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New York, NY family law attorney Lisa Zeiderman gives a quick overview of the divorce process. The divorce process begins as soon as an individual enters an attorney’s office for a consultation, whether in person, via Zoom, or over the phone. This initial meeting marks the start of the divorce proceedings, during which the attorney learns about the individual’s family dynamics, their understanding of assets, liabilities, and finances, and the relationships between the individual, their spouse, and their children.
During the consultation, the attorney seeks to understand who serves as the primary caregiver, who manages tasks such as taking the children to the doctor or attending parent-teacher conferences, and how the couple co-parents. The attorney also inquires about each party’s income, assets, and liabilities to create a comprehensive picture of the family’s financial situation.
While the attorney cannot predict the outcome with certainty, they can provide a range of possible outcomes based on their experience, relevant case law, and the specific circumstances of the county or judges involved. After the consultation, the client may choose to retain the attorney or seek additional consultations elsewhere.
If retained, the attorney prepares for both settlement and litigation simultaneously. It is important to note that entering litigation does not eliminate the possibility of settlement at any point. The preparation phase involves gathering documents from both parties, issuing discovery demands, and potentially taking depositions. The attorney may also begin drafting a settlement proposal if sufficient information is available.
The objective is to formulate a proposal that accurately reflects the client’s financial needs, including support that aligns with their lifestyle. The attorney guides the client through the discovery process, which includes sending out notices, preparing net worth statements, and conducting depositions. Settlement conferences and court appearances may also occur during this phase, with the goal of reaching a resolution, as trial can be an expensive process.
In many cases, the attorney successfully assists clients in reaching a resolution. However, if a resolution cannot be achieved, the attorney prepares for trial by gathering exhibits, outlining testimony, and preparing the client for the courtroom experience. Ultimately, the attorney conducts the trial if necessary.