Aronov Law NY: Highly Experienced Divorce Attorneys With The Highest Ratings On FindLaw, Avvo, SuperLawyers Google & All The Top Legal Forums. We make it personal.
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.
Why Retain Divorce Lawyer Queens Services?
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 NYC 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 New York City 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.
Rated Divorce Law From Queens To Brooklyn & All Of NYC
For your convenience, we have multiple offices throughout the five boroughs including Manhattan, Queens, Brooklyn, Bronx & Staten Island. Call us now or fill out the adjacent form to set up an appointment at one of our many divorce law centers near you.
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.