NYC Divorce Lawyer - Queens & Manhattan
Let’s get straight to the point: divorce can be ugly. It’s highly emotional, legally complex and financially challenging. You need more than reliable legal guidance. You need expert advice from experienced professionals. Welcome to Aronov Law NY. Whether you're ending your marriage or have been served with a divorce petition, enlisting the services of an expert divorce attorney is an absolute must.
At Aronov Law NY we quickly will identify the most effective strategy for a favorable outcome, advocating for your best interests. We understand the tremendous complexities of divorce and its impact on you and your family. Our primary goal is to offer comprehensive representation throughout the divorce proceedings. You need to be able to face the challenges of divorce with confidence and peace of mind. Our NYC Legal Team provides you with many years of experience. Like you, every case is unique and requires personalized attention, that’s what we do best . . . personalized solutions that get you the best results.
Divorces can be extremely challenging. They require both emotional resilience and careful navigation to ensure all legal responsibilities are satisfied on time and remain compliant with the law. Fortunately, a divorce law firm can take on the majority of these tasks on your behalf. They can supervise your entire divorce case and ensure that no detail is overlooked, improving your chances of a favorable outcome.
At Aronov Law NY, we have spent years helping the Queens County and the greater Five Boroughs win their divorce cases. Our experienced team of family law attorneys is ready to provide the level of attention and compassion required to support each client. We work hard to keep the process as smooth and stress-free as possible while ensuring that every aspect of the divorce is handled with care and professionalism.
Why Hire a Divorce Attorney?
The knowledge and experience of a divorce attorney can have a significant impact on the outcome of your case. Their support can serve as a great source of comfort during an emotionally challenging time. Below is a comprehensive list of why you will need to hire a legal professional and what the day to day tasks that they will perform.
- Access to Comprehensive Legal Knowledge: Divorce attorneys understand the nuances of their discipline. They have a strong understanding of state laws, court procedures, and the legal precedents that may need to be cited to help your case.
- Objective Advice: While you might try to keep personal emotions out of the courtroom or the negotiating table, it can be difficult to do so during a divorce. Hiring a divorce attorney can provide access to objective advice and guidance that will help you make more informed decisions in your case.
- Assistance With Paperwork: A significant amount of paperwork must be filled out during the divorce process. This includes different financial disclosures, custody agreements, and court filings. Missing any submission deadlines or submitting incomplete paperwork can significantly delay divorce proceedings. Having an attorney can help ensure all documents are filled out correctly and submitted on time.
- Negotiation Skills: Several divorce cases can be settled through negotiations rather than litigation. To increase your chances of avoiding litigation, hire a divorce attorney to negotiate on your behalf. Their skills can help identify and address any areas of possible conflict with creative solutions that satisfy both parties.
- Court Representation: If your case needs to go to court, having a divorce attorney in the room with you is crucial. They will be able to effectively present all arguments on your behalf, cross-examine witnesses, and argue any new motions if necessary. Their experience allows them to anticipate and respond to different tactics that opposing counsel may use. This would be incredibly difficult, if not impossible, to do on your own.
What Is the Average Cost of a Divorce Attorney in Queens & New York City?
How Much Are Court Filing Fees for Divorces?
The average court filing fees for divorces in New York total is at least $335. This fee helps cover the bulk of the administrative costs associated with filing and serving divorce paperwork. There could be other fees added to this price, such as additional costs for obtaining certified copies of your divorce decree. If you are unable to afford these fees, discuss whether there are any fee waiver options available with your divorce attorney.
What Is the Process for Filing for Divorce in NY?
The process of filing for divorce in Queens begins when one party files a “Summons with Notice” with the local county clerk’s office. The filing spouse must then serve the divorce papers to the other spouse involved. After the receiving spouse responds, the case will advance to the discovery and pretrial negotiation phase. If both parties are unable to come to an agreement during negotiations, the case will be heard in front of a judge and jury for a final verdict.
Can a Divorce Settlement Be Modified After the Divorce Is Finalized?
Yes, divorce settlements can be modified once a divorce case has closed. However, specific circumstances need to exist for this to happen. The most frequent modifications requested relate to child custody, child support, and spousal support arrangements. For example, if one parent has lost their job and had to take a lower-paying position as a result, they may no longer be able to afford the original child support payments.
Why Retain Aronov Divorce Law?
The unfortunate truth is this . . . you and your soon-to-be-ex may be on good speaking terms at the moment but it has been our experience of many years that this phase can quickly dissolve and lead to a seriously problematic situation. Whether there are children involved or not, divorce is almost always much more complicated that either party realizes. Why make this emotionally charged life-event more difficult than it has to be? Placing the proceedings in the hands of our specialized divorce attorneys eases the burden of navigating both the legal and emotional difficulties you are facing. With Aronov Law NY we ease the stress, buffer emotional confrontations and ensure you of a beneficial outcome.
Our NYC divorce attorneys provide essential legal guidance, handle administrative tasks on your behalf, and where required, explore alternative dispute resolutions. Having our attorney on your side ensures that your best interests are considered and ultimately achieved.
Understanding the Types of New York Divorce Laws
In New York, there are several distinct types of divorce actions that individuals can pursue. The most common categories include:
- Uncontested: This occurs when both parties reach a complete agreement on all divorce terms, including property division, child custody, and alimony. Uncontested divorces are typically quick and affordable.
- Contested: This arises when the parties involved disagree on one or more aspects of the divorce. Such cases tend to be more complex and may require court hearings and mediation.
- No-Fault: This is based on the grounds that the marriage has irretrievably broken down and reconciliation is not possible. No-fault divorce is the most prevalent in New York City and falls under Uncontested or Contested.
- Fault-Based: This is pursued when a party files for divorce based on one of the seven statutory grounds of fault, such as adultery, abandonment, cruelty, or imprisonment. Fault-based divorces are less common than no-fault divorces and fall under Uncontested or Contested.
- Summary Divorce: This option is available to couples who have been married for less than 10 years, have no children, and possess minimal assets and/or debts. Summary divorce is less formal and can be finalized relatively quickly.
The 7 Legally Recognized Grounds for Fault-Based Divorce in New York City?
- Adultery: This occurs when one spouse engages in a sexual relationship outside of the marriage.
- Cruel and Inhuman Treatment: This applies when one spouse treats the other in a manner that is considered improper or creates an unsafe living environment.
- Abandonment: A situation where one spouse deserts the other for a period of one year or longer.
- Imprisonment: If a spouse is sentenced to imprisonment for a duration of three years or more, it can serve as a ground for divorce.
- Living Apart: Applicable when the couple has been living separately for a minimum of one year, where one party desires a divorce and is uncontested.
- Incurable Insanity: If one spouse has been diagnosed with incurable insanity for a period of at least five years, it may be a valid ground for divorce.
- Judicially Separated: Applies when the parties have obtained a separation judgment from a competent court.
It is important to note that fault-based divorces are less common than no-fault divorces in New York City. These grounds provide individuals with options in cases where fault can be established.
Divorce Process Timeline in the Big Apple
In New York City, divorce proceedings commence when one spouse, the first party, files a divorce petition with the NYC Family Court. The court then dispatches a process server to officially deliver the petition to the other spouse, second party, providing them an opportunity to respond. If the second party fails to respond, refuses to respond, or cannot be located, it impacts the process. In such cases, a NYC family court judge may grant a summary judgment in favor of the petitioner, the first party, allowing the divorce to proceed without input from the unresponsive spouse.
A common concern when embarking on divorce proceedings is the time it takes for the process to be finalized. In New York, there is no mandated waiting period before a divorce decree can be issued. The duration of divorce proceedings depends entirely on whether or not the divorce is contested. A completely uncontested divorce, where the couple has minimal assets, no children together, and both agree to end the marriage, the divorce may be finalized in as little as six weeks. However, in highly contested divorces with complex issues, the proceedings can extend for several months or possibly years.
A divorce attorney can provide an estimated timeline for completing your divorce in New York City. If you and your spouse are willing to collaborate and negotiate amicably, it is possible to expedite the process significantly. Engaging in mediation, with the assistance of your divorce lawyer, can lead to a faster resolution.
Is New York a 50/50 Divorce State?
The division of marital property in New York State follows equitable distribution laws. This means that the assets and property acquired during the marriage are not automatically divided equally. Instead, Divorce Courts in New York State determine the distribution of assets based on what they consider to be fair and equitable. It’s important to understand that any property defined as personal property in a prenuptial or postnuptial agreement, as well as any personal assets owned before the marriage, are not subject to distribution. These assets are categorized as distinct property.
When deciding how to divide assets, judges may take into account factors such as the income of each spouse during the marriage, contributions made in terms of unpaid labor (such as childcare), and post-divorce childcare arrangements, including custody and visitation schedules.
How Long Will It Take to Complete My Divorce Under NYC Law?
The process of finalizing a divorce in New York State involves an initial phase of submitting paperwork and negotiating the terms. If the spouses cannot reach an agreement on issues such as child support, the terms will need to be decided by a New York State Court.
The time it takes for the Courts to decide on a case varies from weeks to months, in addition to the time it takes for a Judge to formally file the paperwork to officiate the divorce. Generally, uncontested divorces take approximately 2 months, while contested divorces can take several years or longer.
It is important to consult an experienced divorce lawyer who will guide you through the process, provide a timeline, and help you save both time and money while advocating for the best outcome based on your specific circumstances.
Property Rights During a Divorce
In New York, each spouse has the right to an equitable distribution of marital property. This includes assets and debts acquired during the marriage. In New York City, the Court considers 13 factors when determining property distribution, including the income and property of each party at the time of the marriage and divorce, length of the marriage, age and health of each party, and the current and future earning capacity of each party.
Other factors considered include any interruption of earning capacity due to homemaking or education, current and future needs of the parties and their children, tax consequences, transfers or encumbrances made in anticipation of marriage or divorce, wasting of marital property, loss of health insurance or inheritance/pension rights, and any other factors the Court deems just and proper.
Certain assets are not considered marital property, such as assets acquired before the marriage, gifts or inheritances received during the marriage, and assets kept separate throughout the marriage.
Employ an Attorney for Your Divorce
Having a divorce attorney on your side can have a significant impact on the outcome of your divorce. When it comes to resolving complicated issues, like property division, child custody, alimony, and, if needed, protection orders, your NYC divorce lawyer will offer you the wisest course(s) of action. Aronov Law NY offers you expert divorce representation, the tools you need to confidently navigate the divorce process, and the peace of mind that your divorce is in caring, experienced hands. Divorce can be challenging, so we do everything in our power to ensure an uncomplicated, stress-free experience with results that benefit your today and your tomorrow.
We’re here for you . . . contact us to arrange a meeting with a knowledgeable, trustworthy divorce lawyer in NYC.
Corporate Office: 88-02 136th Street, Queens, NY 11418
Second Largest Divorce Law Office: 98-14 Queens Blvd, Queens, NY 11374 (718) 206-2050 – Call To Schedule Before Arrival.
Midtown Manhattan Main NYC Divorce Branch:
31 W 34th St. #7162, New York, NY 10001
Forest Hills, Rego Park, Kew Gardens, Elmhurst & Jamaica, NY Divorce Branches.
Our corporate divorce law office is in Queens County, NY and it follows that majority of our law offices are located in this area. Rest assure we have offices all over the city including Manhattan, Brooklyn (Kings County) & Bronx but in Queens we are near you wherever you are in the borough.
Nuances In The Divorce Process
Some divorces are more contentious than others. However, most involve similar issues. Some of the most common areas where disputes arise during a divorce include the following.
⇒Child Custody:
When a married couple has children and decides to divorce, they will be required to establish a physical and legal custody arrangement. This is required before the divorce can be finalized. A physical custody arrangement establishes where a child will physically spend their time during the week, weekends, and major holidays. Legal custody agreements grant authority to either one or both spouses to make major decisions on behalf of the child, like those regarding healthcare and education.
When physical and legal custody decisions are being made, the final agreements can be executed as either a sole or joint arrangement. For example, if one spouse is granted sole physical custody, it means that the child will always reside in their home. In these instances, the other parent may be granted visitation rights. This will involve outlining specific dates or times when they are able to visit their kids. Visitation rights might not be granted if there is evidence of abuse or neglect.
⇒Child Support:
A child support payment is a monthly exchange of money from one parent to the other. The concept was designed to ensure that the lower-earning spouse in a divorce will be able to afford basic necessities for their child. To assess whether child support payments are necessary, the courts of New York will ask for proof of each parent’s annual income. If there is a significant difference, the court may determine the exact amount they feel is necessary to support the child.
One of the most significant disputes related to child support is when two spouses disagree on the appropriate size of a monthly payment. The paying parent might feel like the amount is too steep, while the other parent might feel worried that they still won’t have enough funds to take care of their child. If this happens, the court may take an even deeper look into the financial realities of both parties to ensure the arrangement is realistic.
⇒Property Division:
The state of New York operates under the rule of equitable distribution. This means that marital assets will be divided based on what is fair rather than an equal split down the middle. Some of the most common items up for consideration in a divorce include real estate properties, investments, debts, cars, and retirement accounts.
When it becomes time to divide property, there are many different factors taken into consideration. For example, if one spouse has a significantly larger earning potential when compared to the other spouse, the court may offset this discrepancy by rewarding the lower-earning spouse with a larger share of the marital assets. The court will also look into each individual’s separate property to see if that has any bearing on a fair property division.
⇒Spousal Support (Alimony):
Spousal support, otherwise known as alimony, is monthly payments issued from one ex-spouse to another. The intent is to assist the lower-earning spouse financially. When a married couple divorces, the court may create a spousal support arrangement to help ensure the lower-earning spouse is able to maintain a similar lifestyle to what they have become used to. The length of the marriage and the financial circumstances of each party will influence this decision.
Disputes over spousal support are often related to the amount and duration of the payments. It’s not uncommon for one spouse to feel like the proposed amount is unaffordable. They also may believe that it’s more than enough to help their ex-spouse maintain their standard of living. On the other hand, the receiving spouse may be worried that a spousal support payment is not enough to make them feel financially secure.
Checklist For A Divorce Case
Gathering and presenting evidence with your Queens divorce attorney is crucial to support the claims you’d like to make while simultaneously protecting your interests. Some of the most compelling pieces of evidence in divorce cases include:
⇒Finances:
Financial documents can be one of the most useful pieces of evidence in a divorce case, as they offer a financial snapshot of your circumstances. Possible documents to submit include bank statements, tax returns, pay stubs, and investment account records. Bank statements are especially useful, as they help to reveal an individual’s spending habits and savings. Tax returns help to illustrate someone’s income and overall financial health.
The couple’s assets may need to be valuated so that property division may proceed. Some spouses attempt to hide assets in order to keep them after the divorce, but it’s important not to do so. This could result in negative consequences. If you believe that your spouse is hiding assets, inform your divorce attorney.
⇒Electronic Communications:
Communication records like emails, text messages, and social media interactions can also provide useful insight during a divorce case. This is especially true when there are direct examples of unsavory behavior, such as infidelity or abuse. One single communication record has the power to combat inaccurate or misguided narratives being made by the opposition. Spend time with your attorney to collect these records and protect your character and credibility.
⇒Assets:
Having property records on hand during a divorce case can help to establish who owns certain real estate properties, vehicles, and other marital assets. These documents could include titles, deeds, mortgage statements, and appraisal reports that contain detailed information about each asset. These records also could include purchase dates, which is imperative information when the court is deciding what qualifies as separate and marital property.
⇒Media:
Having visual evidence from photographs and videos can be extremely helpful in a divorce case. They can help document valuable assets or living conditions. They may also help prove instances of abuse or neglect. Having visuals to substantiate your claims can make the court more likely to believe your assertions. It can add a powerful layer of evidence that is considered much more reputable than personal testimony of what happened.
⇒Proof:
Bringing a third-party perspective to your case can help remove any doubts of your own testimony. This can include testimonies from friends, family members, coworkers, or even complete strangers who made relevant observations. For example, a neighbor you don’t speak to may have witnessed instances of domestic violence from afar. They can share what they saw in court to help support the plaintiff’s accusations of abuse.
⇒Contracts & Agreements:
All legal and financial agreements made between two spouses can be relevant pieces of evidence in a divorce case. Two popular examples include prenuptial and postnuptial agreements. These agreements can serve as a valuable asset for a divorce case, as they outline agreed-upon terms and conditions for items like asset division, spousal support, and other financial matters. Having these on hand can help prevent prolonged litigation.
Contact Aronov Law NY Today
At Aronov Law NY, we understand that dealing with divorce and family law matters can be extremely stressful. To help reduce this burden, our team of experienced attorneys is standing by, ready to support and guide you through the divorce process. Contact us today to schedule a divorce consultation.
