The process is getting divorce is not just difficult on a personal level, it is complicated from the legal perspective. There are multiple issues in need of resolution, and even the simple act of filing for the divorce requires on a careful following of legal process, lest the ultimate resolution be delayed. Our Manhattan matrimonial lawyer works with clients on their divorce petitions, responses, and all the attendant issues that will then come up as a part of the settlement.
Guilford Law Group, PLLC serves people across the five boroughs of New York City and into Rockland County and Westchester County. A bilingual firm, we work with both English and Spanish-speaking clients. Call today at (646) 783-0074 or reach out here online to set up a consultation.
The state of New York has a residency requirement for divorce, meaning that at least one of the spouses has to have resided here in the Empire State for at least one year before a divorce petition can be filed.
It must then be determined on what grounds the divorce will be sought. New York allows for “no-fault divorce”, which allows the petitioning spouse to simply cite an irreparable breakdown of the relationship. A divorce can also be sought on fault-based grounds, which range from abandonment to adultery to cruel treatment, and more.
These grounds have to be proven in court, and the prospect of bringing personal issues into a public forum are not always welcome. However, proving these grounds may have an impact on other aspects of the settlement, including child custody. This is a difficult issue, and every marriage is different. Our Manhattan matrimonial attorney can provide compassionate and professional counsel on the way forward in each individual case.
Once the proper paperwork has been filled out to file the divorce petition, the other spouse must be served with papers. This must be done in person if the spouse still lives in New York, although the filing spouse need not be the one to handle the service. If the spouse lives out of state, the rules of service for that state are to be followed. Failure to accurately serve papers can delay the divorce process.
The other spouse then has the opportunity to file their response. They must make the decision as to whether this will be a contested divorce—one with dispute over what is in the filing—or if it will be uncontested, with the spouses able to reach an agreement on terms.
Contact Guilford Law Group, PLLC at (646) 783-0074 or just fill out our online contact form. We’ll arrange a time to meet and discuss the circumstances of your divorce case.
Our Manhattan matrimonial lawyer believes that the ideal situation is one where couples can reach a settlement between themselves, using mediation if necessary, and avoid a contested situation. Contested divorces take longer. The fact they end up in court means everything, from the value of financial assets to personal issues, end up on the public record. It’s certainly preferable to work out a solution in a more amicable manner.
But the first priority here at Guilford Law Group, PLLC will always be the best interests of our client. The terms of the divorce settlement—from property division to spousal support to child custody—will go a long way towards shaping the next phase of our client’s life. Making sure that settlement is fair will always be our primary objective, even as we seek to do in private negotiations.
Guilford Law Group, PLLC is determined to use all the tools in our legal toolbox to fight for a fair outcome for each and every person who comes through the doors of our Manhattan office. Call today at (646) 783-0074 or contact us online to set up a consultation.
Exceptional intellect, legal acumen, and compassion that make him an effective advocate.- Former Client