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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 NY divorce lawyer 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 follows the principle of equitable distribution. This means that the marital property is divided in a way that is deemed “most fair” for both parties, rather than simply splitting everything 50/50. The goal is to reach a fair outcome that considers the unique circumstances of the marriage and divorce.
Factors Considered in Property Division
When deciding how to divide marital property, the judge will evaluate several important factors, including but not limited to:
- The income and earning potential of each spouse
- Contributions made by each spouse to the acquisition, preservation, or appreciation of the property
- The length of the marriage
- The age, health, and needs of each spouse
- Who has been making payments on marital assets such as the home, vehicles, or debts
- Custodial responsibilities for any children and how property division might impact them
- Any prenuptial or postnuptial agreements in place
Role of Prenuptial and Postnuptial Agreements
If there is a prenuptial or postnuptial agreement, it usually governs how property is divided, provided it is deemed valid and fair by the court. These agreements can simplify the process and reduce conflict, but the court can override them if there is a compelling reason, such as evidence of coercion or unfairness.
Reaching an Agreement Outside of Court
Many couples prefer to negotiate and reach an agreement on property division without going to trial. If both parties agree on how to split the marital assets, they can present their agreement to the judge. If the judge finds the agreement to be fair and equitable, they will typically approve it, allowing the divorce to proceed more smoothly and quickly.
Types of Property Subject to Division
In New York, marital property generally includes assets acquired during the marriage, regardless of whose name is on the title. This can include:
- The marital home and other real estate
- Bank accounts and investments
- Retirement accounts and pensions
- Vehicles
- Household items and personal property
- Business interests acquired during the marriage
Separate property, such as assets owned before marriage or gifts and inheritances received by one spouse individually, is usually excluded from division.
Protecting Your Interests
Because property division can be complex and significantly impact your financial future, it is essential to have an experienced divorce lawyer Yonkers on your side. A knowledgeable attorney can help you understand your rights, negotiate effectively, and ensure that your interests are protected throughout the process.
By understanding how equitable distribution works and the factors courts consider, you can be better prepared to navigate this challenging aspect of divorce and work toward a fair resolution.
Contested vs. Uncontested Divorce in Yonkers
When considering divorce in Yonkers, it’s important to understand the difference between contested and uncontested divorces, as the process, timeline, and cost can vary significantly.
Uncontested Divorce
An uncontested divorce occurs when both spouses agree on all major issues, including property division, child custody, child support, and spousal support. This type of divorce is generally faster, less expensive, and less emotionally taxing because it avoids lengthy court battles.
Couples can often work with their attorneys to draft a settlement agreement that reflects their mutual decisions, which is then submitted to the court for approval.
Contested Divorce
In contrast, a contested divorce arises when spouses cannot agree on one or more key issues. This may involve disputes over child custody, division of assets, or support obligations. Contested divorces typically require more time, legal resources, and court appearances.
The judge may need to make decisions on contested matters if the parties cannot reach a settlement through negotiation or mediation.
Why Choose Experienced Divorce Lawyers in Yonkers?
Whether your divorce is contested or uncontested, having an experienced divorce lawyer in Yonkers is crucial. Skilled attorneys can provide counsel, protect your interests, and work tirelessly to achieve the best possible outcome for your unique situation.
They can also help navigate family law issues such as child custody and support, ensuring that your rights and those of your children are safeguarded throughout the process.
If you’re facing a divorce in Yonkers, contact the Law Offices of Joseph A. Marra, PLLC, for a free consultation. Our dedicated New York divorce attorney representation and knowledgeable team are here to guide you through every step of your divorce case.
Do I Need Divorce Lawyers Yonkers?
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 New York divorce lawyer. Call the Law Offices of Joseph A. Marra, PLLC, at 914-344-5145 to set up your initial appointment.