At New York Family Law Group, Martin Mohr and Ethan Steward specialize in a holistic approach to divorce, assisting clients as they manage stress, finances, and co-parenting during divorce proceedings. We can help you and your spouse work toward an amicable resolution that’s in the best interest of your children. Contact us now to schedule a consultation, and get help from our New York divorce lawyers right away.
The grounds of “irretrievable breakdown” are also known as “no-fault” divorce. To use this ground for divorce, the spouses must have had a breakdown in their relationship for at least 6 months.
In addition, all economic issues including debt, division of marital property, child support and custody, and spousal maintenance must have been settled by the spouses.
To get a divorce in New York State, you must meet the residency requirement, meaning:
You also must meet one or more of the seven grounds for divorce in New York, meaning you have a legally acceptable reason for the divorce to occur.
There are seven grounds for divorce in New York, as follows:
Not always. In fact, it’s common to settle uncontested divorce proceedings out of court. When this happens, both spouses agree to terms of divorce, usually with the help of divorce lawyers. Then, this agreement is presented to the court. If the court approves the agreement, the divorce will be finalized.
However, if you or your spouse disagree on any particular part of the divorce and cannot come to an agreement out of court, this is known as a “contested divorce,” and must be settled in court.
New York is an “equitable property” state. This means that marital property will be divided “equitably,” though not necessarily in a 50/50 split. The court will take into account the age of both spouses, earning potential, health, and other factors to determine the division of marital property.
Marital property is any kind of property acquired during the marriage, regardless of who earned it or whose name it’s held under. This is divided during a divorce.
However, separate property is not divided. This consists of property and assets acquired before marriage, as well as certain types of property like gifts and inheritances. These assets are not divided between the divorcing couple.
Whether you are interested in settling an uncontested divorce out-of-court with your spouse, or you are involved in a contested divorce and need lawyers to represent your best interests, attorneys Martin Mohr and Ethan Steward are here to help.
At New York Family Law Group, our New York divorce attorneys will support you and guide you throughout the divorce process, and work toward the best possible outcome so that you can move forward with your life. Contact us now to schedule a consultation today.