At the initial consultation, we will first determine if you are eligible to file for a divorce in the State of New York. Like all states, New York has residency requirement. These are:
The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding; or
The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or
The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or
The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action, or
Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action.
If it is determined that you can indeed file in the State of New York, you will join me in discussing the history of your marriage, such as: How long you have been married? What is your current living situation? Do you have children? Are you employed? What is your income? Is your spouse employed? What is his/her income? Do you own or rent a residence? Was the home purchased prior to or during the marriage? What is the estimated value of your home? Are your children school age? Public or private school? How is the tuition, if any, paid? If both your spouse and you are employed, who cares for the children while you are both at work? Has your spouse or you ever been arrested and/or convicted of a crime? Is there any history of domestic violence? Is there currently an order of protection in place? Do you share bank and/or credit card accounts with your spouse? Do either your spouse or you have any retirement plans/accounts? Do either your spouse or you hold any interest in a business? Are your income taxes current? Has your spouse retained an attorney?
We will next discuss your goals for your divorce. How do you envision your life once your divorce is completed? Do you wish to leave New York? Do you desire custody of your children? If you have not worked during the marriage, do you plan on returning to work? Do you plan on attending school after the divorce is completed? Do you require a flexible visitation schedule? Do you require spousal support? Do you wish to remain in the marital residence until the children are 18 years old?
The consultation is the most important step in the attorney/client relationship. There must be a level of comfort between the attorney and client in order for the representation to be effective. A divorce is an emotionally draining time in one’s life. Without a strong attorney to lead you through the process, you might feel lost. The Kepanis Law Firm, P.C. take a personal approach to the practice of divorce law and we will guide you with a sure hand throughout the entire process.