protect your interests in a divorce settlement or Family Court decree.

Divorce Overview - The Basics

Contemplating divorce is difficult. Whether or not you are sure you want to end your marriage, it helps to learn the basics of divorce law. Should you conclude that divorce is necessary, it is important to seek the assistance of an experienced family law attorney.

A divorce is a judicial decree by which a valid marriage is dissolved. From a legal standpoint, the divorce process will divide the couple’s assets and debts; determine the future care and custody of their children; and give each person the legal right to marry someone else.

Division of Property

When a couple has little or no marital property, no children and no disagreement on spousal maintenance/alimony, their divorce usually goes very quickly. Most couples, however, have numerous issues to work out during the divorce process. These issues may involve children or significant marital property: personal property, real estate, a family business, large or concealed debts, trusts, real property in other states, joint and separate accounts, investments, insurance, pensions and other assets. In any divorce, especially one involving complex property matters, an experienced family law attorney can offer valuable guidance and advocacy.

Questions to Ask During Divorce

Whether to end your marriage is one of the most important and difficult decisions you will ever encounter. While this is an emotional matter, it is important to approach certain aspects of it with an analytical perspective. This is a decision that should take into account numerous issues. Once you review the following list of questions, you may reconsider your goals — or you may be better prepared to move forward while working with an attorney. Contact an experienced family law attorney to help you along the journey.

Dealing with Divorce

For some, divorce may feel like a liberating new beginning. For most, however, it is not so straightforward. The end of a relationship as important as a marriage brings numerous difficult emotions. Indeed, recovering from a divorce is similar to the grieving process one experiences when a loved one dies. The process typically consists of five stages: shock and denial; anger; ambivalence; depression; and recovery. Not everyone experiences these emotions in the same way or in the same order. You may move in and out of a phase more than once, even experiencing more than one phase at a time. It is a difficult and time-consuming process. Family counselors advise that it may take as long as one or two years to truly recover.

Understanding the process and the feelings you may experience will help you to grieve the relationship. It is important to allow yourself the time you need to recover from the traumatic experience of ending a marriage so that you can move on to the next phase of your life. An experienced family law attorney can provide invaluable advice and support throughout the divorce process.

An Amicable Divorce

Divorce is one of the most emotional experiences you will ever face. The decision to end a marriage is not an easy one, and often it is accompanied by anger, fear and resentment. The negative emotions associated with divorce are responsible for more than hurt feelings; they affect the legal process and its outcome. Most importantly, if children are involved, they can be deeply distressed. It is in your family's interest to approach divorce from an amicable perspective; this can spare you a great deal of time, money and heartache. An experienced family law attorney can help you deal with your situation clearly and objectively.

Divorce Resource Links

Medline Plus: Divorce
National Library of Medicine/National Institutes of Health information on overcoming the stresses and conflicts of divorce.

Divorce Law: An Overview
An overview of divorce law from Cornell University Law School's Legal Information Institute.

IRS: Publication 504 - Divorced or Separated Individuals
Internal Revenue Service (IRS) help for separated or divorced tax filers who have questions about preparing their returns.

IRS: Topic 452 - Alimony Paid
Internal Revenue Service (IRS) document detailing tax treatment of alimony payments.

Facts for Consumers: Credit and Divorce
Federal Trade Commission (FTC) site on how divorce affects credit accounts.

To find out more about our experience and skills in protecting our Hudson Valley matrimonial clients' interests concerning child support, spousal support, and the equitable distribution of the marital estate, call the Orange County, New York, divorce attorneys at Ostrer Rosenwasser, LLP for a free and confidential discussion about your matrimonial issue.

Ostrer Rosenwasser, LLP - Orange County New York Divorce Lawyers

The Hudson Valley Law Firm of Ostrer Rosenwasser, LLP, serves clients with divorce and matrimonial law issues, personal injury plaintiffs, and criminal defendants in New York State, including Chester, Montgomery, Newburgh, Middletown, Kingston, Monticello, Poughkeepsie, Goshen, New City, Wurtsboro, New Paltz, Clarkstown, Ulster County, Sullivan County, Rockland County, Dutchess County, and Orange County, NY.

The Hudson Valley Law Firm of Ostrer Rosenwasser, LLP, represents clients with personal injury, civil and criminal litigation, matrimonial law issues, in both New York State, and Federal Courts including Chester, Montgomery, Newburgh, Middletown, Kingston, Ellenville, Monticello, Poughkeepsie, Goshen, New City, Wurtsboro, New Platz, Ulster County, Sullivan County, Rockland County, Dutchess County and Orange County, NY.

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