Michael S. Cox, Esq.

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Frequently Asked Questions

 
Common Question you should know

Divorce Questions:
Business Questions:
Will Questions:


Divorce Questions:

What documents do I need to get a divorce? The basic documents for a divorce are the petition for divorce and the final decree. These are the bare bones basic documents and often more documents are needed to finalize the divorce proceedings.

How long does a divorce take? At a minimum the state of New York requires a 60-day waiting period from the filing of the petition to the time the divorce can be finalized.

Do I need a Divorce Lawyer? It depends. This may not be a very complete answer but it really does depend on your own individual situation. By calling me, we will talk and I can evaluate the situation and advise you.

What is Mediation? Mediation is an attempt to settle your differences prior to going to court. While this is a very basic definition, what happens in mediation is that an impartial third party helps guide a conversation between the parties and attempts to find a workable solution between the two sides.

What about my children? Children will complicate a divorce, because the support and custody of the child must be settled in the divorce. See Child Custody, Alimony. Click here!


Business Questions:

 


Will Questions:

What can you tell me about a Will?

A will is a written instrument controlling the disposition of an individual's property at death. The laws of each state establish the formal requirements for a will. 

The maker of the will (called testator) must be at least 18 years old.

The maker of the will must be of sound mind.

The will must be written (there are specific, limited exceptions).

Two competent persons must witness the will in a special manner provided by law. A beneficiary of a will or spouse of a beneficiary should not be a witness, because the beneficiary may lose benefits under the will as a result.

The technical formalities required for the execution of a will must be followed precisely.

 


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