Long Island and New York Divorce Lawyer

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Contested divorces are cases in which the parties cannot reach agreement over the marital issues - residential custody, legal custody (decision-making for the children), child support, spousal maintenance, equitable distribution of marital property. A divorce occurs when a marriage is legally terminated. A divorce is an extremely stressful and traumatic event. You need an experienced divorce lawyer who is sensitive to your needs. In New York State, a divorce addresses the legal resolution of custody, financial support, and distribution of the marital assets and debts.

In a contested divorce, each party often retains his or her own divorce lawyer and the divorce process is litigated in Court. If there are children of the marriage, the children are usually assigned an attorney to represent them. The Lawyer for the Child represents the best interests of the children during the divorce. A litigated divorce can take a profound emotional toll on the parties and the children.

To divorce in New York, there must be certain facts connecting the parties to New York for the New York Supreme Court to have legal jurisdiction over the parties and their divorce. For example, the parties must have been married in New York and one of the spouses has been a resident of New York for a year immediately before the divorce action begins. There are other jurisdictional facts and circumstances that suffice for parties to obtain a divorce in New York.

In New York, there also must be a legal reason - "grounds for divorce" - to obtain a divorce. There are grounds for divorce which are considered to be fault related and there are grounds for divorce which are not fault based. For example, a party can obtain a divorce from their spouse because of cruel behavior sufficient to warrant dissolution of the marriage, legally known as 'cruel and inhuman treatment". This is fault based. The grounds without fault are being legally separated for one year with a legal judgment of separation or a legally binding and properly filed separation agreement.

However, the enactment of a new law, 'no fault divorce", which went into effect on October 15, 2010 in New York State offers the parties another ground for divorce. This law has amended the Domestic Relations Law Section 170, which enumerates the now seven grounds for divorce. The new ground is when "The relationship between the husband and the wife has broken down irretrievably for a period of at least six months". One of the parties must state this fact, under oath, in court. Furthermore, no judgment of divorce will be granted by a New York State Supreme Court unless and until the economic issues of equitable distribution of marital property, spousal support, child support, counsel and expert fees, and custody and visitation with the children of the marriage

The law of divorce is complicated in New York. The new law of divorce presents some changes, which have yet to be litigated and presented to New York judges for their interpretation. In this ever changing legal environment of divorce law, you need a capable and experienced divorce lawyer, counsellor and advocate.

If you are contemplating filing for a divorce in Long Island Manhattan or Nassau County, or if you believe that your spouse has contacted an attorney or filed for divorce, Peretz Family Law & Mediation, P.C. can provide you with the experienced, dedicated, and focused representation you deserve. To schedule a free consultation, please contact Long Island divorce lawyer and New York City divorce lawyer Adam Peretz today.