Divorce Situations Explained

As one of the most stressful and disruptive experiences an individual may go through, divorce often provokes hostility, anxiety, and confusion in divorcing couples. There are often disagreements over what will happen in the case of any children involved. This includes topics such as child custody and child support, which are determined based on the best interests of the child. In cases where one partner in the relationship will experience serious financial trouble as a result of the divorce, spousal support may have to paid by the spouse with the higher income.

Divorcing couples may become legal combatants even at the expense of themselves, their children, and their financial stability. Because divorce can be such a divisive issue, it is important to have an experienced and skilled divorce attorney in your corner who can help you navigate this process with good judgment and understanding.

Collaborative Divorce

For some couples, they are able to amicably determine division of property and figure out child custody issues without having to go to court. This is called a collaborative divorce and is highly beneficial because it gives the couple complete control over their own lives, instead of decisions being made in court.

When a judge decides for you on critical issues, it can often mean that things to do not work out as you had hoped. This could mean an unfair division of assets or custody arrangements that you feel are imbalanced. These are serious and life-altering issues that you may not want to place in the hands of a third party. Someone who is highly knowledgeable and has helped countless couples will be able to adequately show you your best options. It may be that divorce mediation is the right choice for you so that you do not even have to bother with litigation.

Grounds for Divorce

Divorce in New York may be granted under a no-fault action. No-fault divorce was signed into New York law on August 15, 2010 and became effective as of October 13, 2010. This type of divorce does not require showing proof that there are grounds for divorce. Either spouse may request for a dissolution of marriage simply based on the fact that they want to end the marital arrangement.

For cases that involve one of the parties being at "fault" for a particular action causing the divorce, the legal process is expedited. Divorce cases based on fault require that one of four criteria are met. These grounds are limited to:

1. Cruel and inhuman treatment
2. Abandonment for a period of one year or more
3. Adultery
4. Imprisonment for more than 3 years, starting after the marriage took place.

A divorce may also be granted upon conversion of a separation judgment or conversion of a written separation agreement after living apart for more than a year. Having the right attorney is extremely important in any legal matter and especially so in a divorce situation. They can properly lead you to a solution that both you and your spouse are satisfied with. There is nothing more emotionally draining than a divorce settlement, especially if it drags on for years. Allow our team to negotiate and get you the results you want in an efficient manner.

Obtaining the Proper Legal Help

If you are considering divorce, it is highly recommended that you consult with our firm about your situation and the accompanying issues involved. Attorney Lynn Poster-Zimmerman has been practicing law since 1983 and is extremely well-versed in all aspects of divorce law and procedure. Because hers is a small, intimate law firm, she can provide personalized service to her clients. If you are looking for a divorce attorney who is extremely experienced, knowledgeable, and accessible, then look no further.