Divorce and Legal Separation in New York State
Divorce is almost always a painful and emotional process. When a court becomes involved and parties are forced to defend their economic and personal interests, the situation can become even more complicated. If you are considering a divorce, have been served papers, or have made an agreement with your spouse to pursue divorce, it is important to know your rights and understand your options. Farr & Bass, Attorneys at Law offers over 25 years of family legal experience to protect our clients and their families in the divorce process.
Call 631-588-4000 for an initial consultation with an experienced attorney or contact us by e-mail for more information about divorce or legal separation.
We handle all types of divorce cases including:
- Contested and uncontested
- Cases involving adultery, abuse, or abandonment
- Legal separation
Negotiations and settlements in the divorce process
Resolving the issues of a divorce can be difficult, but it is usually best for both parties to come to an agreement out of court. Our attorneys will work strategically on your behalf to obtain a fair settlement involving custody, support or distribution of property. In the event that we cannot come to a settlement agreement, we will aggressively advocate or defend your rights and interests in court. Our firm handles cases involving custody and visitation, division of property, support, and orders of protection.
New York Divorce Process and Procedures
An action for divorce may be commenced in the State of New York by either the husband or wife for the purpose of procuring a judgment dissolving the marriage. New York is not a "no fault divorce" state; in New York a party needs to prove grounds in order for a divorce to be granted. It is not enough for a party to allege irreconcilable differences.
New York provides the following grounds for divorce:
- Cruel and Inhuman treatment of the Plaintiff such that the conduct of the Defendant so endangers the physical or mental well being of the Plaintiff;
- Abandonment of the Plaintiff for over one year;
- Constructive Abandonment (one spouse refuses to engage in marital relations for one year or more);
- Imprisonment for over three years;
- The parties have lived separate and apart pursuant to a written agreement of separation;
Protecting Your Property and Financial Interests
New York is an equitable distribution state; assets accumulated during the marriage will be divided equitably (not necessarily equally) between the parties. In determining how to divide assets, attorneys must consider what assets are marital property subject to distribution and which assets are separate property.
- Marital Property: Marital property is typically property that either spouse accumulated during the course of the marriage.
- Separate Property: Separate property is typically any property any property accumulated by either party prior to the commencement. Monies received from inheritances, personal injury actions and gifts, even if acquired during the marriage, can also be separate property.
It can become complicated and potentially difficult in determining what property is to be divided. An attorney at the law offices of Farr and Bass will represent you and protect your property interests.
Call 631-588-4000 or contact us by e-mail to discuss your case with an experienced Bohemia, Suffolk County, New York lawyer serving clients throughout Long Island.
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