New York Divorce Lawyer(s)
If you are getting a divorce in the State of New York you may, or may not, need the advice of a New York Divorce Lawyer. New York has special rules concerning divorce that are distinguishable from other states in the Union and in order to reach a fair and quick resolution it is important to have a New York divorce lawyer. When you are seeking a dissolution of marriage there is a certain period of time before you will need to get the services of a New York Divorce Lawyer. Attorney representation in a divorce proceeding is not required and should be retained when it is clear that a divorce is necessary.
The requirements for getting a divorce in the State of New York are somewhat simple. The State of New York has residency requirements that must first be met before a petition for the dissolution of marriage can be filed. In order to get a divorce in the State of New York the spouses must have been married in New York or reside in New York as husband and wife with either spouse having been a New York resident for at least one year; the cause of action occurred in New York and both parties are resident at commencement of suit; or either has been resident of New York for 2 years.
There are three grounds for divorce in the State of New York: (1) the marriage is irretrievably broken; or (2) the conversion of a separation agreement; and (3) there is a showing of fault on one of the parties. In the first kind of divorce both spouses agree to divide the property of the marriage, settle custody and child support, and agree on spousal support. In 2011 New York became the last state in the Union to offer no-fault divorce under the “irretrievably broken” standard. In the second kind of divorce the parties have lived apart and been financially separate for a period of one year.
In the latter kind of divorce the spouse suing for divorce will allege one of five grounds: cruel and inhumane treatment; adultery; imprisonment for 3 years; or desertion for a year. A New York Divorce Lawyer should definitely be retained in these situations. If allegations of any of these 5 factors are proven in court then it can drastically alter the monetary obligations involving support, division of property and child custody. A New York Divorce lawyer should also be retained because you may have defenses, prescribed by law, that will help you contest a “fault” divorce.
Divorce Lawyer(s) New York
Divorce Lawyers in New York can, not only help you with getting your divorce, but can also help you with the technicalities involved with child support, alimony, child custody, and the distribution of the marital property. Divorce lawyers in New York are very important in the negotiation stages of a divorce. It is in the best interest of the New York courts to have divorces settled by the spouses themselves. It saves the New York courts time and money and is the public policy of the New York court system to have divorce procedures handled, as much as possible, through mediation. This is where your New York divorce lawyer will be very beneficial. When negotiating the terms of a divorce including division of property, spousal support, and especially matters involving the children of the marriage; it is important to have a New York divorce lawyer who can negotiate agreements while not having any emotional attachment to the proceedings.
New York uses the equitable distribution model when distributing the marital property. This does not mean that the marital property is divided equally amongst the spouses. The objective is to have the marital property divided based on fairness. New York divorce lawyers will attempt to show that you have a specific hardship, or in the reverse, that your spouse is financially secure. Factors that the courts consider when determining distribution of the marital property include: the contribution of the spouses to the marriage; economic circumstances of the spouses; who the primary caregiver is; the duration of the marriage; contributions to the education of the other spouse; and contribution, or improvement of marital property.
One of the most important parts of any divorce proceeding is the determination of child support, custody, and visitation rights. In these situations it is imperative that you have a divorce lawyer. New York subscribes to the income shares model when determining child support. The standards are set out in the Child Support Standards act.
Divorce Lawyer(s) in New York
Divorce lawyers in New York can be expensive. If you are seeking a divorce from your spouse the cheapest, and quickest, way is to file for a “no fault” divorce. This will entail a short period of time and requires the agreement of both spouses to settle the divorce. When a divorce is brought on any of the grounds discussed above it may require extensive litigation in court. A Divorce Lawyer in New York will usually charge an hourly fee of between $250 and $450 an hour. When the divorce is “no fault” the use of a divorce lawyer in New York will be minimal and the overall cost can be around $1,500. When a divorce goes into litigation and is contested it can run into the tens of thousands of dollars. So, before you consider going to court over a divorce matter it is in the best interest of both parties to attempt to settle the matter through mediation and minimal use of the divorce lawyer in New York.