Know Your Rights

Know Your Legal Rights in New York City

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.


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