New York Divorce Lawyer
Experienced Divorce Attorney Serving Manhattan, Queens & Long Island
Contested divorces are cases in which the parties cannot reach agreements over the marital issues - residential custody, legal custody (decision-making for the children), child support, spousal maintenance, equitable distribution of marital property. A divorce occurs when a marriage is legally terminated. A divorce is an extremely stressful and traumatic event. In New York, a divorce addresses the legal resolution of custody, financial support, and distribution of the marital assets and debts. In a contested divorce, each party ofter retains his or her own attorney and the divorce process is litigated in Court. If there are children of the marriage, the children are usually assigned an attorney to represent them. The Lawyer for the Child represents the best interests of the children during the divorce. A litigated divorce can take a profound emotional toll on the parties and the children. To divorce in New York, there must be certain facts connecting the parties to New York. For example, the parties must have been married in New York and one of the spouses has been a resident of New York for a year immediately before the divorce action begins. There are other facts and circumstances that suffice for parties to obtain a divorce in New York. In New York, there also must be a legal reason - "grounds for divorce" - to obtain a divorce. There are grounds for divorce which are considered to be fault related and there are grounds for divorce which are not fault based. For example, a party can obtain a divorce from their spouse because of cruel behavior sufficient to warrant dissolution of the marriage, legally known as 'cruel and inhuman treatment". This is fault based. The grounds without fault are being legally separated for one year with a legal judgment of separation or a legally binding and properly filed separation agreement.
If you are contemplating a divorce, or if you believe that your spouse has contacted an attorney or filed for divorce, Peretz Family Law & Mediation, P.C. can provide you with the experienced, dedicated, and focused representation you deserve. To schedule a free consultation, please contact New York divorce attorney Adam Peretz today. |