New York Divorce Attorney
Divorce proceedings can be either contested or uncontested. In a contested divorce, both parties are required to appear in court to discuss all areas of the marriage (marital property distribution, marital assets & debts, pensions, maintenance (also called alimony or spousal support), if children are involved - child custody & support, etc). In an uncontested divorce, neither party has to appear in court for the final judgement of divorce to be signed by the Judge. This occurs when neither party has any disagreement as to any aspect of the marriage and can proceed without the need of the court to intervene.
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Navigating divorce can be a confusing and overwhelming process, one that impacts every aspect of a person’s life. As we meet individually with clients considering divorce, we discuss their concerns that including everything from finances to child custody. Enlisting the help of a reputable attorney who has represented individuals facing similar challenges is one of the best investments you can make during this emotionally draining time. Regardless of your situation, hiring an attorney will ensure the most favorable outcome as divorce proceedings unfold. Simply put, hiring an attorney is the best form of self-protection and care when you need it most.
New York state does not employ the 50/50 split of marital property unlike other states
For the past ten years, the state of New York has granted “no fault” divorces, which means petitioners no longer need to provide a reason for the divorce. Therefore, any two people who desire a divorce are granted one by the state, regardless of the details. However, the details will come into play when you and your attorney negotiate matters including custody, maintenance, and financial matters. Another common question we receive is whether New York is a 50/50 state. The answer is no. Alternatively, New York is an equitable distribution state which means that property division is handled in a way deemed most fair to both parties. These questions represent a sampling of the questions we receive from prospective and current clients who enlist our help. The legal process of divorcing is quite complex and one we do not recommend navigating alone. Why do we emphasize the importance of having legal representation? Whether you realize it or not, these decisions that you make now will have lasting implications on the rest of your life.
Prospective clients will often ask, if my relationship with my ex-spouse is civil, do I need a divorce attorney?
The answer is yes, especially when children are involved and/or there are unresolved financial issues. Often times in the situation of civil ex-spouses, divorce proceedings begin civil and quickly become uncivil. Legal representation during divorce protects all parties. In cases where the individuals involved were married for a short-term, they may qualify for an annulment, which legally cancels and erases the marriage as if it never happened. Without legal representation, how do individuals even know to consider this option?
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When our clients and their estranged spouse have a civil relationship and are willing to negotiate, an uncontested divorce can be filed on the party’s behalf saving lots of time and money. A skilled attorney would complete all the filings with the Court, execute a stipulation of settlement outlining all areas (finances, distribution of property, child support, child custody, etc.) and submit to the Judge for a final divorce decree without the parties ever having to appear in court. Mediation is another common alternative to a drawn-out court battle. Hiring a divorce lawyer to represent you in the mediation process is ideal. The terms of the agreement, once agreed upon by the couple and lawyers, is taken to the judge for final approval. Knowing whether an uncontested divorce or mediation is a viable option for you is a topic your lawyer can help you consider avoiding an exhausting and expensive litigation process.
Hiring the right lawyer can make all the difference
Hiring the right lawyer is key to ensuring a favorable and just outcome, which is why Stacey Pennetti, Attorney at Law is a natural choice. She will act as a strong and loyal advocate for you during one of the toughest phases of your life. She will be by your side, handling the complexity of dividing property, determining child custody, child support, negotiate maintenance and if necessary protective orders. Not only will your divorce be easier emotionally but quicker to resolve in the end. Moving forward after a divorce will take time but making sure the right structures and support are in place will expedite the healing. Hiring a seasoned divorce attorney with a proven track record of wins on your side is one of the best ways to take care of yourself during this difficult time.