Divorce
The most common ground used when filing for divorce in the state of New York is No Fault. No fault simply means that neither party is to be blamed for the divorce. In order to use the ground of No Fault as the basis for the divorce, the parties must attest that the marriage has been irretrievably broken for a period of six months.
In New York, the Supreme Court has jurisdiction over all divorce cases and can only entertain a case if the residency requirements are met. At least one of the spouse has been a resident of New York for at least one year (1) prior to the commencement of the divorce proceedings.
There are two types of divorces in New York State, Uncontested and Contested divorce.
Uncontested – The parties agree to amicably resolve all issues including the distribution of properties, maintenance, child support, child custody and all other relevant issues that would normally arise in a contested divorce. Once the parties agree, there is no court appearance necessary. The attorney will file all the necessary documents to obtain the divorce. This process is quicker and less costly than a contested divorce.
Contested – The parties do not agree to settle the outstanding issues, therefore, the case is litigated in Court. The issues of division of assets, maintenance, child support and custody are then decided by a Justice of the Supreme Court of the State of New York In the event your divorce is a contested matter, you will need an experienced divorce lawyer who will fight hard to protect your rights and those of your children. If your spouse intends to litigate in order to prevent you from obtaining your fair share of the marital assets, you need experienced attorney's to fight on your behalf. Contact Lewis Austin PC to handle your divorce matter.
Marital Agreements
Pre-nuptial Agreements
A prenuptial agreement is a contract between two people about to wed that spells out how assets will be distributed in the event of divorce, separation or death and can also provide for support. Addressing such issues prior to marriage can protect you from years of costly litigation in the event your marriage is terminated. Such agreements have existed for thousands of years in some form or another, particularly in European and Far Eastern cultures, where royal families have always made provisions for protecting their wealth.
Post-nuptial Agreements
Post-nuptial agreement is a written contract made after the marriage has occurred which will settle the couple's affairs and assets in the event of a separation or divorce. The contract must be signed and acknowledged and entered into without fraud, coercion or duress.
Separation Agreements
A separation agreement is a legally binding contract that sets forth all of your rights, including but not limited to, support, custody, visitation, asset distribution and allocation of debt. The terms of a separation agreement or judgment of separation are binding and will be made part of a judgment of divorce in the future. It will not be necessary for you to renegotiate the terms of your agreement or judgment of separation.
Equitable Distribution
Equitable distribution is the means by which the court distributes property in a divorce. In order for the court to properly distribute property in a divorce proceedings, it is mandatory for each party to disclose their finances and assets whether it is marital or separate. Marital property is any property acquired during the marriage with the exception of inheritance, personal injury compensation or property designated as separate in a marital agreement.
Contact our office for an experienced and knowledgeable attorney to handle your divorce.
The most common ground used when filing for divorce in the state of New York is No Fault. No fault simply means that neither party is to be blamed for the divorce. In order to use the ground of No Fault as the basis for the divorce, the parties must attest that the marriage has been irretrievably broken for a period of six months.
In New York, the Supreme Court has jurisdiction over all divorce cases and can only entertain a case if the residency requirements are met. At least one of the spouse has been a resident of New York for at least one year (1) prior to the commencement of the divorce proceedings.
There are two types of divorces in New York State, Uncontested and Contested divorce.
Uncontested – The parties agree to amicably resolve all issues including the distribution of properties, maintenance, child support, child custody and all other relevant issues that would normally arise in a contested divorce. Once the parties agree, there is no court appearance necessary. The attorney will file all the necessary documents to obtain the divorce. This process is quicker and less costly than a contested divorce.
Contested – The parties do not agree to settle the outstanding issues, therefore, the case is litigated in Court. The issues of division of assets, maintenance, child support and custody are then decided by a Justice of the Supreme Court of the State of New York In the event your divorce is a contested matter, you will need an experienced divorce lawyer who will fight hard to protect your rights and those of your children. If your spouse intends to litigate in order to prevent you from obtaining your fair share of the marital assets, you need experienced attorney's to fight on your behalf. Contact Lewis Austin PC to handle your divorce matter.
Marital Agreements
Pre-nuptial Agreements
A prenuptial agreement is a contract between two people about to wed that spells out how assets will be distributed in the event of divorce, separation or death and can also provide for support. Addressing such issues prior to marriage can protect you from years of costly litigation in the event your marriage is terminated. Such agreements have existed for thousands of years in some form or another, particularly in European and Far Eastern cultures, where royal families have always made provisions for protecting their wealth.
Post-nuptial Agreements
Post-nuptial agreement is a written contract made after the marriage has occurred which will settle the couple's affairs and assets in the event of a separation or divorce. The contract must be signed and acknowledged and entered into without fraud, coercion or duress.
Separation Agreements
A separation agreement is a legally binding contract that sets forth all of your rights, including but not limited to, support, custody, visitation, asset distribution and allocation of debt. The terms of a separation agreement or judgment of separation are binding and will be made part of a judgment of divorce in the future. It will not be necessary for you to renegotiate the terms of your agreement or judgment of separation.
Equitable Distribution
Equitable distribution is the means by which the court distributes property in a divorce. In order for the court to properly distribute property in a divorce proceedings, it is mandatory for each party to disclose their finances and assets whether it is marital or separate. Marital property is any property acquired during the marriage with the exception of inheritance, personal injury compensation or property designated as separate in a marital agreement.
Contact our office for an experienced and knowledgeable attorney to handle your divorce.