New York City Divorce Lawyer
We are here to help. Get in touch for a confidential, no-cost consultation with Ryan Besinque today.
New York City Divorce Lawyer
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.
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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.
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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.
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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
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 in negotiations, inflict emotional pain, or exhaust the other spouse’s financial resources.
In any case, an experienced divorce lawyer can provide support and legal advice, helping you navigate any roadblocks or delays that may arise during the divorce proceedings. At The Law Office of Ryan Besinque, our team of experienced New York uncontested divorce lawyer can also assist you and your spouse in reaching a mutual agreement regarding the terms of your divorce, such as child custody, visitation rights, and spousal support. Call us at (929) 251-4477 to schedule a consultation.
In Manhattan, New York City and the state as a whole, there are laws that recognize fault and no-fault grounds for divorce. It’s also possible to get a contested or uncontested divorce. Although all of these options exist for those who are looking to end their marriage, the divorce process can still be complex. As a result, it’s always wise to consult with an uncontested divorce lawyer to get a better idea of what might happen and how much it might cost.
If a divorce between two people in New York is contested, it means that one spouse wanted to get a divorce while the other did not want it. This can complicate matters and require the assistance of a family law attorney.
An uncontested divorce takes place between spouses who agree that their marriage is no longer worth salvaging after they’ve exhausted all options to fix things. However, even though the spouses agree, it’s still a good idea to retain an uncontested divorce lawyer to represent you in your case.
When you and your spouse have decided that you will get an uncontested divorce in Manhattan, it could take anywhere from four to 12 months. The exact length of time before your divorce is final depends on a variety of factors. Some of those include typical concerns such as alimony, child support, and division of property.
Because it’s possible to seek a fault or no-fault divorce in New York City, you can get a better idea of how much your uncontested divorce might cost based on the divorce grounds. If you have filed a no-fault, uncontested divorce, it’s the cheapest option and can make the process much easier and faster.
If you file a fault uncontested divorce, your spouse might challenge the grounds for divorce even if they agree to the divorce itself. Adultery is the most common divorce ground, but it’s not unusual for a spouse to challenge that or cruel and inhumane treatment if they have a history of abusing you.
During a divorce, both parties often seek a fair division of their shared assets. However, some departing partners may attempt to hide their financial assets. This concealment can impact the determination of spousal maintenance or child support since the judge cannot consider the value of the hidden assets. Nevertheless, in a contested divorce, both spouses have access to the discovery process, which helps identify all assets and puts them on a level playing field.
Spousal maintenance, also known as alimony, is often a contentious issue during a divorce. In contested divorces, the spouse seeking financial support must demonstrate to the court that they have given up significant opportunities during the marriage, such as leaving school to work or serving as a caregiver for a disabled child. If the judge determines that there are valid reasons for the request, they may grant alimony.
Sometimes, an ex-spouse may be unwilling to compromise on the terms of the divorce. In such cases, pursuing a contested divorce may be the best option to avoid an unfair settlement. While it may take longer, a contested divorce can result in more equitable terms.
When parents disagree on the terms of a divorce, they may also disagree on co-parenting arrangements such as child custody, support, and visitation. The family court judge considers the children’s emotional and physical needs, each parent’s ability to provide for them, each parent’s relationship with them, and the children’s own wishes to determine what is in their best interests.
If no-fault divorce is not an option for you and your dispute cannot be resolved without a trial, your case may cost around $50K. Consider that the official costs for a day in court cost $120 and an hour with a lawyer around $350. The result is that you will have to pay more if your divorce drags on. You should also consider other expenses such as serving and filing your spouse, paying a financial advisor, and so forth.
A mediator is a great option for those who are unable to end their marriages amicably. You can reach a settlement under the mediation’s guidance for between $100 and $250 per session. This is a far more cost-effective option than fighting for every point in court.
General consultation with a divorce attorney is required in most cases. Divorce attorney costs are a strong determinant of marital termination expenses. The average hourly rate for a divorce lawyer in New York is $350. If you have not already dealt with any other issues, expect to spend at least 1,000 dollars for your divorce procedure.
Divorce is generally a major financial challenge for your family. Try to find cheaper alternatives if you can. If you are hopeful of fixing things, you can start family counseling. You can also choose to separate when you require time and space from your partner. If nothing else seems to work, consider divorce. However, regardless of how inexpensive you are willing to make your divorce, it is worth hiring professionals at minimum for primary assistance.
On average, divorce in New York can cost around $17,000. However, an uncontested divorce can be as cheap as $5,500. That’s in vast contrast to a contested divorce, which can be as high as $50,000 on average.
There are fees to consider in addition to those you pay to your attorney. You have to take into account the court fees and other costs related to filing the divorce papers.
If you’re considering divorce in New York and want to learn more about how much it might cost, contact an uncontested divorce lawyer at your earliest convenience.
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Can a law firm handle multiple aspects of a divorce, like custody, support, and asset division?
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How does an attorney at law assist in a collaborative divorce?
What are the key aspects of divorce law that someone going through a dissolution of marriage should be aware of?
How are assets divided during a divorce?
What services do law offices and attorney’s provide during a divorce process?
How is the wedding date used in divorce proceedings?
What is the role of a law group in a divorce case?
What benefits can a lawyer practicing family law offer to someone going through a divorce?
What steps are involved in the divorce process?
How can a lawyer or lawyers assist with disputes during a divorce?
What is collaborative divorce and how does it differ from a traditional divorce?
What does child custody entail in a divorce case?
How does a trial proceed in a divorce case?
What are some alternative methods to traditional court proceedings in a divorce, such as arbitration?
What legal services does a family law attorney provide?
What does at law mean in the context of a divorce lawyer?
How do different courts handle divorce cases?
What differences are there between various firms and how they handle divorce cases?
How can attorneys, lawyers, and law firms help to represent someone in a divorce?
What does custody involve in a divorce?
What support is available for someone going through a divorce?
How can a marriage be legally ended?
What should someone consider when choosing a divorce lawyer or divorce lawyers?
What is the role of an attorney in a divorce case?
Can you explain the role of prenuptial agreements in a divorce according to divorce law?
What are the most common grounds for divorce under family law?
How do attorneys at your law firm handle cases involving fault-based divorce vs. no-fault divorce?
Could you elaborate on the process of achieving joint custody of children after a divorce?
What are the factors that influence visitation rights in family court?
How does spousal maintenance work in the event of a dissolution of marriage?
What are the benefits and drawbacks of collaborative divorces compared to traditional divorce proceedings?
Can you explain the role of mediators in collaborative divorce cases?
As an attorney at law, how do you view the role of mediation in divorce proceedings?
How does divorce law differ when dealing with uncontested divorce cases?
How is the amount of child support determined in child custody cases?
What is the typical process for determining spousal support following a divorce?
How does your law firm handle cases related to family law, particularly relating to child custody and support?
What should parents know about their children’s rights during a divorce proceeding?
How does legal separation differ from divorce, and is it an alternative worth considering?
Can lawyers assist in setting up prenuptial agreements before marriage?
What are the advantages of collaborative approaches to divorce resolutions, such as mediation and arbitration?
In a trial, how are decisions made regarding alimony and asset division?
How does your law firm handle particularly complex divorce cases?
Can you provide information on the alternative of arbitration in divorce cases?
How does a lawyer’s role change when an uncontested divorce shifts to a contested one?
Can an attorney provide advice on both divorce law and family law?
Can a prenuptial agreement affect the outcome of child custody and child support decisions?
What role do mediators play in collaborative divorces and how does this differ from the role of attorneys?
What is the difference between spousal support and spousal maintenance in family law?
How does a lawyer decide on the best interest of children during a legal separation?
What should you look for when choosing lawyers for a divorce?
Can mediation be an effective alternative for a no-fault divorce?
How do prenuptial agreements influence the decision of grounds for divorce?
Do all attorneys specialize in family law, or should I look for a specific attorney for my divorce?
How does joint custody work, and how are visitation rights established?
What is the difference between a fault-based divorce and a no-fault divorce?
How does a case proceed in a family court for a divorce?
Can spousal maintenance be a factor in collaborative divorces?
What are the benefits of approaching a law firm versus a solo attorney at law for a divorce?
How do mediators help in a collaborative divorce?
What are the key factors that influence divorce law in terms of dissolution of marriage?
What is the role of a divorce lawyer in the entire divorce process?
How would you, as my attorney, handle the law aspects of an uncontested divorce?
What are the factors that determine child support amount in a divorce?
How is child custody decided in a divorce case?
How does spousal support work, and what factors influence its amount?
As my attorney at law, how can you assist in easing the process of legal separation?
How is the process of a collaborative divorce different from traditional divorce methods?
What role does a mediator play in non-contentious collaborative divorces?
How does your law firm handle the complexities of divorce law?
What is the process of dissolution of marriage in a no-fault divorce?
How are child support and spousal support determined in an uncontested divorce?
Can you explain the difference between a lawyer, an attorney, and an attorney at law in the context of family law?
What is an uncontested divorce and what are the benefits?
How does a lawyer determine child support in a divorce case?
Can you explain the process of deciding child custody?
How is spousal support calculated and under what conditions is it awarded?
Can you explain the role of family law in divorce proceedings?
How are the best interests of the children protected during a divorce?
What does legal separation entail and how is it different from divorce?
How do lawyers work together in a divorce case?
What is the role of mediation in a divorce and when is it advisable?
What does no-fault divorce mean and how does it affect the divorce process?
How do prenuptial agreements affect divorce proceedings?
What are the common grounds for divorce under divorce law?
How do the roles of attorneys differ in divorce cases?
How is joint custody determined and managed?
What are visitation rights and how are they determined?
How does a fault-based divorce differ from a no-fault divorce?
What is the role of the family court in a divorce case?
Can you explain what spousal maintenance is and when it’s applicable?
What are collaborative divorces and when are they the best option?
How can a law firm support someone going through a divorce?
What is the role of mediators in divorce cases?
How does an attorney at law handle a divorce case?
What does a collaborative divorce involve and what are its benefits?
Can you explain the key points of divorce law?
What does dissolution of marriage mean in legal terms?
What should someone expect from a divorce lawyer?
How does the role of an attorney differ from a lawyer in divorce cases?
How does law play a role in divorce proceedings?
How does the process of an uncontested divorce differ from other types of divorce?
What factors are considered when determining child support?
How is child custody decided in a family law court?
Can you explain the legal separation process and how it affects children?
How can lawyers assist in mediation during divorce proceedings?
How does a no-fault divorce impact the division of assets?
Are prenuptial agreements always upheld in divorce law?
What constitutes legal grounds for divorce in a fault-based divorce case?
How do attorneys collaborate in the case of joint custody?
Can you explain the concept of visitation rights in relation to child custody?
In what scenarios is a person required to attend family court during a divorce?
Can you clarify the difference between spousal support and spousal maintenance?
What is the role of a law firm in facilitating collaborative divorces?
How do mediators assist in the resolution of divorce disputes?
What is the role of an attorney at law in the context of a collaborative divorce?
What are the key principles of divorce law in regard to the dissolution of marriage?
How does a divorce lawyer handle disputes related to child support and child custody?
What can one expect when engaging an attorney for legal separation or divorce proceedings?
How does the law dictate the division of assets in a no-fault divorce?
What are the differences between a no-fault divorce and a fault-based divorce under divorce law?
Can you explain the role of lawyers and attorneys in the family court during a divorce proceeding?
How does mediation work in the context of divorce, and what is the role of mediators in this process?
What are the prerequisites and grounds for divorce according to law?
Can a prenuptial agreement affect the dissolution of marriage, and how?
Can you provide some insight into how joint custody of children is usually decided in a collaborative divorce?
How are visitation rights typically determined in family law cases involving children?
What kind of spousal maintenance could I expect to pay or receive following a divorce?
How does a law firm support its clients during collaborative divorces?
Could you explain the term ‘attorney at law’ and its relevance in divorce proceedings?
How is child support calculated in a divorce case?
How does law define ‘uncontested divorce’, and what are the benefits of it?
What is the typical process for determining child custody in a divorce case?
What factors influence the amount of spousal support in a divorce settlement?
In what scenarios can legal separation be considered instead of divorce?
Can you explain the role of attorneys in ensuring the rights and interests of children in a divorce case?
Are there any alternatives to litigation in family law, such as collaborative divorce or mediation?
How can a lawyer assist me in navigating the complexities of divorce law?
What should I expect from an attorney during the divorce process?
Is it possible to modify a prenuptial agreement during the course of divorce mediation?
As an attorney specializing in divorce law, what is your approach to an uncontested divorce?
What are the key aspects of family law that I should understand during this divorce process?
How does child support work, and how is it determined?
Could you explain the process for determining child custody arrangements?
What factors contribute to spousal support decisions?
How can our children be affected by the legal separation, and what can we do to minimize the impact?
How do lawyers typically handle mediation in a divorce case?
Could you explain the concept of a no-fault divorce and how it differs from a fault-based divorce?
How are prenuptial agreements factored into the dissolution of marriage?
On what grounds for divorce can one file in our state?
As attorneys, how do you and your team work towards achieving joint custody for your clients?
What are visitation rights and how are they determined?
How are cases handled in the family court?
What is spousal maintenance and how does it differ from spousal support?
How does your law firm handle collaborative divorces?
Who are the mediators used in the process of collaborative divorce?
As an attorney at law, what is your experience with divorce cases?
How does your law firm approach an uncontested divorce?
In the case of child support, how are the payments typically structured?
What are some common challenges that arise in child custody cases?
How is spousal support calculated and implemented in a divorce?
What are the key principles of family law that could impact my divorce case?
How does legal separation differ from an actual divorce?
What role do lawyers play in mediation during a divorce?
Could you explain the process of a no-fault divorce?
Do prenuptial agreements have a significant impact on grounds for divorce?
How is joint custody determined and managed in our state?
Could you explain visitation rights and how they are assigned?
What are the key differences between a fault-based divorce and a no-fault divorce?
How are divorce cases typically handled in family court?
Could you explain the term spousal maintenance and how it compares to spousal support?
How do collaborative divorces work and what are the benefits?
What are the roles of mediators in a divorce case?
As an attorney at law, what is your strategy for handling collaborative divorce cases?
How does divorce law in our state address the dissolution of marriage?
What should I expect during the divorce process?
How does a lawyer serve his or her client during a divorce?
What is your experience as an attorney at law specializing in divorce law and family law?
Can you explain the difference between a no-fault divorce and a fault-based divorce according to the law?
How is child support determined in an uncontested divorce case?
What factors are considered when determining child custody in the dissolution of marriage?
How does your law firm handle cases of contested and uncontested divorce?
How does a family court handle visitation rights for the non-custodial parent?
In terms of child custody, how does the law differentiate between children of different ages?
What advice would you give someone considering legal separation versus a divorce?
How does a collaborative divorce work and how does it differ from other types of divorces such as uncontested divorce and fault-based divorce?
Can you explain how joint custody is decided in family law cases?
How are spousal support and spousal maintenance determined in both uncontested and fault-based divorce?
How do lawyers and attorneys assist with collaborative divorces?
What are some common grounds for divorce that you’ve encountered as a lawyer in your law firm?
Can you provide some examples where mediation is used in divorce proceedings?
How are prenuptial agreements handled in the event of a divorce?
How are the visitation rights determined for children in a divorce case?
Can you explain the role of mediators in a family court during a divorce process?
What is the process for changing child support, child custody, or spousal support agreements after a divorce has been finalized?
How does the process of legal separation affect child custody, spousal support, and child support?
Can you provide some examples of cases where collaborative divorces were more beneficial than going through a traditional divorce process?
What is the difference between a no-fault divorce and a fault-based divorce in terms of divorce law?
How does the family court decide on joint custody and visitation rights for children in a divorce?
Can you explain the process of legal separation before the dissolution of marriage?
What role do mediators play in collaborative divorces and how does this differ from traditional mediation in family law?
How does the law differentiate between spousal support and spousal maintenance?
As an attorney at law, how do you work with other attorneys and lawyers in your law firm during a divorce case?
How can prenuptial agreements affect the grounds for divorce?
Can an uncontested divorce expedite the divorce process?
How does a divorce lawyer ensure that child support and child custody agreements are fair and in the best interest of the children?
Are there specific factors that can affect spousal support after legal separation or divorce?
In family law, how are the children’s needs considered in terms of visitation rights and joint custody?
Can the grounds for divorce impact the outcome of a child custody battle?
How can a collaborative divorce process influence the decision on spousal maintenance?
How can a lawyer or an attorney help ensure that my rights are protected during the mediation process?
How is a law firm different from individual attorneys or lawyers when it comes to handling divorce cases?
In cases of fault-based divorce, how does the family court make decisions regarding child custody and spousal support?
What are the benefits of choosing an attorney at law specialized in family law for handling my divorce case?
How does a divorce law firm assist in the process of legal separation and dissolution of marriage?
What role do mediators play in settling child custody disputes and spousal maintenance issues in a divorce?
How can prenuptial agreements factor into the proceedings of a no-fault divorce case?
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The divorce process in New York has historically been a lengthy and costly procedure. Previously, as a fault-based divorce state, one spouse had to allege that the other was 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 under a separation agreement or judgment.
In a traditional fault-based divorce, one spouse not only had to blame the other for the breakdown of the marriage, but they also had to prove it. Litigation and fault-finding often made divorce far more acrimonious, time-consuming, and expensive than it needed to be, often leading to extensive New York City divorce lawyer fees.
In the state of New York, we traditionally had six different grounds for divorce. Depending on which grounds the spouses alleged, it determined the requirements for the divorce.
Traditional fault-based grounds include:
But, as of October 2010, New York became the last state in the nation to finally enact a no-fault divorce ground. Now, marital partners may seek a divorce if the spouses allege that their relationship has been irretrievably broken for a period of at least six months.
In New York, divorces are broadly classified into two categories: contested and uncontested. An uncontested divorce is one where both partners agree on all major points such as asset distribution, child custody, and support. This type of divorce usually takes less time and is less costly. On the other hand, a contested divorce happens when couples can’t agree on these major points, which often leads to a more complex legal process.
New York employs the principle of equitable distribution when splitting marital property in a divorce. This principle entails that assets gained during the marriage are divided not equally but fairly, based on several factors. These factors encompass the duration of the marriage, each partner’s contribution to the marriage, and their individual financial circumstances.
Child custody and support are also crucial aspects in New York divorce proceedings. Courts give the highest priority to the child’s best interests when deciding custody. Joint custody, where both parents partake in the decision-making and care of the child, is usually preferred. Child support is generally determined based on a percentage of the non-custodial parent’s earnings and the number of children involved.
Additionally, New York divorce laws consider spousal support, commonly known as alimony or maintenance. The court may grant temporary or long-term support to the spouse with less financial stability, considering factors like the duration of the marriage, each partner’s earning ability, and their contributions to the household.
It’s noteworthy that New York mandates residency requirements for filing for divorce. Either partner must have resided in the state for a specific period, usually one year, before filing.
Whether dealing with an uncontested separation or a contested one, knowing one’s legal rights and obligations is crucial for ensuring a fair and appropriate outcome during a difficult period.
In New York State, the path to divorce can sometimes involve a period of separation, but it is not mandatory for all types of divorce. The requirement for separation before divorce depends on the grounds under which the divorce is being filed.
For those considering a no-fault divorce, which is the most common form in New York, there is no requirement to live separately before filing. This type of divorce can be initiated based on the marriage having irretrievably broken down for at least six months, without the necessity of proving a prior separation.
However, if you choose to file for divorce based on separation, New York law does have specific requirements. You and your spouse are required to live separately, either pursuant to a legally binding written separation agreement or according to a court-issued judgment of separation. Furthermore, for the divorce to be granted on this ground, the spouse initiating the divorce must have adhered to the terms set out in the separation agreement or the court judgment.
This separation agreement must be properly executed and acknowledged, and the required period of living apart under these conditions is generally for at least one year before a divorce can be legally filed. While separation is not required for all divorces in New York, it remains a valid legal ground for divorce for those who choose this route and meet the specified conditions.
If you’re considering divorce in New York State, it’s important to understand the legal requirements, including whether a period of separation is necessary. At The Law Office of Ryan Besinque, PC, our experienced New York City divorce lawyers are committed to providing compassionate and competent legal representation every step of the process. Contact us today to schedule a consultation and learn how we can assist you in making informed decisions about your future.
While the other fault-based grounds have not been eliminated and some couples still use them, divorcing spouses in New York can now take advantage of a no-fault divorce.
If one spouse seeks a divorce alleging the marriage has been irretrievably broken for at least six months, there is no need for defense by the other partner. A divorce will be granted as long as all the other issues are resolved, such as child support, child custody, marital asset distribution, and spousal support. Consequently, in this case, the couple is not required to be separated for a year as required by some of the other fault-based grounds for divorce.
In New York, divorce was traditionally fault-based, requiring one spouse to accuse the other of specific grounds for divorce, leading to a lengthy and costly process. The traditional grounds for fault-based divorce included abandonment, cruel and inhuman treatment, imprisonment of a spouse for at least three years, adultery, the judgment of separation, and separation agreement. This often led to an acrimonious, time-consuming, and expensive process as the spouse seeking the divorce had to prove the other was at fault for the breakdown of the marriage.
However, in 2010, New York became the last state to introduce a no-fault divorce option. Under this option, spouses can file for divorce if their relationship has been irretrievably broken for a minimum of six months. The other partner does not need to defend themselves, and divorce is granted once other issues such as child support, custody, marital asset distribution, and spousal support are resolved.
This option has made fault-based divorces less common because of a no-fault divorce’s more expeditious and less expensive process. Without the need for proof of bad behavior, couples can communicate civilly and co-parent more cooperatively. Nonetheless, fault-based divorces are still available in New York, and some couples still choose to use this option based on the specifics of their case.
| Grounds for Divorce | Additional Requirements |
|---|---|
| Cruel and inhuman treatment, or the mental or physical abuse of a spouse | Must prove fault and abuse |
| Abandonment of a spouse for a period of one year | Must prove fault and abandonment for a year |
| Imprisonment of a spouse for at least three years | Must prove fault and imprisonment for at least three years |
| Adultery | Must prove fault and adultery |
| Judgment of Separation when spouses have not lived together for at least one year under the terms of a Decree of Separation or Judgment of Separation | Must have lived apart for at least one year under a legal separation agreement |
| Separation Agreement when spouses have not lived together for at least one year under the terms of an Agreement of Separation | Must have lived apart for at least one year under a separation agreement |
| Irretrievable breakdown for a period of at least six months | No need to prove fault or live apart for a specific period |
Although fault-based divorces are still used, these types of divorces are becoming rarer. With the availability of no-fault divorces, the process is more expeditious and less expensive than the traditional fault-based options. And without the need for fault-finding and proof of the other spouse’s bad behavior, couples are often able to communicate more civilly with one another and co-parent their children more cooperatively.
If you are considering a divorce in New York City, a no-fault option may be one you want to consider. Contact the experienced NYC divorce attorneys at The Law Office of Ryan Besinque to get more information on divorce grounds and no-fault divorce options.
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.
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