New York Divorce Lawyer:
An uncontested divorce is when a married couple wishes to end their marriage amicably (meaning both agree on all financial and family matters, such as child custody and support, division of marital property, or spousal support). When there are children involved in a divorce case, child custody, support, and visitation must be resolved before a judge will sign the Judgement of Divorce. Our lawyers will advise our clients to take an inventory of all their (i) assets and liabilities owned jointly and independently and (ii) legal and tax information.
Uncontested Divorce litigation in New York State:
When married couples cannot be together, they must get a Judgement of Divorce to terminate their marriages. In a contested divorce or litigation, your marital issues are submitted to a family court to resolve them. In an uncontested divorce, the parties agree to the divorce and all the issues related to the marriage. If you cannot agree with your spouse, our experienced attorneys will fight to ensure your interests are protected. We walk you through the divorce process and work with you to formulate the most effective strategy to achieve the outcome you want in court.
Modification of Divorce Judgement:
In some circumstances, an ex-spouse wants to change a prior agreement on custody, support, and spousal maintenance. We can help look into your situation and advise on your best course of action.
NYC Divorce Lawyer Property Division:
New York is an equitable distribution state which means an equitable distribution of marital assets and debts. In most instances, it does result in 50/50 distribution but not in all cases as the court has the power to determine what equitable means on a case-by-case basis.
Orders of Protection:
During the pendency of a divorce action, orders of protection (prohibiting a party from doing certain behaviors) may be requested to protest the safety of persons. If you feel that your safety is at issue, please call our office.
Frequently Asked Questions
How do I start a divorce proceeding?
An action for divorce is started by filing a Summons or Summons and Complaint in the Supreme Court of the State of New York. Once the initial divorce paperwork is filed in court, it must be served personally on your spouse and an affidavit of personal service must be filed in court within 120 days.
Should I file my divorce in New York or somewhere else?
You can file for divorce in the state where you or your spouse resides. To file in New York, one of the following residence requirements must be met:
- You and your spouse were married in the state and either party is a resident when the divorce action is commenced and has been a resident for a continuous period of one year immediately preceding the divorce.
- You and your spouse have resided in this state as husband and wide and either party is a resident when the divorce action is commenced and has been a resident for a continuous period of one year immediately preceding the divorce.
- The ground for divorce occurred in this state and either party has been a resident for a continuous period of at least one year immediately preceding the divorce action.
- The ground for divorce occurred in this state and both parties are residents at the time of the divorce action.
- Either party has been a resident of this state for at least two years immediately preceding the start of the divorce action.
What do I need to do if I Have Children?
You will file your initial divorce paperwork and address all the issues regarding your children such as, but not limited to; custody arrangements, visitation and time-sharing, child support, and medical coverage.
How can I serve my spouse if we don’t live together?
We would need a photo of your spouse to identify and serve him or her with the initial divorce paperwork.
Who should file the divorce paperwork?
For uncontested divorces, the spouse who wishes to finalize the divorce files the divorce paperwork.
Can I change my name?
You can request to resume the use of your prior surname.