We are here to help. Get in touch for a confidential, no-cost consultation with Ryan Besinque today.
We are here to help. Get in touch for a confidential, no-cost consultation with Ryan Besinque today.
While few of us go into marriage anticipating the end of it, the data tells us that nearly half of all marriages end in divorce or separation. This makes divorce a reality for many, leaving families navigating the family law system. Even the friendliest of divorces can leave individuals financially and emotionally stressed, particularly when there are children involved.
During a divorce dispute, emotions can run high, and negotiations often break down. While it is a highly emotional time, what is said and done during this time can set the stage for your future. That is why it is critical to have a skilled legal representative in your corner.
At The Law Office of Ryan Besinque, you can rest assured that you and your family’s best interests are being protected each step of the way. Negotiations during a divorce focus on protecting your parental rights, financial assets, and even your safety in cases involving domestic violence. Attorney Ryan Besinque is an experienced divorce lawyer, prenuptial agreements lawyer, and spousal support lawyer. This experience can help assist you in navigating the specific legal, financial, and practical issues when it comes to your divorce so that you can look clearly into the future. To speak with Ryan Besinque call now (929) 251-4477.
There are two types of divorce in NY state: contested and uncontested. An uncontested divorce is when both marriage partners mutually agree to end the marriage and work cooperatively to agree on asset division, child support, alimony, child custody and visitation, as well as other matters concerning the marriage. In some cases, a couple may believe they do not need an uncontested divorce lawyer. However, it is a good choice to consult a lawyer to review the legal details and ensure your rights are protected.
When marital partners can’t agree on the details of their divorce, it becomes “contested” and the court will weigh the facts and make the decisions for the couple. In this case, it’s important that both parties hire their own contested divorce lawyer. A contested divorce lawyer can help a couple negotiate the terms of their divorce and make sure that each partner receives a favorable settlement.
In order to divorce in NY state, a divorcing couple must meet residence requirements and have legal grounds to end the marriage.
The marriage took place in NY and either spouse has been living here continuously for one year prior to filing for divorce.
Both spouses have been living in NY as a married couple, with one spouse living here continuously for one year prior to filing for divorce.
The grounds for divorce happened in NY state and either spouse has been living in NY continuously for one year prior to filing for divorce.
The grounds for divorce happened in New York and both spouses lived in New York prior to filing for divorce.
The marriage did not take place in NY, but one spouse has been living here continuously for two years prior to filing for divorce.
There are seven grounds that a couple can use to seek a divorce under NYC law. They include:
The marriage has been "irretrievably broken" for six months. All financial, custody, and support issues have been mutually settled.
Both partners have executed and filed a legal separation agreement and have lived apart for one year. Hiring a legal separation lawyer can help make sure a client’s rights are protected.
Adultery
It must be proven that one spouse committed adultery at some point in the marriage.
Cruel and inhuman treatment
Specific acts of cruelty took place in the previous five years where one partner felt physically and mentally in danger.
The Supreme Court has filed a judgment of separation, and the couple has subsequently lived apart for a period of one year.
Imprisonment
One partner must have been imprisoned for three or more years during the marriage.
Abandonment
One spouse must have abandoned the other for one year or more, either by physically leaving the home without the intention of returning, or one spouse refuses sexual relations with the other.
New York’s divorce filing fees are a mandatory expense that you should include in your budget when getting a divorce. These fees are an official expense and are used to pay for legal documents to help you get the divorce process moving. When appealing to the court, you will need to pay approximately $335 along with submitting your filing forms.
If you are unable to afford the divorce cost, your spouse can pay the fee or you can request to waive it. This is possible only if your spouse earns more than you and you can prove you are financially in need.
For any motions that are filed after the divorce action has been started, additional fees of $45.00 will be charged. A $35.00 fee applies if you want to make a written Stipulation for Settlement. Depending on your situation, you may not be required to file settlement papers or motions.
You will have to serve your spouse with the initial divorce papers, or it can also be the other way around where you will be served the divorce papers instead. The fees are charged by the court, a third-party process server, or the judge. The fees for this service can range from $100.00 to $200.00 or more unless the spouse refuses service or is not able to be found. These aforementioned fees do not include attorney fees.
When a couple can resolve their differences and come to mutual agreements concerning debts, assets, offspring, and other matters, it is considered an uncontested divorce. While in some cases when going through uncontested divorce the parties still rely on very skilled negotiation by their attorney, the final agreement between the couple does not require the intervention of the court system. This can make an uncontested divorce quicker and less expensive for the spouses. Naturally, the speed depends on how long it takes for a couple and their lawyer to work toward an agreement.
Some couples cannot see eye to eye for a variety of reasons and that’s when uncontested divorce is not an option. A contested divorce is when the couple cannot come to mutual agreements about their divorce, and court intervention is required to establish the terms of the divorce settlement. Although many divorces end up settling with the assistance of attorney at some point along the way, if this does not happen, a trial date is set and the court decides matters for the former Mr. and Mrs.
Unlike uncontested divorce, these types of divorces are common with couples that have substantial assets and many joint holdings, or in cases where it is suspected that one partner may have been hiding assets and involve property division. There may also be disputes regarding offspring custody or spousal maintenance where an attorney has to step in. Although there are cases when contested divorce is the only solution, these types of divorces tend to be more time-consuming and costly in terms of resources and services compared to uncontested divorces.
Whether you and your spouse have found a way to come to mutual agreements about ending your marriage and are going through uncontested divorce, or you cannot even begin the conversation, having skilled legal representation from an experienced NYC divorce attorney can keep negotiations on track and respectful. To schedule a complimentary consultation with a divorce lawyer, call now: (929) 251-4477.
Toggle on the button below to learn more about:
Although in the state of New York both parents are responsible for the support of their offspring, under the law, it is presumed that the parent with physical custody is already paying their share of support and all the fees that come with it.
Child support is what a non-custodial parent will pay to the custodial parent to balance that support.
NYC uses a formula for child support based on both parents’ income multiplied by a percentage based on the number of offsprings. The formula has a cap for combined income that is adjusted periodically. In addition to that formula, the courts will also look further at the financial picture of the spouses, including:
If you have questions about how offspring support works, you should consult an NYC child support lawyer to understand how the laws may affect your unique situation and get an excellent solution. Do not hesitate to contact a divorce lawyer for a free consultation (929) 251-4477.
There are four types of child custody that divorcing parents will need to consider if minors are involved. They are:
Sole custody
Sole and joint custody refer to how custody is shared between partners.
Legal custody
Legal custody determines which parent has the decision-making power in the offspring’s life regarding their education, medical, and religious upbringing. Physical custody determines which parent the offspring lives with primarily. Both parents may choose to retain joint legal custody and joint physical custody or variations thereof.
Physical custody
When one parent has physical custody, visitation must be established for the non-custodial parent. The non-custodial parent has the right to “reasonable” visitation. Working this out will require that both parents have a cooperative relationship when it comes to visitation issues.
Joint custody
Establishing a set schedule may be better for all involved. Both parents can agree upon the times and days, holidays and vacations that the non-custodial parent can have time with the children. This way, if the courts need to become involved in the future, there is a set schedule that is enforceable.
Unfortunately, child custody matters are often contentious and new arguments and disagreements can make the situation confrontational. This is when it is especially important to have a child custody lawyer with extensive experience in custody laws who can proactively set out a schedule that works best for you and your children and leaves as little as possible to disagree about to have an excellent result. Schedule a free appointment to discuss your case and the proceedings with divorce lawyer Ryan Besinque (929) 251-4477.
In a divorce, there is often the need to address the continuing financial support of one of the marital partners to make sure that he or she isn’t left at a financial disadvantage. Alimony or spousal support is the temporary or permanent support of one spouse by the other.
In New York, spousal support or alimony is calculated based on each spouse’s income and then makes adjustments based on child care and other factors, including:
How long the couple was married
The standard of living the couple had
The age and health of both spouses
Each partner’s earning potential
Whether one spouse will need additional education to become self-supporting after the divorce
Where the children live
The couple’s marital property
Depending on these factors, a spouse may seek some type of spousal support, including:
Rehabilitative support
Allows the lower earning or non-earning partner to get additional education or job skills to become self-supportive.
Temporary support
Awarding one spouse support during the divorce process with a specific expiration date
Permanent alimony
Awarding one spouse ongoing support. In most cases, this is awarded for long-term marriages when one spouse has stayed out of the workforce to focus on upbringing children, when there is a large disparity in income between partners, or when one partner is unable to work due to health concerns.
Having the assistance of an experienced New York divorce attorney is essential to ensure that your rights to spousal support are protected. At The Law Office of Ryan Besinque, we aggressively protect your interests when spousal support has become an issue in your divorce. Call now (929) 251-4477.
Learn more about the different types of agreements by toggling on the button below.
Many circumstances may lead couples to choose legal separations, either prior to or as an alternative to divorce. Legal separation for a year is one of the grounds for divorce in New York. It can also be a valuable option if you are not yet ready for divorce, cannot divorce due to religious reasons, or are afraid of losing benefits such as medical insurance or a spouse’s retirement benefits.
Similar to a divorce, with a legal separation, you have a legally binding agreement that ensures such things as division of property, child support and custody, and spousal support. Because a separation agreement is a legal contract, the courts will enforce its terms. And when and if you decide to go forward with a divorce, the majority of the issues have already been resolved in the separation, saving time and money
Prenuptial and postnuptial agreements are contracts entered into by the two marital partners, either prior to the marriage or during the marriage, that cover financial aspects and division of assets in the case that the marriage terminates at some point in the future.
While marital assets, or anything acquired by the couple during the marriage, belong to both parties and must be divided equitably during a divorce, things acquired before the marriage remain separate property. Having a prenuptial or postnuptial agreement serves to:
With a prenuptial or postnuptial agreement, the couple has set expectations in legal contractual form, so they are not left to the courts in case of divorce. Ryan Besinque can help if you are looking for a prenuptial agreement attorney or a postnuptial agreement attorney.
Life is all about change, and circumstances will often change for a couple throughout the years, even after a divorce is final. One marital partner may want to relocate, or a custodial parent may ask for a modification of child support terms. Any changes to the original agreement should be modified legally so that its terms can be enforced by the courts should the necessity arise.
If you need to modify the terms of your divorce settlement agreement, the New York divorce lawyers at The Law Office of Ryan Besinque would be glad to help. Contact the team of Ryan Besinque, Esq for a free consultation (929) 251-4477.
While any divorce can be complicated, this is especially true for high net worth divorces. High net worth divorces are defined as ones that involve a million dollars in net liquid assets and over.
One of the primary concerns in many high net worth situations is the identification and equitable distribution of marital property. These divorces tend to be particularly complex due to the need to locate and categorize assets, determine fair and supported valuations of those assets, and distribute them fairly between partners. In some cases, one spouse may suspect the other has hidden assets which can require substantial investigation. Custodial issues can also become conflicted and contentious.
It is critical for anyone anticipating a high net worth divorce to get the representation and guidance of a New York divorce lawyer with extensive experience handling high net worth situations.
Toggle on the button below to learn more about:
New York State legalized same-sex marriage, enacting the Marriage Equality Act in 2011. In 2015, national laws recognized same-sex marriage. Because of this, same-sex couples are now afforded the ability to get divorced the same as heterosexual couples.
For those who were legally married or otherwise entered into same-sex civil unions or domestic partnerships in New York or elsewhere, you may be able to get divorced under New York’s divorce laws. In most cases, the courts will be able to grant a same-sex divorce for those who have lived in New York for at least a year, but there are also other options.
Legislation is still evolving in many areas of the country concerning same-sex divorce, so it is essential to get the advice of a New York divorce attorney who is experienced in same-sex divorces to understand where your situation fits into our divorce laws.
While divorce is always stressful, it is compounded for those who have suffered through a violent marriage. Living through domestic violence is grueling enough, but divorcing a violent spouse comes with its own dangers. If your life is in danger, you should seek safety first and foremost. Call the police, file a restraining order, and get away from your abuser, if possible.
Many spouses of violent individuals are afraid of the potential for physical harm or further abuse that can ensue when they attempt to divore the violator. But leaving the home may impact your rights to alimony and child support. In these cases, it is critical to get help from a highly experienced divorce lawyer in New York who specializes in domestic violence cases.
The experienced domestic violence divorce attorney Ryan Besinque understand the legal, emotional, and physical issues that surround leaving a domestic abuser. We help clients who are seeking to escape abuse by:
While domestic violence is a real and serious problem in New York, there are some instances when a spouse has been wrongfully accused of domestic violence and abuse during a divorce proceeding. Some spouses find themselves fighting accusations that will impact:
The court’s main objective is to ensure that no spouse or child should be the subject of domestic violence and they have been known to be overzealous in this respect. Having an experienced New York domestic violence lawyer at your service is essential to ensure that your rights and those of your family are being protected. Speak with the team of top-notch lawyers led by Ryan Besinque Esq today (929) 251-4477.
With our vast understanding of NYC family law, we help our clients evaluate all options and potential outcomes so that they can make educated decisions about their future. We specialize in NYC family law as well as criminal law as it concerns family and divorce matters. We take a measured approach between compassionate dedication and aggressive representation when the situation warrants it, protecting the rights and interests of our clients and their families every step of the way.
When it comes to any family law dispute, whether it concerns a custody dispute, child support, or an order of protection, having the skilled legal counsel of an experienced family law attorney is critical. Don’t face this alone. We are here to help, call now (929) 251-4477
Co-Parenting can be an ideal arrangement for the child(ren) involved when things go smoothly. It also requires parents who are willing and able to work together to ensure they put the child’s needs before their own. This article will examine what it takes for a successful co-parenting relationship. What does
Divorce is never easy, but some married couples might find that it’s their only option. New York is a state that recognizes both fault and no-fault divorce grounds. Unfortunately, some spouses may even choose to drag out the divorce process for a variety of reasons, such as to gain leverage
To many, Family Court is a foreign land with rules and procedures that remain a mystery until you actually go for a visit. While a trip to Family Court is not a vacation, being familiar with how the process unfolds will help make that trip a little more comfortable. What
The divorce process in New York has historically been a lengthy and costly procedure. As a fault-based divorce state, one spouse had to allege the other at fault for the divorce under specific grounds. The only other options besides fault-based grounds were to separate for a period of a year
Parents are entitled to care for and access their children. In joint custody cases, parents have the opportunity to visit their children and make plans for their future. However, there are cases where child custody cases get very contentious. Both parents have the right to access their children. Conflict could
Going through a divorce can be a highly-charged and emotional situation. Especially in fault or contested divorces, the communication between spouses has likely deteriorated and efforts toward cooperation can already be tenuous. Getting the help of an experienced New York City divorce attorney can be beneficial, especially if you are
Divorces are seldom friendly transactions, even uncontested ones. Stalling a divorce can happen when one party does not want the divorce, is bitter about it, or when they are trying to buy time to manipulate finances. Dragging out a divorce is not only unfair and manipulative, it usually ends up
The divorce process in New York has historically been a lengthy and costly procedure. As a fault-based divorce state, one spouse had to allege the other at fault for the divorce under specific grounds. The only other options besides fault-based grounds were to separate for a period of a year
Navigating a divorce is never easy. While it is an emotionally fraught and tense time, having an experienced and knowledgeable attorney in your corner keeps your future financial and emotional best interests and those of your family in sight even when you are unable to do that for yourself.
At The Law Office of Ryan Besinque, PC, our skilled New York divorce attorneys have represented hundreds of clients just like you. We work tirelessly to ensure that you feel heard, protected, and your best outcome has been achieved. Contact us online or call us at (929) 251-4477 to schedule a consultation.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Please be advised that the results achieved in any given case depend upon the exact facts and circumstances of that case. The Law Office of Ryan Besinque cannot guarantee a specific result in any legal matter. Any testimonial or case result listed on this site is based on an actual legal case and represents the results achieved in that particular case, and does not constitute a guarantee, warranty or prediction of the outcome of any other legal matter.
Powered by BSPE Legal Marketing.
