Âé¶¹TV

Divorce

Divorce Attorneys in New York City

Providing Clients with Excellent Legal Counsel and Representation

Have you considered filing for divorce in New York? Whether you are involved in a pending divorce proceeding or simply thinking of separating from your spouse, difficult decisions lie ahead. At Âé¶¹TV, PC, our compassionate legal advocates care about your best interests and are committed to working with you during this challenging time to achieve your desired goals and answer all of your questions.

Let our experienced NYC divorce lawyers provide the assistance you need. We are equipped to guide you through your divorce process in a way that best suits you. With over 75 years of combined experience, our firm possesses the in-depth knowledge and insights necessary to assist clients in building a strong foundation for life after divorce.

New York‘s unique mix of state and local divorce laws can be complex. However, our team’s familiarity with these nuances ensures that you receive comprehensive advice tailored to your specific circumstances. Whether negotiating settlement agreements or representing you in court, our attorneys strive to secure favorable outcomes, emphasizing both your immediate needs and long-term well-being.

We understand that filing for divorce can be a difficult decision. We want to relieve you of some of the stress. Schedule a confidential consultation with our New York City divorce lawyers to see how we can help you and your family today.

What Are the Residency Requirements for Divorce in New York?

Filing for divorce can be a difficult decision, especially when children are involved. Our NYC divorce attorneys are ready to help you navigate the next stages of your life and make this process as stress-free as possible. If you are considering divorce in New York, it is essential to know that certain requirements must be met before you can file for a divorce. Prior to filing for divorce, you must first satisfy the residency requirement.

Key residency criteria for filing for divorce in New York include:

  • Did you or your spouse continuously reside in New York State for at least two years before the start of the divorce case?
  • Did you or your spouse reside in New York State for at least one year before the start of the divorce case, and (1) you were married in New York State, or (2) lived as a married couple in New York State, or (3) the grounds for divorce occurred in New York State?
  • Were both you and your spouse residents of New York State on the day the divorce was started, and did the grounds for your divorce occur in New York State?

Our family law attorneys are ready to help you determine your eligibility for divorce in NYC. We’ll also provide personalized guidance through this complex process and ensure your rights are respected at every step along the way. Reach out to us for help with your divorce or any other family law issues.

What Are Legal Grounds for Divorce in New York?

The second requirement you must meet to file for a divorce is having grounds or a legally acceptable reason for the divorce. New York is now a “no-fault†state by virtue of the grounds for irretrievable breakdown in the relationship. However, determining grounds for divorce is still a part of the divorce process.

While many assume that fault-based grounds like adultery still dominate divorce proceedings, it’s essential to understand how New York‘s move to a no-fault model could influence your approach. In cases involving more contested issues, understanding the grounds can affect every aspect from negotiations to final judgments, making early legal consultation vital.

Legally acceptable grounds for divorce in New York may include:

  • Adultery
  • Abandonment
  • Imprisonment
  • Cruel and inhuman treatment
  • Irretrievable breakdown in the relationship (minimum 6 months)
  • Divorce after a legal separation agreement
  • Divorce after a judgment of separation

When you hire our law firm, we’ll carefully analyze the details of your case to help you determine the grounds of your divorce. We promise to listen carefully to your questions and concerns and provide answers in terms you can understand. We’ll ensure your voice is heard and that your rights are respected in each decision during your divorce. Contact us today for a free consultation to learn more about how we can help.

What Is the Difference Between Contested & Uncontested Divorce?

Contested & uncontested divorces in New York represent two distinct approaches to dissolving a marriage. The key difference between each type of divorce is whether the couple needs court involvement to resolve difficult decisions.

Contested Divorce

  • Disagreements: In a contested divorce, spouses have unresolved disputes regarding significant issues like property division, child custody, alimony(spousal maintenance), or support
  • Court Involvement: The court intervenes to resolve disputes through hearings and legal proceedings
  • Legal Representation: Given the intricate nature of contested divorces, individuals are often better suited to have experienced legal counsel to navigate the complexities more effectively

Understanding how contested divorces unfold is crucial for preparation. These cases require careful documentation, presentation of evidence, and a strategic approach to litigation. With our guidance, you can anticipate court proceedings and better understand how your rights can be protected throughout this often challenging process.

Uncontested Divorce

  • Mutual Agreement: Spouses in an uncontested divorce reach a mutual agreement on essential matters without involving the court in extensive litigation.
  • Efficiency: Uncontested divorces typically progress more swiftly, offering a quicker resolution compared to contested cases.
  • Simplified Process: Since there are no major disputes, the process is typically more straightforward, requiring less time and legal expenses.

Choosing between contested and uncontested divorce depends on the nature of the issues involved and the level of cooperation between spouses. While uncontested divorces offer efficiency, contested divorces may be necessary when disagreements persist. Legal guidance is beneficial to ensure the chosen approach aligns with individual circumstances and legal requirements. Our experienced New York City divorce attorney can guide you through the process.

What Key Decisions Must Be Finalized During a Divorce?

Divorce disputes often arise due to the many difficult decisions involved in ending a marriage. When children are involved, it’s even more likely that matters will get heated. If you and your ex can come to an agreement on every decision, you may be able to achieve an uncontested divorce. However, it’s much more likely that at least one key decision will be contested.

Some examples of decisions a couple must make when getting divorced in NYC are:

  • Division of marital property – Determining what property is marital and what is separate is often one of the most contentious issues in a New York divorce
  • Spousal Maintenance – Sometimes, a spouse is eligible for financial assistance from their spouse because they are not ready to enter the workforce after a divorce. Spousal support may be awarded temporarily or permanently, depending on the circumstances of the couple
  • Child custody – Deciding how the couple will share the care and legal custody of the children is crucial during a divorce
  • Child support – When one parent earns significantly more than the other, they may be ordered to pay child support following the divorce

These decisions can impact your relationships, finances, and future. Please don’t leave such critical matters up to chance. Contact our law firm immediately to negotiate a fair settlement or fight for you in court.

What Options Do I Have for Child Custody in New York?

In New York, most judges try to keep both parents involved in the child’s life as much as possible. This includes seeking joint legal and physical custody. In other words, both parents typically share the responsibility of making legal decisions like education, medical care, religion, and taking care of the child’s physical needs. However, in some cases, sole custody is awarded to one parent while the other may retain visitation rights.

The following are some examples of how custody may be divided:

  • Joint custody – Most courts favor joint custody, as long as there’s not a history of abuse. In joint custody, both parents share the responsibility of raising the child. This may include joint decision-making on major issues like education, non-emergency medical decisions, and religion. Physical custody involves the parenting and holiday vacation schedule as to which parent has what days of the week and vacation time and holiday time sharing
  • Sole custody – If there is a history of abuse, neglect, or substance abuse, the judge may award sole custody to one custodial parent with supervised or no visitation to the other parent

Custody decisions are some of the most emotional aspects of a New York divorce. Your parental rights are crucial, and you deserve the chance to maintain your precious relationships with your children. Please let our lawyers help you get the best chance of a favorable outcome. We know how important family is and will fight for your rights in your divorce. Contact us today for a free consultation.

Should You Hire Our Divorce Attorneys in New York City?

Regardless of the grounds for divorce, it is almost always a complex legal process. If you are considering filing for divorce or have recently been served divorce papers, you should immediately seek legal advice from a qualified attorney before taking any action. The NYC divorce attorneys at Âé¶¹TV, PC are well-equipped to assess your particular situation and provide guidance on the best way to move forward.

With decades of combined legal experience, we understand New York law and will work toward an amicable resolution whenever possible. We’ll be your staunch allies whether you pursue a solution in mediation or in court. We promise to stand by your side at every step of the process and will communicate effectively with you so you know what to expect. We’ll also answer your questions clearly without confusing legalese so you can fully participate in every decision.

Obtaining timely legal advice is crucial as divorce can affect nearly every aspect of your life, including financial stability, living arrangements, and relationships with family members. Our dedicated team will advise you on securing your personal interests and what initial steps to take for a smoother transition. Personalized consultations focus on your unique needs and the specifics of New York divorce law to set realistic expectations and goals.

For trusted & experienced legal counsel regarding your divorce, contact us. We serve clients in New York City, Long Island, Westchester, and Connecticut.