New York Divorce Lawyers
With the marriage failure statistics as high as ever, New York couples headed for divorce are an inevitable but unfortunate fact.
Since divorce is legally defined as the legal dissolution of a valid marriage, effective legal advocacy on the part of the party bringing the action is essential for a fair and equitable settlement. . A divorce provides each spouse the legal right to marry someone else. Also, a woman who has her husband’s last name will be legally entitled to resume her maiden name. A divorce also includes a distribution of the couple’s assets and debts, as well as a determination of issues pertaining to the care and custody of and visitation with minor, emancipated children of the marriage, child support and spousal support. If domestic violence is a problem in the marriage, you can also seek an order of protection.
According to New York divorce lawyers Macron and Cowhey, it is required that a spouse seeking to legally dissolve his or her marriage prove that there are occurrences of marital misconduct or “fault” by the other spouse. As a result, to achieve a divorce in New York, unless the parties agree to an uncontested divorce, the spouse seeking a divorce must establish at least one legal ground for dissolution of the marriage.
Macron and Cowhey additionally point out that there are four clear, legally recognized “fault” grounds for divorce in New York. These are:
- Cruel and inhuman treatment
- Abandonment
- Adultery
- Imprisonment
It’s an unfortunate realization, and many people hate to admit it, but a New York divorce might be the only viable option for a healthy lifestyle. When considering a divorce, there are many other factors that play a role in this life-changing decision. It is best to take some time to research what is involved with a divorce, consult with your New York divorce attorney, and consider the effect it can have on your life.
What is an uncontested divorce?
An uncontested divorce is generally a divorce that the two parties agree on. They work out the specifics of their assets and split them up according to mutual agreements outside of court. With an uncontested divorce, there is no alimony, child support or custody issues.
Once a couple has decided to have an uncontested divorce, they need to place their agreement in writing and present it to their local courthouse. If the court deems that the agreement is fair for both parties, they grant the couple a divorce. An uncontested divorce is also quicker and the couple does not need to wait as long until it becomes final.
How do I file for divorce?
Start by consulting with your New York divorce lawyer to determine the best path forward. It is also possible to file for divorce without alerting your spouse by going to the courthouse and filling out the correct paperwork. If you want to be sure that you do everything correctly, the best thing to do is to hire a divorce lawyer to file the papers for you.
For additional information, please visit http://www.legalsolutionsny.com/divorce.html or call 212-346-9060 for immediate assistance.
