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Divorce

Divorce or “Dissolution of Marriage” involves a number of factors that can affect you and your future greatly.  Every situation is different and thus, not every divorce is the same. An experienced family law and mediation attorney should be consulted to help identify the aspects of your case and to advise you on your rights and obligations under New York State law.

 

No-Fault Divorce in New York

The State of New York has adopted “No-Fault Divorce”, whereby New York couples can request a divorce by claiming that there’s been an “irretrievable breakdown” in their marriage or domestic partnership, which means they do not get along anymore, and there is no chance for a reconciliation.  

A New York couple may get a no-fault divorce on any of the following grounds: 

  • the marriage/domestic partnership has broken down irretrievably for at least six months.  
  • living apart for a period of one or more years, after a judgment of separation; or
  • living apart for a period of one or more years pursuant to a separation agreement.

Before a court will grant a no-fault divorce, the couple needs to show and prove that their property division, spousal support, child support, and child custody have all been resolved. This can be done between the spouses in a divorce settlement agreement or by a court order. 

 

Fault Grounds for Divorce in New York

A spouse may seek a fault-based divorce in New York on any of the following grounds:

  • cruel and inhuman treatment that makes it unsafe or improper for the couple to continue living together (physical or mental abuse)
  • abandonment for at least one year
  • incarceration for at least three consecutive years after the marriage, or
  • adultery. 

If a spouse seeks a divorce based on any of the fault grounds, he or she will have to prove to a judge that the other spouse actually committed the misconduct. 

If egregious conduct can be proven, it can impact the amount and duration of spousal support that is awarded to the recipient spouse. If you are considering a fault-based divorce, you will want an experienced family law attorney to guide you, help you understand your options, and make the best recommendations for you and your family.

Our entire practice at Barrocas, Mintz, Misuraca, and Record: Family Law, Divorce & Mediation is dedicated to New York family law. We understand the facts that the court considers in finding fault, and we have the expertise to present a compelling case on your behalf, should we deem this to be the most effective course of action.

 

Uncontested Divorce

An uncontested divorce may be a good option for couples who are able to reach an agreement on all issues related to a divorce, including child support, child custody, spousal support, property division and others. However, an uncontested divorce is not the best option for everyone. Even in the most amicable divorces, disputes arise that require expert legal counsel.

While an uncontested divorce seems straightforward, in most cases the spouses or partners do not fully comprehend their rights and obligations. They often sign agreements that they do not understand and frequently spend more money correcting a bad agreement than they would have spent if they had hired an experienced uncontested family/divorce lawyer in New York City/Long Island area to handle the matter. The Barrocas, Mintz, Misuraca, and Record: Family Law & Mediation team will review your case thoroughly to ensure your interests and rights are protected.

 

Protect Your Rights. Talk To A Qualified New York Family Lawyer.

At Barrocas, Mintz, Misuraca, and Record: Family Law & Mediation, we represent clients throughout Nassau, Suffolk, Brooklyn, Queens and Manhattan, in all aspects of divorce. We urge all divorcing spouses/domestic partners to seek legal counsel to ensure that their rights are protected. We will review your specific situation and make recommendations that are right for you and your family.

In some cases, there are unresolved issues that make it impossible to proceed with an uncontested divorce. In these situations, we represent one of the spouses. We will explain the options that are available to resolve any outstanding issues and work toward an outcome that fully accommodates your needs.

 

Contested Divorce

A contested divorce occurs when both parties do not agree to all of the terms of the divorce.  There can be significant disputes regarding child custody and visitation, spousal and child support, and the division of assets, such as the family home, bank accounts, retirement accounts, stocks, and/or a business.  

Contested divorces can often be settled amicably, and do not necessarily need to be settled in court. But, in most cases, contested divorces involve complicated negotiations and persistent championing. The family lawyers at Barrocas, Mintz, Misuraca, and Record are ready to provide you with the aggressive legal support needed to produce the most favorable terms of your divorce.  We will fight to protect your financial and legal interests as well as your family’s future.


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