No divorce matter is the same, as no two couples are alike. Their needs and goals differ from other spouses’, which is why it’s essential to depend on attorneys who are well-versed in all types of divorce. Our highly trained New York City divorce lawyers are equipped to handle a variety of cases, no matter how complex.
Uncontested vs. Contested Divorce in New York
New York law allows for a no-fault divorce. Although you will no longer be required to establish grounds for the divorce — other than the marriage being irretrievably broken — all of the issues regarding property division, child and spousal support, and custody still must be resolved. This is where you need a skilled trial attorney from our firm to represent your rights.
- Uncontested: If you and your spouse can agree on the terms of your divorce, your New York City divorce attorney can act as a mediator and establish the details and conditions of your divorce.
- Contested: If there is contention and disagreement in the divorce, then a judge will decide your future.
Benefits of Hiring a New York Divorce Lawyer
If you are not familiar with the divorce process, it may be extremely difficult to accurately fill out paperwork, take the necessary steps to protect yourself and your children, and follow court procedures correctly. In the end, it can be much more expensive and riskier to represent yourself rather than working with an experienced New York City divorce attorney who can handle your legal issues accurately and strategically.
A divorce case can take unexpected twists and turns, involving issues such as:
Motions for contempt for non-compliance with the court's orders and motions to modify existing support or custody orders due to substantial changes in your circumstances may be necessary actions when you are undergoing a divorce. As such, you must address these issues accordingly with the help of our New York City divorce attorney to best prevent making costly mistakes that could hurt you and your family’s livelihoods.
How Long Does a Divorce Take in New York?
The shortest length of time to get a last hearing for divorce is 31 days from the date of service. Typically, many divorces balance a minimum of 45 days or longer. In some cases, where couples cannot agree, the divorce can drag out for months or perhaps years. It is best to discuss the scenario with your NYC divorce lawyer.
Is New York a Community Property State?
New York is not a community property state. Property division in New York state is governed by equitable distribution. In other words, marital property will not be divided equally among two divorcing spouses. Instead, the court will try to divide the assets and property as fairly or "equitably" as possible.
Other Family Law Matters
Our New York City divorce lawyers at H. Benjamin Perez & Associates, P.C. have represented clients for years. We are bilingual (Spanish and English) trial lawyers who are extremely committed to upholding our clients’ best interests and focused on case preparation along with courtroom presentation.
Frequently Asked Divorce Questions:
1. What is a mediated divorce?
- A couple that has chosen to end their marriage but is still capable of constructive communication and cooperation can use mediation to carry out their divorce. A trained mediator can act as a neutral third party to facilitate discussion, representing neither the husband nor the wife. The mediator will also act to ensure that every relevant question is fully addressed before bringing the petition for divorce to the court for approval.
2. How much will getting a divorce cost me?
- The cost of a divorce will be in proportion to the amount of work required. This is one of the reasons you should only choose a New York City divorce attorney who can effectively tackle every aspect of your case. Unskilled legal representation can lead to the process bogging down or dragging on far longer than needed, costing you much more than necessary. We encourage couples to get a collaborative divorce wherever possible for this reason.
3. What are the grounds for divorce in New York?
- Until 2010, our state had strict requirements for getting a divorce. You had to prove that you were the victim of cruel and inhuman treatment, abandonment for at least a year or adultery. You could complain that your spouse had been imprisoned for 3 years after your marriage, or you had to get a legal separation prior to divorce. Now, you can get a divorce on the grounds that the marriage has been irretrievably broken for at least 6 months, which is essentially a no-fault divorce.
4. How does the court determine child custody?
- The senior guiding principle the court will use is, "What is in the best interests of the children?" Whether your child custody is decided by the judge or if you are seeking approval of a parenting plan you and your former spouse have agreed upon, it is necessary to prove that the arrangement will foster the emotional and physical well-being and happiness of the children. The same is true for child support, visitation and grandparents rights.
Our compassionate New York City divorce lawyer is prepared to help you navigate your situation as smoothly as possible. Call (646) 770-0989 to get started.
Accessible to Clients 24/7 for emergencies only
Career Trial Lawyers & Professional Litigators
A Long Track Record of Positive Verdicts
Recipient of Avvo Clients' Choice & 10.0 Superb Awards
As the recipients of the Avvo® Client's Choice Award in 2012, we have garnered the respect and admiration of both our peers and our clients. As such, if you or a loved one need a trusted New York City divorce attorney, please contact our firm to schedule a case evaluation as soon as possible.
Further, attorney H. Benjamin Perez is a respected professional litigator who has a long track record for successfully resolving cases and a perfect 10.0 rating on Avvo. Thus, no matter what type of divorce you are experiencing, our New York City attorneys will efficiently manage and successfully handle your case.
We will arrange for a convenient time to thoroughly go over the facts of your situation and advise you on the best course of action to take going forward.