Saratoga Divorce Lawyers

Saratoga Divorce Lawyers – A Helpful Guide

Going through a divorce can be an incredibly difficult and emotional time. Making big decisions about your future when you are feeling hurt or angry is hard. Having an experienced divorce lawyer on your side can make the process smoother. The divorce lawyers at firms in Saratoga County, NY can provide the expertise and support you need during this challenging transitional period.

In this article, we’ll walk through some of the key things to know about the divorce process in Saratoga County. We’ll talk about common issues that come up like child custody, spousal support, and property division. We’ll also discuss how an attorney can help with negotiation and mediation. Our goal is to provide a helpful overview so you can make informed decisions about your case.

How a Saratoga Divorce Lawyer Can Help

Going through a divorce without a lawyer can be extremely difficult. There are many complex legal issues to understand. A divorce lawyer can help in the following ways:

• Provide expert advice on laws and legal strategy
• Negotiate with your spouse or their attorney
• Navigate complex paperwork and filings
• Represent you in court
• Work with other professionals like accountants
• Help determine fair settlements
• Suggest alternatives like mediation

Having an advocate on your side can help reduce stress and ensure your rights are protected. Divorce lawyers have seen hundreds of cases so they know what strategies work best. With legal expertise and objectivity, a lawyer can guide you to a fair outcome.

How to Choose the Right Divorce Lawyer in Saratoga County

It’s important to do your research to find the right divorce lawyer for your situation. Here are some tips:

• Ask people you trust for referrals
• Search lawyer directories like Avvo
• Look for lawyers with expertise in family law
• Choose a local lawyer familiar with Saratoga courts
• Find someone who is a good listener and supportive
• Pick a lawyer with experience handling cases like yours
• Understand fee structures and choose one in your budget
• Meet with lawyers before deciding – many offer free consultations

Take time to understand a lawyer’s background, skills and pricing so you can make the best choice.

Steps in the Saratoga Divorce Process

While every divorce is unique, they tend to follow a similar legal process including:

1. Filing the divorce petition – This formally starts the process. The petition establishes grounds for divorce and states requests on issues like asset division and child custody.
2. Temporary orders hearing – The court may issue temporary orders establishing arrangements for during the divorce process, like temporary spousal/child support.
3. Discovery – You and your spouse exchange financial documents and other information relevant to the case.
4. Settlement negotiations – You, your spouse, and lawyers work to negotiate a settlement you both agree on.
5. Mediation – A neutral third-party mediator may help you and your spouse reach agreement on areas of dispute.
6. Trial – If you can’t agree, the judge hears arguments and makes the final decisions at trial.
7. Final judgement – The court finalizes the divorce and issues final orders on custody, support, assets, etc.

The process takes 9-12 months on average but can vary. Having a lawyer to guide you through the required procedures and represent your interests in settlement negotiations is crucial.

Understanding Child Custody in Saratoga Divorces

Child custody is often one of the most difficult issues for divorcing parents. Custody involves both physical custody (where the child lives) and legal custody (decision-making authority). Some common arrangements include:

• Joint custody – Both parents share decision-making and residential time.
• Sole custody to one parent – One parent has sole authority and the child lives with them full-time.
• Split custody – Each parent has full custody of one or more children.
• Bird’s nest custody – The child stays in the family home and parents rotate in and out.

Courts determine custody based on the child’s best interests. Factors considered include the child’s relationship with each parent, ability to provide stability, and the parents’ willingness to cooperate. Lawyers can help clients negotiate reasonable custody arrangements and provide evidence supporting their client’s position if the case goes to trial.

Understanding Spousal Support (Alimony) in Saratoga

Spousal support, or alimony, provides financial support from one spouse to the other after divorce. The court determines alimony based on factors like:

• Length of the marriage
• Each spouse’s income and financial needs
• Health and employability of each spouse
• Standard of living during marriage
• Tax implications

Types of alimony include:

• Temporary alimony – Support during the divorce process
• Rehabilitative alimony – Temporary payments to cover education or training
• Permanent alimony – Ongoing support after divorce
• Reimbursement alimony – Repayment for supporting spouse through education

An experienced lawyer can advise on reasonable support amounts and negotiate or litigate to protect your interests.

Dividing Assets and Debts

The court will order a fair division of marital property through equitable distribution. Marital property generally includes assets acquired during marriage. Separate property that belonged to one spouse prior to marriage is not divided. Some other key factors include:

• Both spouses’ contributions to acquiring assets
• Increases or decreases in asset value during marriage
• Tax consequences of property division
• Custody arrangements if assets include a family home

Marital debts are also divided. A lawyer can help gather financial documentation, assess property values, and negotiate an equitable settlement.

Alternatives to Litigation like Mediation

In mediation, you work with your spouse and a neutral third party to mutually agree on divorce terms. Mediation can be faster, less expensive, and more amicable than litigation. Lawyers can still advise and represent clients in mediation while allowing the clients to control negotiations. Mediation also gives couples flexibility to craft creative solutions not available through litigation. Many couples find mediation allows them to maintain a civil relationship as co-parents after the divorce.

How Saratoga Divorce Lawyers Can Help

Divorce lawyers can advise you at every step of the process and represent your best interests. Going through a divorce without adequate legal advice can jeopardize your parental rights, financial security, and overall wellbeing. Divorce lawyers have the expertise to help you:

• Understand your legal rights and options
• Navigate complex paperwork and procedures
• Obtain necessary financial information and documentation
• Negotiate fair settlements on your behalf
• Avoid unnecessary conflicts and expenses
• Achieve the most favorable outcome possible

An experienced divorce lawyer can make this difficult process much smoother. They can demystify the legal system and help you move forward with confidence. Consider scheduling a consultation with a qualified Saratoga divorce attorney to discuss your specific situation.

Helpful Resources

• Saratoga Divorce Lawyers | Family Law Attorneys in Saratoga County, NY
• Saratoga Divorce Attorneys – Jean Mahserjian, Esq, PC
• Saratoga Springs Divorce Lawyer | Marriage Dissolution Attorney – Colwell Law Group