When you work with my firm, you can be confident that your case is in good hands. I have been serving the Bronx area since 1989 and I am proud to have an in-depth and up-to-date understanding of the various New York and federal laws governing family law matters and divorce. If you are considering filing a petition for a family law concern, do not hesitate to retain me as your New York divorce lawyer.
Bronx Divorce Lawyer
Experienced Divorce Lawyers Serving NYC
Most divorces are difficult situations. Even the most amicable splits can quickly be hindered by complications. Regardless of the way you choose to end your marriage, one spouse may feel upset or hurt. Couples who choose to separate through mediation or litigation can find themselves seeking legal assistance when issues pertaining to children or assets are disputed. The state of New York has specific laws governing divorce and grounds for divorce, and you should always speak with an experienced New York divorce attorney prior to filing.
On This Page:
- Why Hire Me?
- What Are New York's Divorce Laws?
- How Does the Divorce Process Work?
- Does It Matter Who Files for Divorce First in NY?
- Can You Get a Divorce Without Going to Court?
- Work With an Experienced Attorney Today!
Are you in the Bronx area and need divorce legal help? Contact The Law Office of Ava G. Gutfriend! Give us a call to speak with an experienced Bronx divorce attorney today.
Reasons to Hire Ava G. Gutfriend
- Working with a New York divorce lawyer can make all the difference in the outcome of your divorce, and I stand ready to assist clients with understanding their rights.
- When you work with my firm, you can be confident that your case is in good hands.
- I have been practicing law since 1989 and stay current with the changing laws and regulations at the state and federal levels.
- I know that no two cases are ever the same, which is why I provide one-on-one assistance and implement unique strategies to help ensure that you reach a favorable outcome.
- I take a client-centered approach to each case and work to understand your family dynamic, marital assets, children involved in the marriage and property concerns.
- You can be confident that I will work tirelessly to help you settle your divorce in a timely matter.
Contact us or give us a call today to start discussing your case and receive divorce representation in New York!
What Are New York’s Divorce Laws?
Each state has their own set of requirements when it comes to filing for divorce. In New York, you must meet both the residency requirements and the grounds for divorce requirements.
Residency Requirements in New York
New York State requires that you meet at least one of the following residency requirements in order to file for divorce in New York:
- You or your spouse have been living in New York continuously for a minimum of 2 years prior to filing
- You or your spouse have been living in New York continuously for at least 1 year and you were either married in New York, lived in New York as a married couple, or the grounds for your divorce happened in New York
- Both you and your spouse are residents of New York at the time the divorce is initiated
You can read more about residency requirements for divorce in New York here.If you have any questions, be sure to reach out to one of our experienced Bronx divorce attorneys.
Grounds for Divorce in New York
The laws and regulations governing family law and divorce can be difficult to understand, and traversing the New York family courts alone can be intimidating. Working with the right New York divorce attorney can make all the difference in the outcome of your case. When you work with my firm, I will discuss in detail the residency requirements and help you determine a ground for filing divorce. The state recognizes seven different grounds for divorce, including:
- Separation agreements after the couple has lived apart for 1 year
- Judgment agreements after the couple has lived apart for 1 year
- Cruel and inhuman treatment that occurred in the last 5 years
- Irretrievable breakdown for a period of at least 6 months
- Abandonment for at least a year or more
- Adultery that occurred during the marriage
- Imprisonment of one spouse for 3 years or more in a row
When you retain my divorce legal services, I will fully review your case and help you decide with situation best fits your and your spouse's separation. I can also assist you with completing and filing a divorce petition and determining which court is appropriate for you to file with based on your residency. We will also review all areas of the divorce decree, including alimony, child custody, child support and visitation.
How Does the New York Divorce Process Work?
Once you confirm that you meet the residency requirements and grounds for divorce, you can proceed with filing. The divorce filing process typically occurs in this order:
- You and your attorney prepare and file the proper paperwork with the court (some of these forms can be filed online)
- You will then have someone else serve your spouse with the divorce papers
- Your spouse will have 40 days to respond by either agreeing or disagreeing with your terms; if they agree this will be considered an uncontested divorce, if they disagree it becomes a contested divorce and you will need to proceed to trial
- For contested divorces you will then need to set a court date with the help of your attorney and file additional required forms with the court
- Once you go to trial the judge will rule on the terms of the divorce: child custody, child support, spousal support, property division, etc.
You can read more about the New York Divorce process here. If you have any questions, you can also contact our experienced Bronx divorce attorney.
Does It Matter Who Files for Divorce First in NY?
Generally, no, it does not matter who files for divorce first in New York. The spouse who files for divorce is the petitioner, and the ex-spouse is the respondent. In New York, either party may file for divorce, and the court will treat both parties equally regardless of who initiates the proceedings.
However, there are a few potential advantages to filing for divorce first.
First, the person who files first may have more authority over the timing of the divorce. For example, they may be able to choose when finalizing the divorce.
Second, the person who files first may have more control over the divorce terms. For example, they may be able to choose where the hearing of the divorce will be, and they may be able to determine who will have custody of any children.
These are just potential advantages, and there is no guarantee that the person who files for divorce first will benefit from doing so. The divorce outcome will depend on several factors, including the evidence presented by both parties, the arguments made by their lawyers, and the judge's discretion.
If you are contemplating filing for divorce in Bronx, New York, you must speak to our divorce attorney to discuss your options. Our attorney can help you understand the law and represent you in court if necessary.
Can You Get a Divorce Without Going to Court?
Yes. In New York if you and your spouse are able to come to an agreement on the terms of your divorce (this includes things like property division, support payments (child and/or spousal), and custody arrangements) you may be able to proceed with your divorce without going to trial.
This type of divorce proceeding is known as an “uncontested divorce.”
When a divorce is uncontested that means that either both parties are able to agree on the terms without having a mediator, or that one party has failed to respond to the divorce request. Uncontested divorces can often save both parties time and money.
If you and your spouse are unable to agree on the terms of your divorce then you will need to go through the process of filing for a “contested divorce” and going to trial. It is however still recommended to consult with an experienced Bronx divorce attorney when going through this process.
Work with an Experienced New York Divorce Attorney today!
Unlike other firms that will push your divorce quickly through the courts with little regard for you personally, I will take the time to get to know you and your situation. I believe in ethical treatment of each and every client who seeks my counsel and I always work to keep an open line of communication between myself and my clients.
You should not have to face the New York legal systems alone and you never have to when you work with The Law Office of Ava G. Gutfriend. If you are facing a divorce, I encourage you to schedule a consultation with our experienced divorce attorney serving Bronx right away and see the difference The Law Office of Ava G Gutfriend can make in your case.
Contact The Law Office of Ava G. Gutfriend to get started with divorce representation in New York. Give us a call today to speak with an experienced Bronx divorce attorney.
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