Family Law in The Bronx, NY

So much of the emotional divorce process is about blame and fault. But in New York, the fault also has a legal impact and is the basis for grounds for divorce. In New York State, the individual filing for divorce must provide grounds, or fault, for that divorce decision. 

In NY, there are seven accepted grounds for divorce:

• There has been an irretrievable breakdown in the marriage for at least six months.
• There have been cruel and inhuman treatment by one of the spouses within the previous five years.
• One spouse has abandoned the other for over a year.
• One spouse has been imprisoned for three years or more. This ground can also be used for up to five years after that spouse’s release.
• There is evidence of adultery during the time of the marriage.
• The spouses have been legally separated for a year and have lived separately.
• There was a Judgment of Separation created by the Supreme Court. This is rarely used ground.

Because marriage is a legal and emotional relationship, many legal aspects must be addressed and settled to move forward for a couple to be granted a divorce in New York. Sometimes, a couple can come to these agreements themselves and seek an uncontested divorce. But in some cases, they will need to be addressed by the court if a couple can’t agree to their own terms.

Before a divorce can be granted, many things will need to be settled by the divorcing couple, including:

• Division of property
• Spousal support
• Child support
• Child custody

When a couple can cooperate and find common ground or negotiate terms with the assistance of a New York lawyer or mediator, it can save significant costs and time. To schedule a consultation with our experienced divorce lawyer, please call (718) 293-1542.

There are many reasons that couples seek a contested divorce in NY. One spouse may not want the divorce or feel disadvantaged, or the spouses cannot come to terms with decisions that must be made. In some cases, one spouse may be concerned about the truthfulness and transparency of the other. 

When divorcing spouses cannot make decisions or compromises necessary for their divorce, they must rely upon the legal system and litigation. This is considered a contested divorce. Once the court makes its final decisions, both spouses will be bound by them, whether they like them or not. 

Suppose you and your spouse cannot find common ground. In that case, it is essential to get skilled legal guidance to ensure your rights are fully represented during a contested divorce. Family law attorney Martin Mohr and divorce attorney Ethan Steward offer experienced representation to ensure your best interests are considered during the process. While divorce is never easy, getting experienced and knowledgeable representation is critical, especially when couples can’t agree and much is at stake.

For those couples who don’t want to navigate the costly and time-consuming process of a contested divorce, New York allows spouses to obtain an uncontested or “no-fault” divorce.

While no-fault divorces have only been recognized in New York since 2010, they are now the most utilized grounds for divorce in New York today. No-fault divorces potentially reduce the contentiousness of the divorce process and allow a more cost-effective and timely resolution for the divorcing couple to move on with their lives.

If you are considering a no-fault divorce in New York, you and your spouse must have satisfied the residency requirements and agreed:

• That both of you want the divorce
• That you are divorcing due to an irretrievable breakdown in your marriage
• On the division of your marital property
• On child custody arrangements
• On a parenting time schedule for the noncustodial parent
• On child support
• On spousal support

While this seems like a lot for a divorcing couple to agree upon under the circumstances, these issues can be mediated or negotiated with the help of a New York divorce lawyer. With experienced guidance, these matters can be fairly negotiated so that you can make your own decisions, not the court.

At the New York Family Law Group, divorce attorney Ethan Steward and family law attorney Martin Mohr have guided their clients toward the best resolution possible. Whether the divorce is highly contentious or the couple has agreed to many terms of their divorce on their own, having an attorney at your side can make all the difference. If you are navigating a divorce, having our skilled legal representation ensures that all aspects of your divorce will be legally considered and addressed. You will understand your rights and the long-term consequences of your decisions to make the right ones for your future.

Call us today at (718) 293-1542 or send us an email through our form to schedule a consultation with an experienced New York attorney.

One of the most significant decisions you and your spouse face during your divorce is how you will provide for and co-parent your children. Who will be the primary custodial parent? How will you make important decisions about their healthcare and education? Who will be responsible for child support, and how much should that be?

The family court system in New York will always focus on what it determines to be in the child’s best interests. Suppose a couple cannot agree on how to emotionally and financially co-parent their children. In that case, the court will do that for them. 

When it comes to child custody and support, emotions often run high, and negotiations can be highly contentious. While the court will consider parents’ wishes when making its determinations, it will always err in the child’s best interests, not the convenience of the parents. A divorcing couple should consider getting the guidance of an experienced lawyer to navigate these critical decisions.  

New York City divorce attorney Ethan Steward and family law attorney Martin Mohr can help you understand the full legal impact of any decisions you make regarding your children and help you navigate the system, so you are in control. Once the court becomes involved with child custody and support matters, the couple must abide by the court’s decision. On the other hand, when a couple can come together to make decisions for the benefit of their children, the better for everyone involved.

Under New York law, two types of property are owned by married partners. One is separate property that has been acquired and is owned by the individual. The other is marital property that the couple has acquired during the marriage. The same holds true for separate and marital debt.

In a divorce, separate property and debt remain in each spouse’s possession and responsibility. In contrast, marital property and debt must be divided. New York is an equitable distribution state. Under equitable distribution rules, assets are equitably divided considering many different factors, including:

• The income of each spouse
• The separate property of each spouse
• The length of the marriage
• If spousal support is a factor
• The age and health of each spouse
• The education and earning capacity of each spouse
• The personal wishes of each spouse about particular belongings
• How liquid are the assets are

Equitable does not mean an even split of property and debt. Even when property division is relatively equal, some assets, such as the family home or a family business, cannot be split evenly, and other remedies must be considered.

To fairly divide marital assets, an asset valuation must be done to determine what each is worth. This will be relatively easy for some assets but more difficult for others. Couples who can negotiate and reasonably agree to divide their marital property and debt between themselves can save on costly appraisal fees and reduce points of contention. A skilled New York divorce attorney can help a couple negotiate a property division that works for both spouses.

Please get in touch with New York Family Law Group today at (718) 293-1542 to speak with a New York attorney who may be able to help with your case.