Divorce

A divorce is the legal dissolution of a valid marriage. A divorce gives each spouse the legal right to marry someone else. Additionally, a woman who took her husband's last name will be able to resume her maiden name. A divorce also involves 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, unemancipated children of the marriage, child support and spousal support. If domestic violence is a problem in the marriage, you may seek an order of protection.

New York requires that a spouse seeking to legally dissolve his/her her marriage prove marital misconduct or “fault” by the other spouse. Therefore, to get 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 dissolving the marriage.

There are four clear, legally recognized “fault” grounds for divorce in New York. These are:

• Cruel and inhuman treatment
• Abandonment
• Adultery
• Imprisonment

In addition to these four grounds, there are two others, generally referred to as “conversion” grounds:

• Conversion of a separation judgment
• Conversion of a separation agreement

New York has added a divorce based on irretrievable breakdown of the marriage:

• No Fault Divorce

Once you have decided to seek a divorce, or have been served with a divorce complaint by your spouse, it is very important that you seek the counsel of an experienced family law attorney. During the initial consultation, a knowledgeable family law attorney will, among other things, determine whether you have the requisite grounds for divorce. If you are the defendant or potential defendant in a pending or yet-to-be filed divorce action, the attorney will also evaluate potential defenses to the divorce action.

Call our office at, (718) 889-3583 and make an appointment for a free, no-obligation initial consultation.