Know Your Rights
A New York City Uncontested Divorce Lawyer Can Help
If you are preparing to file for divorce, it is in your best interests
to take the time now, before you do anything else, to learn about your
rights in the situation. Ignorance of the basic rights in divorce is one
of the most common reasons why people end up unhappy and dissatisfied
with the final outcome of the case. They get the process started and then
before they know it the divorce is moving forward out of their control
and without them fully understanding what is happening. Suddenly the divorce
is finalized and they find out that they have been deprived of their fair
share of the marital estate or have been left with court orders for
child custody and
child support which make life difficult.
Fortunately, this does not have to happen to you, because you have the
chance now to arm yourself with basic information about the case and to
get help from an experienced New York City uncontested divorce attorney
from H. Benjamin Perez & Associates, P.C.
Your Right to Stay in Control of Your Divorce
One of the first and most important rights you have in your divorce is
to seek an
uncontested divorce. This means that you do not have to expose your private matters to public
scrutiny in a courtroom, and you do not necessarily have to accept the
arbitrary decisions of the family law judge. In an uncontested divorce,
it is you and your spouse who decide the final outcome, which is appropriate
because nobody knows better how your divorce should be decided than the
two of you. The settlement you reach will have to be approved by the judge,
but an attorney from our firm can assist you in negotiating an agreement
which works in your favor while also abiding by the dictates of state law.
Your Right to a Fair Outcome
You have the right to file for divorce on any one of New York's fault-based
grounds, including cruel and inhuman treatment, willful abandonment, imprisonment
or adultery. Alternatively, you also have the right to get a no-fault
divorce based on evidence that your marriage has been irretrievably broken
for a minimum of six months.
As mentioned above, the outcome of your uncontested divorce is up to you
and your spouse, provided that the
terms of divorce are in accord with the requirements of New York law. For example, the
arrangements you make for custody and
visitation with your children must serve the best interests of the children. Neither
the father nor the mother, however, will benefit from any presumption
in this matter. In other words, either parent may end up with sole physical
and legal custody, or both may share custody. The same is true in matters of
asset and debt division, where the law expects that the division of shared property will be fair
and equitable even if it is not strictly equal. As you can see, the overall
guiding principle in New York divorce law is to ensure that the interests
of both spouses are served and that the final outcome of the case is as
fair as possible.
A NYC Uncontested Divorce Lawyer Helping You Protect Your Rights
On all of these issues and more, you can find knowledgeable guidance and
compassionate support in your divorce by coming to our firm for help.
We have more than 20 years of combined experience, and have assisted countless
couples with resolving questions similar to the ones you now face. At
every step of the process, we make it our goal to ensure that your rights
are protected so that you can walk away from the divorce in the best possible
situation to begin a new chapter in your life. Looking for an attorney
for your divorce in New York City?
Contact us now to speak with a NYC uncontested divorce attorney and schedule a
free case evaluation.