The Harding Law Firm News

What you should know About Legal Separations in New York State —Seek Advice from a Separation Lawyer

The Harding Law Firm - Tuesday, December 17, 2013
A judge typically grants legal separations in New York, if both spouses are in agreement with a contract stating the grounds and requirements for the separation. Provisions included in the contract can include such items as living arrangements, child custody rights, and alimony or child support payments. A legal separation is usually sought for one of two reasons—it is the first necessary step to being granted a divorce if there are no initial grounds for divorce, or because two spouses feel that some time apart may actually serve to improve the marriage in the future.

Obviously, divorce is a difficult process, and a legal separation can be stressful, even when two spouses agree about the necessity of a separation. An experienced separation lawyer can counsel you on the complexities of legal separations to minimize stress and make your experience as smooth as it can possibly be.  

Filing for Legal Separations

When a legal separation is filed with the county clerk in New York, the state requires that both parties agree to the terms of a contract. After one year of legal separation, either spouse has the option of proceeding with what is referred to as no-fault divorce. This refers to a divorce in which no one spouse is particularly at fault. A legal separation is required before a no-fault divorce can be obtained.

Here are the key steps involved in legal separations:

➢    Individuals filing for legal separations in New York State must fulfill residency requirements.

➢    After meeting the residency requirements, you can file a separation suit through a separation lawyer or the court clerk, using online resources or filing pro se.

➢    The legal separation agreement is also made along with the petition. The agreement should cover all issues like child custody, spousal support, debt repayments, visitation rights, marital assets, and so on.

➢    If it is not a joint petition you will have to serve a petition for legal separation, to which the spouse has to respond within a certain period of time.

➢    Once the legal separation agreement is recorded with the court clerk, you will be legally separated.

To know more about legal separations in New York, contact Charles Harding. Understand your rights and protect them with the right separation lawyer on your side. Call 518-384-3400 and book a free consultation today.

Tips for Choosing the Best Personal Injury Attorney

The Harding Law Firm - Tuesday, December 10, 2013
In the event of an accident, choosing a competent personal injury attorney will be the most important factor that will help in negotiating a fair settlement from the insurance companies.

Here are some tips on how to choose a personal injury attorney:

➢ Choose an Attorney Who is Well Experienced in Personal Injury Law

Evaluate your personal injury attorney’s track record of success to ensure he / she has the knowledge and experience required to protect your rights and get you the compensation you deserve.

➢ A Local Personal Injury Attorney will be More Easily Available and Accessible

If you or a loved one has been the victim of an accident, you need a personal injury attorney who is available to meet with you locally. It will be more viable to coordinate meetings and maintain good communication throughout your personal injury counsel and case proceedings. Not to forget, it is easier for you to ask around and check references about the attorney from the local community.

➢ Compare the Personal Injury Attorney’s Scope of Services and Rates

While choosing a personal injury attorney, you have to meet and compare what you get for the money you spend before finalizing your choice. Most attorneys offer free consultations. Make sure you have a clear idea on the fees and other expenses that you may have to bear. Be wary of temptations with an overly inflated settlement amount.

➢ Trust Your Instinct when Choosing a Personal Injury Attorney

A positive relationship between the client and the attorney will likewise have an effect on the outcome of the case. If you or your loved one is the one injured, you need to feel comfortable enough with the attorney and share all relevant information about the case without any inhibitions.

Contact Charles Harding to know more about the scope and services of a personal injury attorney. Get the compensation you deserve by having experienced attorneys handle your case. Call 518-384-3400 and book a free consultation today!