An uncontested divorce is one in which you and your spouse agree on getting and the terms of the divorce. It’s simple and inexpensive, and it offers you and your spouse the chance to end your marriage quietly and with dignity. If you and your spouse have agreed on a divorce, we can put your agreement in writing and draft all the necessary forms for you.
A contested divorce is one in which you and your spouse do not agree on getting divorced or disagree about the terms. Divorce can be complicated, and there can be a lot of issues that need to be resolved. These issues can involve, child support, child custody, spousal support (alimony), and the equitable distribution of property.
Sometimes the issues may involve one spouse’s right to exclusively occupy the marital residence or the need for immediate child support or spousal support. Whatever your situation, you need a thoughtful, zealous advocate in your corner. We will provide you with a free consultation and discuss your options with you. We will fight hard to protect you and your family. Let Thomas Weiss & Associates divorce lawyers provide you with the experienced legal representation you need in a contested divorce.
Experienced Legal Advocacy in New York Divorces
At Thomas Weiss & Associates, our mission is to provide our clients with honest legal advocacy. Divorce is one of the most challenging circumstances they will face in their life for many people. Even when a divorce involves difficult or complex circumstances, we will protect your rights and interests throughout the process.
When possible, we will work with your soon-to-be ex-spouse’s attorney to negotiate a settlement to which both parties agree. Unfortunately, in some cases, the other side will refuse to negotiate fairly. Should the other side fail to negotiate, we will be as assertive as necessary to protect you and your children’s best interest throughout the divorce process. Whether you settle out-of-court or proceed to divorce litigation, we use our experience and knowledge to advocate for you.
We do not pass off our divorce cases to other staff members. Instead, we give our clients the one-on-one attention their cases deserve. You will not need to worry about unnecessary layers between you and the attorney who is representing you. We work directly with you to pursue your interest in the divorce process.
Residency Requirements for Getting Divorced in New York
Before you petition the court for a divorce, you will need to make sure you meet the residency requirements. There are several ways to fulfill residency requirements in New York, such as:
- You lived in New York as a married couple for any amount of time, and one spouse has lived in New York for at least one year
- You or your spouse has lived in New York for at least two years
- One or more spouses have resided in New York for at least one year, and the grounds for divorce arose in New York
- Both spouses are residents of New York, and the cause for divorce Arosa New York
- You were married in New York, and at least one spouse has lived in New York for one year or more
Filing for Divorce in New York
When you file for divorce in New York, you will need to submit a substantial amount of paperwork. New York is an equitable distribution state, and courts divide property based on fairness and equity principles. Judges consider multiple factors when deciding how to divide up community property. Courts will not divide your property in a 50-50 split, as can happen in community property states.
In the divorce process, you and your spouse have the opportunity to agree on the terms of your divorce out of court. Your attorney can help you draft a divorce settlement. However, when you cannot agree, a family court judge must step in and decide on the following issues:
- Property division
- Spousal support, also known as alimony
- Legal fees
- Issues related to health and life insurance
- Division of debt
- Child custody
- Child support
- Order protection, if necessary
- A change of surname, if desired
High Net Worth Divorce Lawyers in New York
At Thomas Weiss & Associates, we understand that high-net-worth couples face unique challenges during the divorce process. We use our decades of experience representing high net worth clients to provide high-quality legal representation. Representing couples and high net-worth divorces require a sophisticated understanding of New York’s complex financial laws. Issues that commonly arise in high-net divorce include the following:
- High asset 401(k) accounts
- Child support
- Business assets
- Business or family trusts
- Spousal maintenance/alimony
Since more assets and property are involved in a high-net-worth divorce, property division plays a crucial role. We will provide your high net divorce case with the attention it deserves. Our lawyers have experience in business valuation, asset protection, and equitable distribution. We will work hard toward securing a favorable outcome regarding your property division and support orders.
Understanding “No-Fault” Divorce in New York
New York recently became a no-fault divorce state. New York is not a truly no-fault state, however. In New York, there are still legally recognized grounds for divorce, such as adultery and abandonment. Seeking a no-fault divorce means that neither spouse was at fault for the divorce. You do not need any legal grounds to file for a divorce in New York. Instead, you must only state that your marriage is irretrievably broken to request a divorce.
You do not need to go into details about why your marriage is irretrievably broken. On the contrary, you or your spouse need only state that the marriage is irretrievably broken for six months or longer while under oath to secure a no-fault divorce.
Even if you pursue a no-fault divorce, you will still need to agree on matters related to child custody, child support, spousal support, distribution of property, and visitation. If you cannot agree on these issues, your divorce will be a contested divorce. The court will decide these issues for you after litigation.
Fault-Based Divorce in New York
Many couples choose to pursue a no-fault divorce, but pursuing a fault-based divorce may be advisable in certain circumstances. New York state recognizes the following fault-based grounds for divorce:
- Abandonment by one spouse for a continuous period of one year or more
- Cruel and inhumane treatment by one spouse making it unsafe for the spouses to live together
- Imprisonment of one spouse for three or more years after the parties were married
- Living apart for one or more years after obtaining a judgment of separation from the court
- Living apart for one or more years according to a separation agreement
Before New York allowed no-fault divorce, couples would often use the last two fault-based grounds for divorce as a type of no-fault divorce.
Contact a New York Divorce Lawyer Today
Divorce is a complex and challenging experience. If you are preparing to file for divorce or you have received your spouse’s petition for divorce, you need an experienced lawyer on your side. Many assets have been lost in divorces due to unnecessary or irresponsible litigation and legal fees.
At Thomas Weiss & Associates, we work hard to give your divorce case the personal attention it deserves while protecting your assets to the greatest extent possible. Contact us today to schedule a consultation with one of our experienced New York divorce lawyers.
We offer free in-office consultations. Learn more about how we can help you. Give us a call for a case evaluation.
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