Ending a marriage can have huge implications for your family, financial interests, and future. And without a lawyer, matters can get worse.
Hiring a divorce lawyer at Gordon, Tepper & DeCoursey, LLP, is the best way to ensure a peaceful resolution that serves your best interests.
When is it time to contact our Glenville, NY, law office for representation during your divorce?
First, We Can Determine Whether You Can File for Divorce
To obtain a divorce in New York, a couple must meet certain requirements:
In order to file for a divorce in the state of New York, the courts require that either you or your spouse be living in the state for a minimum of two years. If you have only been living in New York for only a year, you must have been married in the state, lived in the state as a married couple, or have legitimate grounds for divorce that occurred within the state. You can also meet the residency requirement if you and your spouse are both residents of New York when the divorce starts.
Grounds for Divorce
You must also set forth your “grounds for divorce,” which are the justifications that a husband or wife claim for filing a divorce action. Aside from the new no-fault grounds for divorce, most of the other grounds require one spouse to prove marital misconduct on the part of the other to obtain a divorce. The spouse filing the divorce papers must prove that his or her spouse committed adultery, subjected his or her spouse to cruel and inhumane treatment, abandoned his or her spouse for one year or longer, either literally or sexually, or was imprisoned for three years or longer subsequent to the marriage.
Requirements for No-Fault Divorce
Although residents of other states have been able to assert no-fault grounds for divorce (e.g., incompatibility or irreconcilable differences) for some time, New York had not implemented the no-fault option until recently. Effective with actions commenced on or after October 12, 2010, a divorce can be granted where the relationship between husband and wife has broken down irretrievably for a period of at least six months. A no-fault divorce in New York can also be brought on the grounds that the parties have lived separate and apart for more than one year following execution of a written and filed Separation Agreement. The Separation Agreement establishes arrangements for child custody, child support, and spousal maintenance, and also deals with equitable distribution of property and other financial issues.
Contact Our Family Law Office Today
Our divorce attorneys want to help you feel supported, informed, and protected throughout your divorce. Schedule a consultation with our law office by calling:
Three Ways a Lawyer Can Help You
Protect Your PropertyBecause New York is an equitable distribution state, your assets will not be divided equally during your divorce. Instead, several factors will be taken into account when distributing your property. A lawyer at our Glenville law firm can ensure that your best interests are represented from start to finish and that your assets are divided in a fair, balanced manner.
Protect Your Future
One of the most difficult aspects of a divorce is planning child custody, spousal maintenance, and visitation rights. If you share children with your spouse, a lawyer can help you develop a long-term plan that works in your children's best interests to ensure that they are affected as little as possible by the event.
Protect YourselfEnding a marriage is a stressful, overwhelming, and emotional time for you and your family. Our team of dedicated attorneys provides unwavering support from start to finish, helping you navigate the complicated divorce process with professional, confidential, and respectful service.
NEW YORK DIVORCE LAW: SCHENECTADY, ALBANY, SARATOGA REGION, AND THE ENTIRE CAPITAL DISTRICT
The decision to end their marriage is among the most serious a couple could ever have to make. The legal and financial implications of divorce are quite complex, especially in New York. It’s highly advisable that both spouses retain the services of an experienced attorney knowledgeable about divorce law. The attorneys of Gordon, Tepper & DeCoursey, LLP, provide sound legal advice to residents of the Albany, Schenectady, and Saratoga region, as well as the surrounding communities in Upstate New York. If you are considering a divorce, contact our law firm to learn more about the process, including the grounds for divorce, the division of marital property (equitable distribution), and the collaborative divorce alternative.
- Grounds for Divorce
- Equitable Distribution / Property Distribution
- Collaborative Divorce
EQUITABLE DISTRIBUTION / PROPERTY DISTRIBUTION
Equitable distribution is the method that most states, including New York, use to divide the property of a divorcing couple. Instead of splitting the marital or "community" property of the couple equally after they divorce, equitable distribution considers many factors before divvying up the property. "Property" refers to real estate, bank accounts, retirement savings, pensions, businesses, enhanced earning capacity and other assets that the couple acquired during marriage. The court will evaluate multiple factors when determining the distribution of a couple’s property, including:
- The income and property of each party at the time of marriage, and at the time of the commencement of the action;
- The duration of the marriage and the age and health of both parties;
- The need of a custodial parent to occupy or own the marital residence and to use or own its household effects;
- The loss of inheritance and pension rights upon dissolution of the marriage as of the date of dissolution;
- The loss of health insurance benefits upon dissolution of the marriage;
- Any award of maintenance under subdivision six of this part;
- Any equitable claim to, interest in, or direct or indirect contribution made to the acquisition of such marital property by the party not having title, including joint efforts or expenditures and contributions and services as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party;
- The liquid or non-liquid character of all marital property;
- The probable future financial circumstances of each party;
- The impossibility or difficulty of evaluating any component asset or any interest in a business, corporation or profession, and the economic desirability of retaining such asset or interest intact and free from any claim or interference by the other party;
- The tax consequences to each party;
- The wasteful dissipation of assets by either spouse;
- Any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration;
- Any other factor which the court shall expressly find to be just and proper.
If there has been egregious fault, a court may award a larger portion of the marital assets to the wronged spouse. Equitable distribution also applies to any debts that the couple has acquired during their marriage. To learn more about equitable distribution and marital property rights, please contact the Glenville office of Gordon, Tepper & DeCoursey, LLP. Serving Saratoga, Schenectady, Albany, the Capital District, and surrounding communities, our divorce law firm will help you reach a financial settlement with your spouse that is fair and reasonable.
GTD Law partner Jenifer M. Wharton has been specially trained to represent participants in a collaborative divorce, which is a form of alternative dispute resolution. A wife and husband who enter into a collaborative divorce agree that they will work cooperatively - with the assistance of their attorneys - to negotiate a settlement that suits both parties' interests. Collaborative divorce participants pledge to be courteous, forthcoming with their financial information, and respectful of one another, especially in front of their child(ren). The attorneys also sign an agreement that they will not initiate litigation on behalf of their collaborative divorce clients, which encourages negotiated resolutions by the parties and their attorneys.