3 Reasons You Need A Divorce Attorney to Get Through This Tough Time

A divorce certificate and an ink pen lying on it

“Do I need a divorce attorney?” is probably not the question you thought you’d one day ask yourself back when you walked down the aisle or took your vows, but here we are. Continue reading “3 Reasons You Need A Divorce Attorney to Get Through This Tough Time”

A Guide to the Divorce Process

 a wedding ring

Several reasons lead people to divorce, such as lack of commitment and cheating—all these warrants as the grounds for divorce.

Most people looking to get a divorce may understand the divorce process and what it entails. Here’s a guide to understanding the divorce process in New York:

The Requirements for Divorce

There are mainly two requirements to file for a divorce. Firstly, one needs to establish that residency is based in the city where divorce is being filed. The second requirement pertains to grounds for divorce. Grounds for divorce include adultery, separation, imprisonment, and abandonment. If you are filing for a contested divorce, which means that your spouse is objecting to it, the formal grounds will need to apply.

Whereas, if you’re seeking an uncontested divorce, meaning both parties are in agreement of it, simply stating that the marriage has irrevocably broken down is enough to justify a divorce.

Issue the Forms to Your Spouse

Once you have filed for divorce and the petition is accepted, you must now ensure that your spouse is informed about this. The next step after telling them is to serve them with the divorce papers.

It is a common misconception that if a spouse does not sign the papers, the divorce process will not go ahead. Their signature is not needed for you to go along with the process, and their agreement or disagreements will lay the grounds for an uncontested or contested divorce.

People signing documents

Child Custody in the Divorce Process

The case for child custody also begins with the divorce process. The court always prefers both the parents to be granted custody of the child.

However, if one parent wins the custody battle, the other can still meet the child during visitation hours.

The divorce process is not always a contentious legal battle but can be an apical agreement between two people. If you’re looking to hire a professional divorce lawyer Brooklyn or divorce lawyer Queens to assist you, you’ve come to the right place.

 

At Ledwidge & Associates, P.C., we are a reputable legal firm with over fifteen years of experience. Our expert team has assisted hundreds of clients in Queens, Brooklyn, and New York. We provide services in family law, probate law, real property law, and many more. Reach out to us to book an appointment and seek professional guidance in complex legal procedures.

Spousal Support Claims – Laws and Principles

Close-up of a gavel

A marriage is a legal union of two people who want to spend their lives together. There are certain rights and obligations of each spouse that have to be met. One of those rights is spousal support. The blog will discuss what spousal support is, its laws and principles, and how you can claim it.

What Is Spousal Support?

Spousal support is used interchangeably as spousal maintenance and alimony but there’s a difference. Spousal support is an amount paid by one spouse to another spouse during marriage and divorce proceedings, while spousal maintenance and alimony are paid after a divorce. According to Family Law, spousal support is a right and one should fight for it when marriage obligations aren’t being met. Our family lawyer can help you claim spousal support.

Laws And Principles Pertaining Spousal Support

The family court awards the spousal support since spouses have a legal duty to support each other financially. Furthermore, both spouses have to be alive to claim and receive spousal support. It has no term limit, and the spouse can receive the amount until the divorce or death of one of the spouses. Both the petitioner (the spouse claiming for spousal support) and the respondent (the spouse that supposedly ought to pay) can hire family lawyers.

Family lawyer’s desk with law books on it

How To Claim Spousal Support Or Maintenance

A spousal support case starts once the petitioner files a petition in the Family Court. The court then summons the respondent to be served. The judge or support magistrate decides the verdict after assessing the financial situation of each spouse. However, after a divorce, one can’t claim spousal support but can claim spousal maintenance during divorce proceedings.

 

Under the 2015 law regarding spousal maintenance, the amount is determined based upon each spouse’s income. You can use this calculator to determine your spousal maintenance amount. If you want to seek legal aid when claiming spousal support and maintenance, you’ll need the assistance of an experienced divorce attorney.

 

Ledwidge & Associates, P.C., is a trusted law firm in New York City that focuses on estate planning and Family Law Services Brooklyn and Family Law Attorney Queens. Our divorce attorney can serve spouses seeking a divorce in Brooklyn, Bronx, Long Island, Manhattan and Queens and guide them through the divorce process. Contact us now and our divorce attorney will gladly be of assistance.

What Are the Pros and Cons of No-Fault Divorce in New York?

Since 2010, getting a divorce in NY was made easier when New York enacted no-fault divorce laws. A no-fault divorce is where one party can file for divorce if they are no longer happy in the marriage. They are not required to prove grounds for wanting the divorce, just that their marriage has broken down and there is no chance of a reconciliation.

Young couple is drifting apart after breakup

Pros of the New York No-Fault Divorce Process

There are several advantages provided by the New York no-fault divorce process.

  1. There is no need to prove that one party caused the breakdown in the marriage through adultery, domestic abuse, or other such reasons. If one person is behaving in such a manner, the other party can easily get out of the marriage without having to provide evidence of such treatment in court.
  2. The wait time to get a divorce is faster. In New York, you can file for divorce and obtain it in a matter of months, once you have met the 6-month minimum waiting period demonstrating the marriage cannot be salvaged.
  3. The costs to get a divorce can be less in amicable situations. When both parties want out of the marriage, there is not a lengthy trial over the disposition of marital assets, child custody, and other such issues.
  4. A couples’ reasons for divorce can remain private and do not have to become public knowledge. With no-fault divorces, the only reason one has to give for the divorce is that the marriage has failed and there will be no reconciliation.
  5. Parties can better focus on negotiating and reaching a settlement. To receive a divorce decree, a divorce settlement has to be reached that details how marital assets and the marital home will be divided, as well as child custody and access, and spousal support where applicable. Instead of wasting energy on arguing about who was at fault for the divorce, the couple can better put their energies toward reaching an agreement as soon as possible.
  6. It is better for minor children when their parents were in an unhealthy marriage. Children do not have to feel trapped and on edge when one parent is argumentative toward the other. Rather, once the parents are separated, a no-fault divorce helps create a healthier and stable environment for the children.

Kid daughter feeling upset while parents fighting at background

Cons of the New York No-Fault Divorce Process

There are a few cons related to the New York no-fault divorce process one should know:

  1. It is easier to get out of a marriage. It is not uncommon for one person to just want to be free from the other, and a no-fault divorce allows them to exit the marriage even when the other party doesn’t want to get divorced.
  2. When one person has behaved poorly, it does not require the other party to inform the court of their behavior. While the court will take into account what is best for minor children, they are not interested in adultery and other such issues any longer. This may leave some people feeling the other party is getting “off-the-hook” too easily.
  3. In contentious situations, the divorce process can be much longer and tedious. If one party refuses to negotiate to reach the divorce settlement and wants to litigate everything in court, it will take longer to finalize the divorce.

While there are a few cons to the no-fault divorce process in New York, the pros far outweigh them. To find out more about getting a divorce in NY, including Queens, Brooklyn, Manhattan, Jamaica, and NYC, contact Joseph A. Ledwidge PC at 718-276-6656 to schedule a consultation today!