New York City Divorce Attorneys
NYC Divorce Attorneys Fighting For You
As of 2022, roughly half of all marriages, which includes the majority of first marriages, end in divorce. Although divorce is very common in the United States, not many married couples are knowledgeable about the legal steps needed to begin and finalize a divorce. This lack of awareness and preparation can turn into stress and difficulties as a divorce approaches and proceeds.
Our New York City divorce attorneys at the Law Firm of Benjamin D. Moore, P.C. understand that handling a divorce can be one of the most difficult times in your life. By coming to us, we will help make the process as smooth and stress-free as possible. We always put our client’s best interests first and are experienced in dealing with complex or high-stakes issues that may arise during a divorce. You can be confident that your case is in good hands with us.
Standard Divorce Process In New York City
The various nuances that go into each divorce petition will vary with each individual divorce process. However, in all divorces, there are certain steps that must be followed as the case progresses. Our NYC divorce lawyers will walk you through all of the standard actions and any snags that may crop up throughout the duration of your case. The following is a basic rundown of how a divorce proceeds in New York:
- Meet the residency requirements, which are often strict but usually necessitate that both you and your spouse reside in New York for at least two years.
- Naming the grounds for divorce, which can be as vague as an “irretrievable breakdown” of the marriage that has lasted 6 months or more.
- Choosing the right court and clerk’s office when filing for divorce.
- The respondent or defendant is served with the divorce petition or divorce papers.
- Receiving the other spouse’s response to the divorce petition.
- Scheduling the next steps to advance the divorce, which can include mediation sessions and, eventually, a court date.
What Is Divorce Mediation?
If you and your spouse are willing to negotiate, you don’t have to go through a bitter divorce lawsuit. For New York divorces, mediation is one of the most popular alternative dispute resolution techniques. This method necessitates the use of a third-party mediator, usually a seasoned family law attorney with no conflicts of interest on either side. A divorce mediation lawyer will be the go-between for the divorcing couple during their private discussions. Their duty is to keep the discussion on track and respond to the couples’ legal queries as they arise.
Both divorcing spouses are welcome to bring their legal representatives to any or all mediation sessions. Having an experienced divorce attorney in New York City can help make the process go more smoothly for everyone involved. Mediation is a non-adversarial method of resolving divorce disputes that aim to keep the spouses’ divorce conversations private. Once the two parties have come to an agreement on terms that are acceptable to both of them, the mediator will ensure that the proposed divorce settlement is valid in accordance with the law. The couples’ attorneys may also examine the draft proposal as one more assurance of fairness and client protection.
Contested Divorce vs Uncontested Divorce
Joint petitions, also known as, uncontested divorces in New York, don’t need a court hearing to go through and are therefore quicker and cheaper. The same goes for uncontested child custody issues. Uncontested divorces in NYC normally take a couple of weeks to resolve, but this of course differs depending on each individual case. In short, an uncontested divorce is ideal when the spouses agree on every detail of their separation like:
- Division of assets and debts
- Child support amount
- Child custody (both legal and physical)
- Alimony, if warranted, including amount and duration
- Health insurance for children
Even if you and your spouse are in complete agreement on every aspect of your divorce, you should still seek legal advice from a qualified divorce lawyer in New York City to ensure that your papers are correct and cover a variety of potential situations in the future, particularly if children are involved. A skilled NYC divorce attorney can efficiently and effectively create the required paperwork to memorialize your and your spouse’s agreements while planning for problems that may occur after the split.
On the other hand, a contested divorce is when you and your spouse disagree about some or all of the terms of your divorce. This might include how to divide assets, whether there will be joint or physical custody of children, the specifics of visitation/timeshare arrangements, and the amount (if any) of child support and alimony payments. Contested divorces can take months—sometimes even years—to resolve and often require assistance from attorneys or mediators. It’s highly recommended that you work with an experienced New York City divorce attorney if you’re in the midst of a messy divorce.
Reasons You Need A Divorce Attorney In New York City
You may be debating whether to hire an NYC divorce attorney for your upcoming divorce. Here are a few reasons why it is always in your best interest to have legal representation, regardless of whether your divorce is contested or uncontested:
A skilled New York City divorce attorney with extensive experience can advise and represent you throughout the process, ensuring that you adhere to the law and avoid unnecessary delays or expenses.
While divorce is a stressful and emotional time, it is all too easy to make an error when you are not thinking clearly. You could inadvertently contribute to the unfavorable outcome you’re seeking, causing you to lose the settlement that is rightfully yours. Even a small mistake may cause the procedure to drag on and result in extra legal and court costs. With the aid of an experienced New York City divorce lawyer, you can be confident that your best interest is top of mind.
The process of getting a divorce is difficult enough without having to manage paperwork or go to court by yourself. A qualified family law attorney can help shoulder this load, so you can focus on what matters most to you.
Frequently Asked Questions
How Long Will My Divorce Take?
The amount of time it takes to finish a marital dissolution and actually get the parties divorced can vary considerably. If the parties are on relatively good terms and intend on working together to reach an agreement, this can go a long way toward shortening the process. On the other hand, a contentious divorce in which many issues must be litigated before a court can extend the process. If timing is a concern, bring it up with your attorney when you first meet. When time is of the essence, you and your attorney can work together to try to reach a conclusion as soon as possible, while still achieving an equitable resolution.
What Are The Requirements For Divorce In New York?
Until recently, divorce in New York could only be obtained by establishing and demonstrating various charges of fault (various bad faith behaviors) against one or both parties, or by having fully negotiated and completed a formal Agreement before living apart according to the terms of the agreement for at least one year, after which either party making application to the court for a divorce judgment.
The state of New York now follows the majority of other states in allowing either party to get a “no-fault” divorce if they swear under oath that their relationship with their spouse cannot be saved and has been broken for at least six months. In this instance, the marriage has been irretrievably broken, but the formal divorce judgment cannot be implemented until all financial and family issues have been resolved.
Contact Our New York City Divorce Attorneys Today
Whether you think mediation is a possibility for your divorce or if you know you’ll have to litigate, having the right New York City divorce attorney on your side can make a significant difference in your divorce’s outcome. If necessary, your NYC divorce lawyer will assist you in determining the finest technique to address the intricate issues involved in your divorce, such as property division, child custody, alimony, and protective orders. If you’re going through a divorce, we understand how stressful and difficult this time can be. Contact the Law Firm of Benjamin D. Moore, P.C. today to speak with our experienced family law attorneys and learn more about how we can help you and your family.