Manhattan Divorce Attorney

When a marriage doesn’t work, it may be time for a couple to consider divorce. When over 50% of marriages end in divorce, it is important to understand what the future may bring. There are options available to the couple and depending on the contention, the process can be lengthy and complex. Though some resolve their issues outside of court, there are many instances where this is impossible and a couple will need to address their issues in front of a judge. With the decision of an uncontested or contested divorce, it is important to make these decisions with an effective and experienced attorney. At Zimmet Law Group, P.C., we recognize the impact of divorce on the individual and the family. Mitigating these effects and guiding you through tough times is our goal. When the division of assets, child support, child custody, and spousal maintenance are on the line, contact a law firm that knows how to resolve your issue in the best way possible. Contact Zimmet Law Group, P.C. for a consultation.

Establishing jurisdiction in New York

Before you can get a divorce in New York, you need to satisfy a few requirements that allow a court jurisdiction over your case. One of these prerequisites is the residency requirement. In New York, you need to establish that:

  • You or your spouse have lived here for at least 2 years directly before the divorce action.
  • You or your spouse were living here on the date of the divorce action and for a constant period of at least 1 year directly before the divorce action when your marriage ceremony was performed in the state or you lived here with your spouse as married persons.
  • You or your spouse have lived in the state for a continuous period of at least 1 year directly before the date of the divorce action and the grounds for divorce happened within state lines.
  • You and your spouse are citizens of the state on the date of the divorce action and the grounds for divorce happened in New York.

Once your residency requirement is satisfied, you will need to cite legal grounds for divorce. Fortunately, New York is a “no-fault” state, but it does allow for fault grounds to be cited and the commencement of the divorce process. The 7 legal grounds for a divorce include:

  • Irretrievable breakdown in a relationship for at least 6 months
  • Adultery
  • Cruel and inhumane treatment
  • Abandonment
  • Imprisonment
  • Living separate and apart after separation judgment
  • Living separate and apart after a separation agreement

It is important for a couple to consider the implications when deciding between fault and no-fault divorce. Fault ground can be contested, leading to legal complications before the actual marital issues are discussed. In New York, most people choose to cite irretrievable breakdown to get right to the matter at hand.

Contested divorce

When a couple divorces, they have options as to how they dissolve their marriage. Marital issues can be emotional and deeply disputed. These issues have a significant impact on each individual, especially when children are involved. Marital matters, including child support, division of assets, child custody, and spousal maintenance can easily lead a couple to a contested divorce. When issues are left unresolved and a couple cannot come to terms outside of court, a contested divorce may be the only way to dissolve the marriage. These court cases are complex. When all sides are heard, a judge will decide on the matter in an equitable way. The court’s goal is to act in the best interests of the child and make a judgment in a fair and just way to both parties. In the end, a Judgment of Divorce will end the matter and pass down the terms of the divorce, including alimony structures, the ways in which the property will be distributed, parenting arrangements, child support obligations, and any other relevant issues.

Uncontested divorce

An uncontested divorce describes a marriage that ends with all matters resolved before a court case begins. Many couples utilize alternative dispute resolution methods, including mediation and Collaborative Divorce, to resolve their marital issues. The goal of these alternatives to litigation is to negotiate outside of court and draft a Separation Agreement detailing the terms of all relevant marital issues. When executed, a Separation Agreement can be used to request a Judgment of Divorce. Some people that can set aside their differences find an uncontested divorce the right option for them, often saving time and money once the matter is completed.

Contact Zimmet Law Group, P.C.

At Zimmet Law Group, P.C., we will guide and advocate for you during this difficult time while using our experience-driven command of New York matrimonial law to reach a resolution that works for you. Our attorneys are renowned for the tireless effort they devote to protecting the interests of the firm’s clients and their families. To schedule an appointment with an effective divorce law firm, contact Zimmet Law Group, P.C.

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