NYC Divorce Lawyers
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Divorce Attorneys NYC

The ÍøºìºÚÁÏis an elite NYC divorce law firm that provides excellent results and service for its clients. Our NYC divorce attorneys handle tough cases that require experience, and excellence, to win.

Our NYC Divorce Lawyers Treat You Like Family

If you’re going through a divorce, you need a team of divorce lawyers who understand how stressful this process is – and will work on making it less so – when possible. Our NYC matrimonial lawyers understand the emotional and financial burden associated with a divorce case. With over 50 years of combined experience, we’ve seen virtually every type of divorce case. We understand the law, and how huge it’s influence could be on you. Our NYC divorce lawyers look at the full picture when advising you, and make recommendations that are comprehensive. Our goal isn’t just to win, it’s to come up with a solution that works for you and your family.

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The ÍøºìºÚÁÏhandles tough cases that are featured in major news publications

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The ÍøºìºÚÁÏis one of New York&)’s in divorces as well

If you and your spouse have retirement savings, this is very important and a huge part of your financial security. Divorce can throw a huge wrench into your plans. For example, if you had a settlement – with the help of a personal injury lawyer, this settlement could be an issue when facing divorce. As a result, it’s good if you speak to our attorneys have your pension plans, 401(k)’s, and other retirement benefits. We will fight tooth and nail to ensure you keep as much of your retirement savings as possible. Under the New York Domestic Relations Law, it’s law that the defendant spouse is entitled to a share of the retirement plan proceeds. In case you were married after a 401k/retirement fund was made, the dependent spouse can’t claim an interest in the funds. One of the things we can advise you on, is tax planning when it comes to your 401k. Cashing out early can expose you to tax liabilities. We can help you negotiate a settlement which allows you to gain ownership in the funds without having to pay immediate taxes.

We can help you resolve child custody issues after the divorce happens

This is a very important question. Custody is usually divided into two components, physical and legal. Physical means where the children live. Legal refers to who makes important decisions for the children. Both of these custodies can be either joint, or sole. In NY, there are laws which calculate child support payments. The amount is based on each parent’s income. If there’s a judge presiding over your divorce, then the judge has ultimate authority on child support. The judge has the option to deviate from the guidelines.

Is New York a 50/50 divorce state?

When it comes to property division in a divorce, the state of New York operates under the principle of “equitable distribution.” This means that a judge will decide how to divide property and debt in a manner that is deemed fair, but not necessarily equal.

One important concept to understand is the distinction between “separate property” and “marital property.” Separate property includes all possessions and property acquired before the marriage, property inherited or given as a gift by a third party, and any compensation for personal injuries. These assets are not subject to equitable distribution laws, and will remain in the possession of the owning spouse.

On the other hand, “marital property” includes any property acquired during the marriage with marital funds. No matter which spouse earned it or whose name appears on the title, it will be considered joint property and will be subject to division by the court.

It’s worth noting that separate property can turn into marital property if it was maintained through the use of marital funds, or if it increased in value due to the contributions of both spouses.

When it comes to debt division, the court will also use the principle of equitable distribution. Debts accumulated during the marriage by one or both of the spouses are deemed marital debts and the equal obligation of the parties. However, there may be room for deviation if one party incurs debt in a way that would be deemed unfair to burden the other party.

To protect yourself when it comes to debt allocation in a divorce, it’s crucial to gather and retain as much documentary evidence as possible regarding debts incurred during the marriage. This applies whether you claim a debt to be marital, or if you intend to argue that you should not be held responsible for the debts incurred by your spouse. Remember, documentation is key.

Can I change my name at the time of divorce in NY?

Going through a divorce can be a difficult and emotionally taxing experience, and for many New Yorkers, it’s also a time when they may wish to revert to their maiden name. But how exactly does one go about changing their last name post-divorce? Don’t worry, the process is not as complicated as it may seem.

First things first, you’ll need to finalize your divorce and make sure that your divorce judgement includes a provision that authorizes your name change. This is standard procedure in most divorce decrees, but if for some reason this provision was left out, don’t fret. You can contact the court handling your case to see if the document can be amended, or if that’s not an option, file a name change petition.

Now, what documents do you need to legally change your name after divorce? You’ll need a certified copy of your Judgment of Divorce, proof of identification (such as a driver’s license or passport), and proof of age (like a birth certificate or hospital records). Don’t have any of these on hand? No problem, you can request them and purchase a certified copy of your Judgment of Divorce from the County Clerk’s office in the county where your divorce was granted. Just be aware that there may be a small fee, depending on the county and number of pages in the final decree.

Once the legalities are taken care of, it’s time to notify the appropriate parties of your name change. This includes your employer, family members, friends, and government agencies such as the U.S. Postal Service, Department of Motor Vehicles, and Social Security Administration. Don’t forget to update your information with financial institutions, health insurance companies, healthcare providers, and your children’s school.

Now, you may be wondering, is there a time frame for changing your name in New York? The short answer is no, there isn’t a set time frame, but some couples opt to include a stipulation in their final divorce decree outlining a time frame. Most couples proceed with a name change once their divorce has been finalized.

So there you have it, a step-by-step guide on how to change your last name after divorce in New York. It may seem daunting, but with a little bit of organization and patience, you’ll be able to confidently reclaim your maiden name.

Can I get an annulment in New York?

The end of a marriage is often a difficult and emotional process, but it doesn’t have to be a one-size-fits-all situation. While divorce may seem like the only option, there is another path to consider: annulment.

Annulment is a legal process that retroactively declares a marriage to be void or invalid from the very beginning. It may be an attractive alternative for those with religious or cultural objections to divorce. However, it’s important to note that annulment is only granted in very limited circumstances by the state of New York.

There are two types of marriages that can be annulled: void and voidable. A void marriage is one that is bigamous, incestuous, or performed by an unauthorized person. These marriages are considered unlawful and will never be recognized as valid in New York. A voidable marriage, on the other hand, can be annulled if one or both spouses can prove to the court that they have legal grounds to do so.

There are only five recognized grounds for annulment in New York: at least one spouse was a minor at the time of marriage, at least one spouse suffered a mental incapacity that rendered them unable to consent, the union took place under fraud, coercion, or duress, at least one spouse suffers from incurable mental illness or insanity, or at least one spouse is unable to have sexual intercourse. However, it’s important to note that in some cases, the claim to annulment may be “waived” even if the grounds are valid.

The process of obtaining an annulment can be more complicated than getting divorced. Unlike divorce, there are no “uncontested” annulments that allow the parties to avoid court. Each petition requires a hearing and a trial. The petitioner must present evidence that proves at least one of the grounds for annulment has been met. It’s highly recommended that you seek the guidance of an experienced New York divorce lawyer to help you navigate the legal paperwork and state laws, rules, and procedures.

An annulment may not be the right choice for everyone, but it’s worth exploring as a viable option. With the help of an experienced lawyer, you can determine if you are a good candidate for annulment and present your case to the court.

When can I file for divorce in New York?

Navigating the often overwhelming and confusing world of divorce can be a daunting task. But with the right resources, knowledge, and guidance, the process can be made much simpler. If you’re considering getting a divorce in New York, there are a few key things you need to know and steps you need to take in order to ensure a smooth and successful outcome.

First and foremost, it’s important to understand the residency requirements. In order for New York courts to hear your case, you must be able to demonstrate that either you or your spouse have lived in the state for at least one year prior to filing for divorce.

Next, you’ll need to familiarize yourself with the grounds for divorce in New York. The state recognizes seven grounds on which you can base your divorce, including: relationship breakdown for at least six months, inhuman and cruel treatment, abandonment, adultery, imprisonment of a spouse for three or more years, separation, and judgment separation.

If your divorce is considered “uncontested,” meaning that you and your spouse agree on the terms of the divorce or your spouse does not respond to your complaint, you’ll need to gather the necessary information in order to complete the forms. This includes things like your name and address, a copy of your marriage certificate, any agreements or settlements reached with your spouse, a list of joint or separate property and debts, and any Orders for Protection.

Once you’ve gathered all of the necessary information, it’s time to prepare and file the forms. New York courts require a relatively large number of forms, which vary depending on whether or not you have children. After making sure that your forms are correct and complete, you’ll need to file a Summons and Complaint with your County Clerk’s Office. Some courts also allow for e-filing, so be sure to check the e-filing county list to see if this option is available to you.

After filing, you’ll need to serve the forms to your spouse, which must be done within 120 days of the filing date. You can’t personally serve your spouse, so you’ll need to assign another person who is a resident of New York and over the age of 18 to do this for you.

If your spouse agrees to the divorce, they’ll need to return a completed form within 40 days of receiving the papers. If they fail to respond, this is considered a “default.” However, if they file an answer disagreeing with anything in your divorce papers, the divorce is no longer considered uncontested.

Finally, it’s time to get your case on the court calendar. Whether your spouse agrees to the divorce or defaults, you’ll need to take this step in order to move forward with the process. Remember, the key to a successful divorce is having the right resources, knowledge, and guidance. With this in mind, you’ll be able to navigate the process with confidence and emerge on the other side with a brighter future ahead.

How long does it take to get a divorce in New York?

Do I have to go to court for a NY divorce?