Divorce Process Attorney in New York, New York

Can you provide a quick overview of the divorce process?

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I would say the divorce process starts
the minute that someone walks into my
office for a consultation now sometimes
they do it by Zoom since we’ve been
through covid and sometimes they may
even do it by phone but it’s the minute
that we have that first meeting that the
divorce process starts because that’s
the time I’m going to learn about you
and your family and I’m going to
understand what hopefully you know about
assets liabilities the finances in
general what your relationship is with
your children what the other party’s
relationship with your children is also
so who is for example the primary
caregiver who takes the children to the
doctor or goes to the parent teacher
conferences or works with you know the
other parents to organize play dates
does the homework with the children
picks up the children from school gets
the children to the bus maybe in the
morning I’m going to learn about that
during that first consultation I’m going
to learn about how you co-parent what is
the demeanor in the household is
everyone just frankly yelling and
screaming at each other or is it calm
and and very civilized how are you
co-parenting with the other parent I’m
also going to learn about what the
income is of each of you and so I
usually ask what are the assets what are
the liabilities what is the income what
does it all look like and then we go
through the process of what will it look
like later and obviously I don’t have
that crystal ball if I did it would be
great but I don’t have that crystal ball
to say what absolutely will happen but I
can give a range usually of what will
happen in a particular matter based upon
experience and based upon you know what
I know in terms of case law and what
area you may be in which county you may
be in what certain judges may think Etc
and then we will finish the consult and
either someone will retain me or not at
that point or go and think about it and
have other consultations if the person
retains me then we get started and we
get started as if we are preparing for
two things simultaneously settlement or
if it’s not settled litigation and by
the way just because we’re going into
litigation doesn’t mean that there may
not be a settlement at some point during
the litigation and we will be preparing
the case as if we’re doing both which
means we will be gathering the documents
from you and from your spouse we will be
sending out Discovery demands we will be
taking a deposition perhaps we will be
putting together a settlement proposal
depending upon whether we know enough to
do that whether you as the client know
enough to do that that’s the big
question always we want to put together
a settlement proposal that takes into
account that you know what the assets
liabilities the support that you’ll need
the support that actually supports your
lifestyle just to some degree and so we
put all of that together and we get
ready for either a settlement or
litigation and we take it all the way
until there’s a settlement that means
doing the discovery sending out the
notices doing the net worth statement
sending out deposition demands doing a
deposition perhaps having conferences in
court perhaps having settlement
conferences doing all of those types of
things and then hopefully we reach a
resolution and it’s so important to
reach that resolution because trial is
an expensive process and so we try to
reach a resolution in many of our cases
and in many we succeed but in the ones
that we don’t succeed in reaching
resolution we move forward to prepare
for a trial We Gather our exhibits we
outline Our Testimony we work with our
client we prepare our client for what
they’re going to feel like in that
courtroom and then we actually conduct
the trial if necessary

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.

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