Uncontested:
What types of divorce are available in New York?
Contested:
Providing the greater New York area with Exceptional Legal Services in Matrimonial Matters since 1995.
How does a no-fault divorce work?
Contested & Uncontested Divorce in New York.
What is a no-fault divorce?
Facing up to the reality of a failed marriage is a very difficult task. It is emotionally taxing and it often effects the ones closest to you as well. On top of that, the legal process is complicated. For those who are not cautious or uneducated, dangers and traps are all around. It is a monumental task to have to deal with the pain and hurt of a marriage that is ending, negotiate the legal process to dissolve the bonds of that marriage while at the same time craft plans for your post divorce future life. Unfortunately, if you or your spouse is contemplating a divorce you will have to deal with these challenges simultaneously.
If you are contemplating filing for divorce, you undoubtedly have many questions and concerns about how divorce will affect your life and your future. Frank J. Salvi, Esq. takes the time to listen to your questions and gives you sincere and straightforward answers.
There are two main types of divorces in New York:
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A couple must agree on the grounds for the divorce and reach a settlement agreement that addresses property division, child custody, child support and alimony. The settlement can be based on the terms of a premarital or post-marital agreement, if you have one.
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When spouses cannot agree on property division, child custody, child support or alimony, the process takes much longer. However, the couple may reach a settlement agreement at any point during the process without having to go to trial.
Historically, a spouse who wanted a divorce in New York State had to claim and prove that the other spouse was at fault for destroying the marriage. Because fault was a necessary element of divorce, spouses had to prove their basis or grounds for divorce in every case.
Under New York’s modern no-fault divorce laws; however, a spouse can establish a legal basis for divorce by simply pleading that the marriage has irretrievably broken down for at least six months prior to the filing of a divorce. Frank J. Salvi, Esq. will review your situation and help you determine if a no-fault divorce is right for you.
Prior to the enactment of the no-fault divorce law in August 2010, the New York Domestic Relations Law set forth six (6) possible grounds for divorce:
1) The cruel and inhuman treatment of the plaintiff by the defendant such that the conduct of the defendant so endangers the physical or mental well-being of the plaintiff as renders it unsafe or improper for the plaintiff to cohabit with the defendant
2) The abandonment of the plaintiff by the defendant for a period of one or more years
3) The confinement of the defendant in prison for a period of three or more consecutive years after the marriage
4) The commission of an act of adultery
5) The husband and wife have lived apart pursuant to a decree or judgment of separation for a period of one or more years
6) The husband and wife have lived separate and apart pursuant to a written agreement of separation for a period of one or more years
However, in August 2010, New York State enacted Domestic Relations Law §170(7) - Irretrievable Breakdown of the parties marriage - as a no-fault ground for divorce. One party must state under oath that the relationship between husband and wife has broken down irretrievably for a period of at least six months.
A New York court will not grant a no-fault divorce on the basis of irretrievable breakdown of the marriage until there’s a resolution of all of the following issues:
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Equitable distribution of marital property
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Payment or waiver of alimony
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Payment of child support
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Child custody and visitation
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Payment of fees for attorneys and experts
The Law Office of Frank J. Salvi, PLLC will advise and assist you through this difficult time in your life. Our firm has been serving our clients with trusted counsel and skilled advocacy in divorce matters since 1995. To get started with a confidential consultation, Call Today: 914-682-1993 or request your consultation online here.
At the Law Office of Frank J. Salvi, PLLC we strive to provide skilled, client centered representation in divorce and family law matters. Beginning with the initial consultation and throughout the case we look to accomplish the following:
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Listen closely to determine your needs and goals
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Craft an appropriate legal strategy to achieve your goals
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Maintain an open line of communication with you and provide updates on progress and problems throughout the case
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Work as a team both in Court and out of Court to achieve your stated goals.
For many people, the most substantial assets they have are their retirement accounts, 401(k)s, IRAs and pensions. People spend a lifetime contributing to these funds and working to build them up so that they have the ability to face their golden years with a sense of financial security and confidence.
During the division of property, most assets and property that were obtained during the marriage need to be divided. This includes money put into retirement accounts and earned pension benefits.
Division Of Pensions & Retirement Accounts.
Beginning the divorce process can turn a person's life upside-down. The finances that previously served everyone's needs now need to support two separate households. Once the divorce is final, issues like child support and spousal maintenance will be resolved, but a divorce, depending on the level of conflict and the issues involved, can take a substantial amount of time to resolve.
How are those issues dealt with in the interim? What if you need that financial support now? We can ask the court to order temporary relief on various issues such as child support and spousal maintenance. The court can make preliminary determinations that can ensure that you and your children have financial support while the issues of the divorce are being resolved.
Temporary Relief In Divorce.
Concerns over how one will pay the bills post separation/divorce are often the foremost on our client's minds. Unfortunately, these concerns are usually some of the most complex and contested aspects of a divorce case. They are typically addressed through an order of spousal maintenance, commonly referred to as alimony. Spousal maintenance is an order providing for payments from one ex-spouse to the other either during or after a divorce. At the Law Office of Frank J. Salvi, PLLC, we have the experience and skill necessary get you a fair spousal maintenance award in terms of both amount and duration.
Spousal Maintenance
In property division, "equitable" does not mean "equal." Numerous factors play into determining the division of marital property. The ultimate goal of equitable property division is to divide property acquired during the marriage fairly - not necessarily evenly.