Many people think approaching an attorney is the first step in a divorce, however, lawyer Nicholas Hicks explains three things you should do beforehand.
Divorce can be a complicated and emotional process to go through, even if it’s not a surprise. Those who are trying to navigate divorce in New York for the first time often turn to a lawyer. However, there are certain things to consider before making that initial contact. With more than 20 years of experience in private law practice, Lawyer Nicholas Hicks reveals three things to know before seeking a divorce lawyer.
Before filing for divorce, lawyer Nicholas Hicks recommends meeting the New York residency requirement. One spouse needs to have been living in New York for at least one year before starting the divorce or two years if from another state. Even if you were married in a different state, lawyer Nicholas Hicks explains that you may still be able to file in New York-based on other criteria. Before contacting a lawyer, Nicholas Hicks recommends confirming dates of residency and preparing all relevant paperwork showing proof of such.
Recently, New York incorporated “no-fault divorce,” where one spouse claims the marriage has been broken for six months or longer. Lawyer Nicholas Hicks explains that previously, the legal grounds for divorce were based on someone committing offensive acts like adultery or abandonment.
However, if both people can agree about all issues related to the separation, lawyer Nicholas Hicks recommends proceeding directly with “no-fault” divorce. Issues that need to be settled usually include child custody, finances, and property. If those issues still need to be negotiated, you may need the help of a professional attorney, like Nicholas Hicks of Buffalo, NY.
3. Prepare Records
Even if both parents agree on a 50/50 split custody arrangement, lawyer Nicholas Hicks explains that this does not excuse the higher earner from paying child support. In New York, children have the right to financial support from both parents until they turn 21 years old. Both total income and expenses calculate child support. Lawyer Nicholas Hicks notes that generally, people can expect to pay around 17% income for one child, 25% for two children, and 29% for three. To make the process easier, prepare all financial records before meeting with an attorney.
About Nicholas Hicks:
Starting from an early age, Nicholas Hicks was rescued from N.Y.C. foster care at the age of 5 years old. Nicholas Hicks attended both public and private schools where he eventually graduated from E.C.C., U.B. & U.B. Law School.