Divorce Lawyers in Yonkers, NY

Divorce is a difficult process, and it can take a toll on your physical, mental, and financial health. It takes time and a great deal of negotiation to effectively split one life into two, and the legal procedures involved can be daunting. If you’re filing for divorce, it’s important to have accurate and realistic expectations of the process and a knowledgeable divorce attorney to fight for your interests.

At the Law Offices of Joseph A. Marra, PLLC, we know how challenging the divorce process can be. Our team is here to answer your questions and ensure you have excellent legal representation, whether you’re dealing with a high-asset divorce and complicated property division. Call our Yonkers office to schedule an appointment with a divorce lawyer and find out more about our legal services.

What Are the Legal Grounds for Divorce in New York?

New York state law requires that you list a reason for the termination of the marriage when you file for divorce. There are seven grounds for divorce you can use:

• Abandonment: When one spouse has physically left the marital home or refuses to have marital relations for at least one year
• Adultery: When proof of adultery can be provided by someone outside the marriage
• Cruel and inhuman treatment: When one spouse puts the other in physical or mental danger
• Divorce after a judgment of separation: Provided by the Supreme Court and requires the couple to live apart for at least one year
• Divorce after a legal separation agreement: Couples must have lived apart for at least one year after the separation
• Imprisonment: When one spouse has been incarcerated for at least 3 consecutive years
• Irretrievable breakdown in relationship for a period of at least 6 months: Broad category that allows for a no-fault divorce The majority of divorces are filed on grounds of irretrievable breakdown because this doesn’t require any specific proof. However, the parties must agree that the marriage has been over for at least 6 months before the divorce can be filed.

Before going through divorce proceedings, you’ll also need to meet the New York state residency requirement. This requires that at least one spouse has been living in New York state continuously for a period of two years minimum. This can be shortened to one year if the marriage took place in New York state or the grounds for divorce happened within the state.

What Happens to the Marital Property?

Each state has its own rules for property division, and New York is an equitable division state. This means that the marital property is divided in a way that is deemed as “most fair” for both parties. It’s a common misconception that this means that the property will be divided 50/50, but this is often not the case.

The judge will look at several factors, including earning potential, who’s been making the payments on the house or vehicles, and contributions of both parties to make a determination.

If there is a prenuptial or postnuptial agreement in place, the property will likely be divided according to that agreement unless there is a compelling reason to do otherwise. If both parties are able to agree on how they want to split the marital property, they can present the agreement to the judge. If the judge agrees that it is fair and equitable, they will usually sign off on it, and the parties could potentially avoid a trial.

Do I Need Divorce Lawyers Yonkers NY?

If you and your soon-to-be ex agree on everything, it can be tempting to go through an uncontested divorce without legal representation. However, this opens you up to potentially receiving less than you’re entitled to. Any time you are dealing with the court system, it’s a good idea to talk to a divorce attorney about your rights and what you can expect.

Get help from knowledgeable divorce attorneys when you contact our family law firm. Call the Law Offices of Joseph A. Marra, PLLC, at 914-344-5145 to set up your initial appointment.