How much will divorce cost?

Divorce can be expensive.  The total cost will depend upon the complexity of issues and the willingness of parties and counsel to work together.

What is the difference between an Uncontested and a Contested Divorce?

Your matter will be uncontested if both you and your spouse want a divorce and agree on all issue required to effectively terminate the marriage.   All matters of consequence involving your children, finances and property are resolved by agreement.  This does not necessarily mean that the process will be amicable, just that the issues will be resolved out of court between the parties without judicial adjudication.

Your matter will be contested if one spouse does not want to get a divorce and/or you disagree about what will happen with your children, finances or property after divorce.  When spouses cannot arrive at an agreement, even with the assistance of their legal counsel, they must approach a court to adjudicate their dispute. Divorce cases that start out contested often end up resolved without trial.

Do I have to go to Court?

If the parties can agree on issues regarding children, property division and support, documents can be submitted to the Court on an uncontested basis and a Judgment of Divorce entered without appearing before a court.

Will I lose my health insurance?

Once a divorce is filed, automatic orders go into effect that are designed to maintain the status quo until the parties are divorced.  In that regard, one spouse cannot remove the other spouse from his or her health insurance absent agreement between the parties or court order.

Once a divorce is granted, however, the ex-spouse can remain eligible to participate on the other party’s health insurance plan through the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA).

When a spouse notifies his or her employer of the divorce, the employer will send notices to the family members on the policy, informing them of their right to COBRA coverage. If you qualify for COBRA benefits, your health-plan administrator must give you a notice stating your right to choose to continue benefits provided by the plan. Typically, you then have 60 days to accept coverage or lose all rights to the benefits.

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'The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. I invite you to contact me and welcome your calls, letters and electronic mail. Contacting me does not create an attorney-client relationship. Please do not send any confidential information until an attorney-client relationship has been established.

Ellen Werfel Martineau, Esq. is licensed in New York.

Ellen Werfel Martineau
Berkman Bottger Newman & Schein LLP
445 Hamilton Ave, Suite 1500
White Plains, New York 10601

P (914) 308-3435

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