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New York City Divorce Lawyer

Top-Rated Divorce Representation in New York City

As one of the most stressful experiences a family can go through, divorce should only be handled with the assistance of a qualified divorce attorney in New York City. The important decisions which one must make relative to assets, child custody, and support can have an impact on the rest of the family’s life.

The Benefits of Hiring a Divorce Lawyer vs. Representing Yourself

If you are not familiar with the divorce process, it may be extremely difficult for you to accurately fill out paperwork, take the necessary steps to protect yourself, and follow court procedure. In the end, it can actually be much more expensive to represent yourself rather than working with an experienced New York City divorce attorney who will handle all your legal issues accurately.

The life of a divorce case can take unexpected twists and turns, involving issues such as:

Motions for contempt for non-compliance of the court's orders, and motions to modify existing orders of support or custody due to substantial changes in your circumstances may all be necessary actions when you are involved in a divorce.

Don’t risk your future by trying to go through the divorce process alone. Call our New York City divorce attorney at (646) 770-0989 today!

Why You Need to Call Our Divorce Firm

H. Benjamin Perez - New York City Divorce LawyerOur New York City divorce lawyers at H. Benjamin Perez & Associates, P.C. have been representing clients for years. We are bilingual (Spanish and English) trial lawyers who are extremely committed to our clients and focused on case preparation and court room presentation.

Attorney H. Benjamin Perez is a highly professional litigator who has a long track record of successful cases and has a perfect 10.0 rating Avvo. No matter what type of divorce you are experiencing, our New York City attorneys will efficiently manage and successfully handle your case.

Uncontested vs. Contested Divorce in New York

New York law now 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 / 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 the divorce.
  • Contested - If there is contention and disagreement in the divorce, then a judge will decide your future.

Frequently Asked Divorce Questions

​​​​​​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.

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.

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. Learn more about the grounds for divorce in New York here.

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. Read more about child custody determinations here.

Top 10 Facts to Know When Filing for Divorce in New York

Are you filing for divorce in the state of New York? If you so, you should be properly informed before moving forward with your divorce action.

  1. Once you get a divorce settlement approved by the court or once you receive a divorce-related court judgment, you are legally required to abide by it. If you fail to comply with the term, you could be considered in contempt of court and suffer penalties. Keep this in mind as you enter into a divorce agreement.
  2. If you and your spouse have children together, you have the right to seek child custody or visitation. The courts generally make every effort to give both parents some level of child custody or visitation, as long as this seen as being in the child's best interests. You may need to fight for your fair share of custody or visitation in court.
  3. Your marital assets might not be divided equally. New York uses equitable distribution as the standard for asset division in divorce. With equitable distribution, the court weights various factors concerning the spouses and their marriage in order to determine how the marital assets can be most fairly divided. Depending on the factors, one spouse may end up getting a higher percentage of the assets.
  4. If you have a business, its assets and liabilities may be subject to division in the divorce process. Even if you are the only one in your marriage who owns or operates the business, the court may consider it marital property that is subject to division.
  5. If you signed a prenuptial agreement, this will override the state's equitable distribution law. This means that you will have to divide your property according to the terms of the agreement rather than by what the court would determine a fair division.
  6. Lying about your assets or property can ultimately harm your case. There are some people who try to hide money or valuable assets in the divorce process, so they can avoid having to split these assets with their spouses. If these actions are discovered, the court may use this as grounds to rule in your spouse's favor and/or impose severe penalties on you.
  7. Fault-based grounds for divorce are not required in New York, but they can be used to gain leverage in certain aspects of the divorce, such as child custody or alimony. New York's fault-based grounds for divorce include adultery, cruel and inhuman treatment, abandonment for a year or more and incarceration for at least three consecutives since the start of the marriage.
  8. Litigation tends to be a much costlier and more time-intensive divorce option. For that reason, it is usually best to first try and work directly with your spouse to negotiate a divorce settlement, if at all possible. Some spouses use mediation or collaborative divorce to work out their divorce-related disputes. If you and your spouse are simply unable to reach an agreement, it may then be time to take the matter to court.
  9. You can better protect yourself and your loved ones in the divorce process if you hire an experienced divorce attorney. A New York City divorce lawyer can help you make a convincing argument in court, so you can improve your chances of receiving a favorable judgment. If you and your spouse are planning to reach a divorce settlement through negotiation, your attorney can help you see to it that you are getting a fair deal in the divorce.
  10. Divorce is not one-size-fits-all. Each divorce comes with different circumstances, which means that not every divorce is going to be resolved in the same way. You should not assume that your divorce experience or strategy will be the same as someone else's. Work with a knowledgeable New York City divorce lawyer for help determining what the best approach is for your particular situation.

Other Family Law Matters

Other family law matters we can assist you with include:

Contact Us Immediately for Divorce Assistance

As the recipient of Avvo® Client's Choice Award in 2012, we have garnered the respect and admiration of both our peers and our clients. If you or a loved is considering hiring a New York City divorce attorney, please contact our firm to schedule a case evaluation as soon as possible.

We will arrange for a convenient time to thoroughly go over the facts of your situation and advise you as to the best course of action to take going forward.

Going through divorce? Our compassionate New York City divorce attorney is prepared to help. Contact us today.

Awards

  • Avvo Clients' Choice 2015 Criminal Defense
  • Avvo Clients' Choice 2015 Divorce
  • Avvo 10.0 Top Attorney Divorce
  • Avvo 10.0 Top Attorney Criminal Defense

Testimonials from Previous Clients

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