We know that ending a relationship is not an easy decision. In addition, the situation is even worse if children are involved. Actually, each case is different. That’s why it’s essential to hire a NY divorce lawyer who will understand you and approach your case with respect.
At Shtark Law PC, a law firm in New York City, proficient divorce attorneys will take into account all details concerning your situation and render professional assistance to you during the divorce process. Searching for a divorce attorney in NYC who will clearly explain each step of marriage breakdown? You are in the right place: our top rated divorce lawyers will ensure that you are familiar with the key family law matters and all available legal avenues. So don’t hesitate to contact our skilled divorce lawyers and let it all behind as soon as possible.
Divorce Attorney
Obviously, when people are getting married, they don’t consider getting a divorce. Therefore, they aren’t typically competent at the matrimonial law. Good news is that a divorce and family law attorney in New York, NY will supply you with the necessary information and also give you the divorce advice.
Divorce law
According to the New York divorce law, divorce can be of two kinds: uncontested and contested. If spouses have reached an agreement about the essential issues ahead of the trial, this is referred to as uncontested divorce. Conversely, if there exist matters that the divorcees fail to settle on their own, this is called contested divorce.
With no doubt, uncontested divorce has its advantages. However, it’s often challenging for a couple to reach an agreement about important aspects. That’s why it’s a good idea to hire a proficient divorce attorney who will help negotiate a settlement. At Shtark Law PC, the attorneys will give you a hand in the following aspects of divorce:
Allocation of parental responsibilities
Child custody is undoubtedly one of the major concerns for divorcees. Our divorce lawyers commit themselves to each case: we prepare a Parenting Plan together with our clients and ensure that it reflects your and your child’s needs. Basically, the responsibility for a child has two directions: physical custody (residency) that provides for where the child lives, and legal custody that suggests taking decisions such as religion, health care or education issues.
Child support
Child support is the money that a non-custodial parent pays to help cover the expenses of a child before he or she reaches the age of 21. At Shtark Law PC,we fully realise how important it is for you as a parent to make sure that your child will receive the best care. Our attorneys will analyze all the details and inform you about any particular aspects of your case. Remember that when the divorcing parents arrange an agreement with the assistance of a lawyer, they can avoid bringing this case to court.
Division of the property
Our experts will efficiently communicate with you to guarantee that your marital assets are classified in the appropriate way, and take care that you get what you deserve. A skilled attorney will provide you with expert assistance in the distribution of the property that is challenging to estimate and divide, for instance, retirement benefits.
Alimony
Alimony, also known as a spousal support, is the cost paid by one ex-spouse to the other. There is a range of factors that affect whether a divorcee is eligible for spousal support and the sum of money he or she can receive. Our divorce experts will estimate your personal case and determine if you have the right to receive alimony. We use our professional experience and knowledge to ensure the most favorable settlement agreement for you.
Visitation
Typically, after divorce, one parent gains sole custody, and the other obtains visitation rights. If visitation is a factor in your personal case, we will facilitate formulating a parenting plan that will adequately respond to your and your child’s fundamental needs and preferences.
Getting a divorce in NY: legal reasons
Since not so long ago, the New York State residents can seek a no-fault divorce with two possible grounds:
Irretrievable breakdown
In New York divorce can be granted if your marriage has been actually dissolved for the last six months or beyond that. However, this fact has to be presented under oath by one of the divorcees.
Separation
A couple have the right to file for a no-fault divorce when they have been living separately for a year or more. Also, you must provide the court with the evidence of living apart.
NB: if a couple have been married for a period shorter than six months, they aren’t eligible for a no-fault divorce. Yet, it’s possible to seek a fault divorce. Go on reading to find out about legal justifications for a fault divorce.
Abandonment
You can petition for a fault divorce when your spouse has abandoned your marital residence for twelve months or beyond that. Similarly, you can sue your husband or wife if he or she has made you leave your family dwelling. In addition, you can seek a fault divorce if your spouse has been rejecting sexual intercourse with you without sufficient reasons for twelve months.
Adultery
You retain the right to sue your partner for divorce if he or she has had extramarital sex over the past five years. However, remember that this ground will only work unless you have allowed or forgiven this kind of behaviour previously.
Cruel treatment
Abusive behaviour is a sufficient ground for getting a divorce, as a person’s physical or emotional condition is exposed to danger. Yet, if it happened earlier than five years ago, you aren’t eligible for divorce due to this reason.
Imprisonment
You can file for a divorce when your spouse was sent to jail after you got officially married, and by now he or she has been there for three years or beyond.
Legal separation
If spouses have been living separately due to a separation agreement granted by the court for a year or more, it gives a ground for a fault divorce.
Divorce Advice
We understand that divorce is a tough experience to go through. But remember that life’s going on, so you need to be strong to survive and start a new page. Our proficient divorce and family lawyers are always ready to give you a hand with the legal aspects. Also, here are a couple tips on how to make the whole thing less dramatic.
Behave like a responsible adult, take an active part in the process, even if it wasn’t you who initiated the divorce.
Leverage getting a divorce attorney consultation. Many law firms help clients by offering an online consultation to familiarize them with the basic aspects of the divorce law.
Make your key decisions only after you estimate possible consequences.
Try to forget the past and concentrate on your future. Remember that you should cooperate with your ex to reach the optimal outcomes for each member of your family.
Consider involving a mediator. This person is a neutral third party who helps spouses reach an agreement without going to court.
Be absolutely honest with the attorney. Only then he or she will be able to analyze your case properly and offer a reasonable solution.
Draw up an inventory of the furniture and other things.
Copy or scan important documents.
Consider hiring a mental health expert to help you and your children to go through the divorce.