Divorce in New York City
At this moment when you may be considering a divorce, separation or other matrimonial issue, which can be stressful and filled with difficult emotional decisions, you should know that you can contact us and we are here to help you. This website provides basic information on a few matrimonial issues that you may want to learn about. Realize that information on this site is merely an introduction and you should meet with an attorney who can help you with your unique situation. Although this moment in your life will soon pass, the decisions you make may be permanent. You owe it to yourself and your family to make truly informed decisions with the benefit of an attorney. Contact us today and we will help you proceed with your divorce or family law matter in Manhattan, Bronx, Brooklyn, Queens or Staten Island.
Divorce involves the dissolution of marriage and the identification and division of marital assets. It also requires a decision on whether spousal support (formerly referred to as alimony) is required and, if so, for how long and in what amount. If children are involved, then a determination on custody, visitation and child support will also be made. In cases where a prenuptial agreement exists, then its validity, interpretation and enforcement must also be considered.
If amicable, as an alternative or preliminary step, a married couple in New York may enter into a separation agreement that will allow them to formalize their agreement on almost all of the same issues that would be decided through divorce and begin living apart. The main difference is that a legally separated couple is still married and thus neither spouse can remarry another. In most cases, separation requires that the couple be able to agree on these issues, although it is possible for one spouse to file an action with the court to obtain a separation agreement.
Whether you are not yet married and considering a prenuptial agreement or already married and seeking a divorce or separation it is of immeasurable benefit to have an experienced attorney advise and represent you. If financial circumstances warrant, one spouse may be required to pay the legal fees of the other. Without knowing how New York law applies to your unique situation, what your rights and remedies are, and what likely outcomes you should anticipate, it will be impossible for you to make informed decisions. Once finalized an agreement you reach, be it a prenuptial or separation agreement or property settlement agreement, generally cannot be changed.
No-fault ground – You can get a “no-fault” divorce if, according to either party, the marriage has “broken down irretrievably” for a period of at least six months (in other states, the common term used is “irreconcilable differences.”) You do not have to be separated for 6 months, you just have to allege that the marriage has been completely broken down for at least the past 6 months. A judgment of divorce will not be granted under this ground until the following issues are resolved by the parties, or determined by the court and incorporated into the judgment of divorce:
- equitable distribution (division) of marital property,
- the payment or waiver of spousal support,
- the payment of child support,
- the payment of counsel and experts’ fees and expenses, and
- the custody and visitation of any minor children of the marriage
