New York City Divorce Lawyer

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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.  We will 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.

Ryan Besinque Explains Divorce Requirements in NY

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.

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 order to divorce in NY state, a divorcing couple must meet residence requirements and have legal grounds to end the marriage.

In the state of New York, you must meet at least one of these requirements in order to file for divorce:

 

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:

Irretrievable breakdown of the marriage, commonly called a no-fault divorce

The marriage has been "irretrievably broken" for six months. All financial, custody, and support issues have been mutually settled.

Divorce after a legal separation

Both partners have executed and filed a legal separation agreement and have lived apart for one year.

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.

Divorce after a judgment of separation

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.

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No-Fault Divorce in New York: Ryan Besinque, Divorce Attorney Explains

In 2010, New York became the last state in the nation to enact no-fault divorce laws. While this legislation doesn’t repeal the previous laws, no-fault allows a couple to divorce based on the grounds of both parties agree that the marriage was irretrievably broken.

Prior to statute, one partner would have to accuse the other of other grounds such as adultery, abandonment, cruel and inhuman treatment, or other grounds. Not only did old rules make a divorce far more contentious than it needed to be, but grounds for divorce were often difficult to prove. Consequently, a no-fault divorce is the preference for many divorcing couples today.

Divorce Attorneys Explore the Difference between Contested and Uncontested Divorce in NYC

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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divorce lawyer and divorce attorney Ryan Besinque
Although people tend to assume that their divorce will be contentious and unfriendly, having the assistance of a skilled divorce mediator can assist you in navigating the turbulent waters of a divorce with less animosity. Getting the assistance of an attorney as an experienced neutral party to mediate specific problematic issues serves both partners and can open the door for mutual communication and problem-solving into the future. Divorce

mediation

is often less expensive, quicker, and easier than the traditional divorce route and enables the couple to keep the control of decisions in their own hands instead of by a judge. When partners can mutually work together to resolve their differences fast, this not only helps with future communications between them but can also benefit their offspring.
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 here is h tag

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:
  • The resources of both parents
  • Whether one parent’s income is far greater than the other’s
  • Any special needs that the offspring may have
  • The offspring’s educational services or medical needs
  • The standard of living of the offspring pre-divorce
  • Non-monetary contributions of both parents
If you have questions about how offspring support works, you should consult your NYC divorce attorney 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.

Divorce Lawyers on Child Custody and Visitation Rights

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 divorce 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.

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How Can You Get Alimony, Spousal Support, or Maintenance?

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:

  • Identify separate assets
  • Allocate responsibility for debts that were incurred before marriage
  • Address any expectations for spousal support, child support, and custody
  • Help provide for children from former marriages

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.

What Are the Legal Aspects of Post-Divorce Modifications?

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.

Our Clients Testimonials
Reanna Hodkiewicz
Reanna Hodkiewicz
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I was looking for a lawyer to handle my child support case and didn’t know where I should go. I searched the internet and found Ryan Besinque. I checked his reviews and it seemed like he was a truly wonderful person and an excellent attorney. After comparing him to other lawyers, I decided to pick Ryan to represent me in court. I have been really pleased with my choice. Everyone on his team is experienced and well-informed. If you leave a voice message or send an email, someone gets back to you almost right away. I am completely satisfied with my child support and I highly recommend Ryan Besinque to anyone needing help with their child support case.
Kurtis Collier
Kurtis Collier
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Hiring Ryan Besinque is the best decision I have ever made. He made everything so simple and easy. Even though my case was complicated, he was very clear and concise. His professionalism is top notch! I would highly recommend him to anyone needing a child custody lawyer.
Nikki Lueilwitz
Nikki Lueilwitz
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I hired Ryan Besinque for my divorce mediation not too long ago. Ryan was patient and very knowledgeable with all of my questions. He took the time to make sure I understood my situation. It was a relief to have him handle my case. Ryan and his team were extremely professional and understood and worked with me throughout the process. They responded quickly to my emails and calls, which was proof that they value me as a client. They were very helpful and efficient in resolving my problem. Thanks a lot guys!
Kirstin Crist
Kirstin Crist
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Ryan provided exceptional service and exceeded all my expectations. He was helpful and responsive. I was able to get my child custody case settled in no time thanks to him. Without him, I wouldn't have been able to get through this. I won’t hesitate to recommend him to anyone!
Alexys Schuppe
Alexys Schuppe
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Finding the perfect family law attorney for my case was really hard. I searched the internet and stumbled upon Ryan. Ryan Besinque is among the smartest, sharpest, and the most experienced attorneys that I have ever met. He was always one step ahead of the situation. He gave fantastic legal advice and did a great job on my case. I definitely recommend him!
Kaelyn Wiegand
Kaelyn Wiegand
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The Law Office of Ryan Besinque was my first choice when I searched for a divorce lawyer. Ryan and his team are the best! They listened and drafted all the legal documents I required. They kept me up to date with all the steps and deadlines so that my divorce was completed quickly. I would highly recommend this law firm.
Samara Glover
Samara Glover
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Attorney Ryan Besinque was a great help during my difficult divorce. He is a highly experienced, seasoned, and no-nonsense attorney. He provided excellent advice and clarity in my divorce proceedings. Ryan, thank you! You are the best divorce lawyer in New York!
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Going Through High Net Worth Divorce in New York

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 lawyer at The NY Law Office of 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:

  • Advising them on filing orders of protection, temporary restraining orders, exclusion orders, or emergency protection
  • Guiding them in the implementation of a critical safety plan for themselves and their children
  • Protecting children from dangerous or damaging custody situations
  • Seeking ample spousal and child support that the family will need to go forward
  • Protecting the family as they move on with their future

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:

  • Being able to share custody and visitation of their children
  • Their relationship with their children
  • Exclusion from their home
  • Unfair criminal charges
  • Experiencing future reputation and employment damage even though they may not be convicted

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 a dedicated NYC divorce lawyer is critical. Don’t face this alone. We are here to help, call now (929) 251-4477

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Getting Knowledgeable and Experienced Legal Guidance

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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.