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Understanding Divorce In New York State

Going through a divorce can be one of the most traumatic periods in your life. While legal skill can help you achieve the results you need, it is also important to have the compassionate support of your lawyer as you navigate the process.

When you work with Judd & Moss, P.C., you will have the benefit of more than 60 years of combined legal experience, but you will also receive the attentive and personal service you deserve. When clients first come to us to discuss divorce, most are pretty nervous. This is completely natural and understandable. As we begin our discussion, clients soon realize that we quickly address all concerns, advise on rights and a range of options, and lay out an effective initial strategy for moving forward.

In the state of New York, there are seven legal grounds for divorce. The seventh and most recent ground is commonly called “no-fault.” A no-fault divorce can be obtained when there has been an irretrievable breakdown of the marriage for at least six months. There is no defense to this cause of action. The fault-based grounds are adultery, cruel and inhuman treatment and abandonment (physical or constructive). Two grounds require that the parties have been legally separated, either by way of a separation decree or by way of a written separation agreement for at least one year prior to filing. A final ground is based upon the Defendant being confined to prison for three or more years following marriage.

Contested Versus Uncontested Divorce

Regardless of type, a divorce in New York can either be contested or uncontested. In an uncontested divorce, one party asserts his or her grounds for divorce, which the other party does not challenge. Further, the parties agree on all issues, including child custody and visitation, child and spousal support, and asset/debt division. In such instances, the divorce may be processed without either party ever having to appear in court. Most importantly, in these cases, we charge only a flat fee for our services.

If a husband and wife cannot agree on all issues, the proceeding is considered contested. In this instance, it may be necessary to appear in court numerous times and issues may ultimately be determined by going to trial — a process that is both costly and time-consuming. Additionally, we may need to call upon other professionals such as child psychologists, forensic accountants, business valuation experts and real estate appraisers to support your position. The fees for these experts are the responsibility of the divorcing couple. The process can seem daunting, but we will make every effort to make you feel comfortable and to ensure that you understand your situation, your rights and options.

In addition to resolving divorce issues for traditional spouses, our law firm offers aggressive representation in same-sex divorce. We are well versed in the unique difficulties those in the LGBTQ community face not only in the area of divorce but in many areas of family law.

Contact Judd & Moss, P.C., Today

Family law issues are not only complex, but they are also emotionally difficult. At Judd & Moss, P.C., we provide the aggressive legal advocacy you need, and the supportive service you deserve. Contact us online or call 631-615-1758 to schedule a free initial consultation to discuss your legal needs.