Brooklyn Divorce Lawyers

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Getting a divorce is something a spouse never envisions on their wedding day. In fact, couples don’t get married just to get a divorce. However, the possibility of divorce is a fact of life for many couples in Brooklyn. Divorce is the legal end to a marriage. It begins by filing a divorce petition in Brooklyn divorce court. It ends with a divorce judge granting a couple a divorce decree. What happens between the petition and decree is a lot of hard work and desire to resolve issues.

Types of Divorce in Brooklyn

New York outlines the process and requirements to obtain a divorce in Brooklyn. For example, the state requires a spouse to pick between two types of divorces: contested divorce and uncontested divorce. Each divorce has different requirements.

It is an option when only one spouse wants to obtain a divorce or both spouses can’t agree to divorce terms. These divorce terms include how property is divided and if any spousal support is paid from one spouse to their partner.
A contested divorce can only occur when there is some reason to end the marriage. A spouse may not like their partner anymore. However, that is not a legal reason to obtain a divorce in Brooklyn. In DOM 170, the state outlines four reasons to obtain a contested divorce. These reasons include:

1. Adultery: Adultery occurs when a spouse cheats on their spouse.
2. Cruelty: A spouse who has been subjected to mental or physical cruelty can cite this reason for wanting a divorce.
3. Leaving the Marriage: Abandonment of a spouse is a reason to obtain a divorce. The abandonment can be physical or sexual. This means the spouse could still live in the marital home, but refused to engage in sexual intercourse with their spouse.
4. Separation: A couple who is living apart and have a separation agreement for a period of at least one year, could file for divorce.

Once the petition is filed, the spouse being sued for divorce must provide an answer. The answer is a response to the divorce petition. In the petition, the spouse disputes the allegations such as cheating on their spouse. New York state law has some specific defenses a spouse can use to refute the divorce allegations such as the spouse who filed for divorce is also guilty of adultery. Another defense is to claim the offense was forgiven. This means that the person forgave their spouse for what allegations they made in the petition.

For example, if a wife cheated on her spouse six years ago. The spouse forgave the wife for having an affair. Then they later filed for divorce claiming adultery. The wife could use the defense that the offense was forgiven. The wife could then show proof that she was forgiven because they voluntary continued to live together. Also, the spouse didn’t file for divorce immediately after it had happened, but waited six years to file the petition.

Once the answer is submitted to the court, the divorce case is placed on the court docket for trial. A trial is only required when a couple can’t resolve their terms of divorce and must have a judge do it for them.

An uncontested divorce doesn’t require alleging wrongdoing on the part of a spouse. Both spouses agree to end their marriage and agree on the terms of the divorce. This type of divorce is easier to resolve. A written agreement is submitted to the court outlining the terms of the divorce.
Residency Requirement for a New York Divorce

New York requires divorcing couples be residents of the state for a specific period of time prior to filing for divorce. The exact time depends on circumstances. However, residence requirements vary from one to two years.

There is no waiting period for obtaining a divorce.

Contact a Divorce Attorney for Help with a Brooklyn Divorce

Divorce isn’t easy. In fact, it may feel like the hardest thing to do in your life. However, with the help of strong legal counsel and emotional support from family and friends, you can get through a divorce just fine. Contact a divorce attorney in Brooklyn about filing a divorce petition or filing an answer. In addition, to providing legal advice, your divorce attorney will work to resolve your the terms of your divorce in a fair way.

Whether a divorce is contested or uncontested, there are many crucial issues that need to be agreed upon prior to signing the final papers. These can include alimony payments, child support payments, custody agreements, and how property will be divided between the spouses. While in some cases divorcing couples are able to work out equitable arrangements regarding these issues on their own, the vast majority require a skilled divorce lawyer to help finalize any agreements and ensure they are not unnecessarily and unknowingly giving up their legal rights in the process. And because divorcing couples often have difficulty not letting their feelings and emotions determine their thinking in these hearings, it’s even more important to have an attorney who knows how to keep negotiations on course.

Contested and Uncontested Divorces
For everyone involved in divorce proceedings, including children, there are vast differences between contested and uncontested divorces. According to information provided by the New York Unified Court System, a contested divorce means that one spouse does not want to get divorced, disagrees about the grounds given for the divorce, and also has issues regarding custody, finances, and other issues related to the divorce. However, if the divorce is uncontested, both spouses wish to get divorced, and have been able to come to agreements regarding child custody, division of property, and all financial arrangements. While an uncontested divorce can in many ways be handled as a Do-It-Yourself divorce through the court’s Uncontested Divorce Program, a contested divorce will require both spouses to make several court appearances. Because of this, the services of a knowledgeable divorce attorney will be extremely important. For more information about these types of divorces, visit Your text to link….

Examining the Paperwork
In some divorce proceedings, one person chooses to hire an attorney, while the other spouse chooses to go it alone. When this happens, it’s almost inevitable the spouse without an attorney will come out on the losing end of the negotiations. Whether it’s deciding custody arrangements, finances, or the division of property, chances are the spouse who has hired an attorney will come out with a far better deal. Because of this, it’s important to never choose to handle these negotiations yourself, especially if there are numerous complex financial and custody issues to be discussed and agreed upon. By hiring an experienced attorney, you can not only have a much better agreement negotiated for you, but you’ll also have someone who can examine all written agreements before you sign them, ensuring you do not sign away key legal rights to which you should be entitled.

Same-Sex Marriages
Due to the Marriage Equality Act of 2011, more and more same-sex marriages now take place in New York. While these marriages may be looked upon by some as non-traditional, they are nevertheless legally binding unions that are subject to the same problems as marriages between a man and woman. This includes divorce, and in these cases such issues as child custody, alimony, property division, and other financial matters need to be resolved to everyone’s satisfaction. In these matters, since not all states have the same laws, it’s crucial to seek the advice of a divorce lawyer who has experience in these complex legal matters.

Consult an Attorney
No matter what type of divorce proceedings you will be involved in, consulting with a knowledgeable divorce lawyer should be your first step. By doing so, you can discuss your case in detail, and be given objective advice as to what may or may not happen along the way. In doing so, you’ll be able to gain peace of mind.

Should I file for custody before I file for divorce

Sometimes a divorce can be a very simple process that lets both parties walk away with ease from a relationship that simply isn’t working. In other instances, this is not as clear cut. This may be particularly true when a divorce involves one or more children of different ages. Child custody issues during a divorce procedure can be hugely complicated and necessitate careful negotiation. They may involve varied issues including the age of the children, each parent’s income and any existing relationships the children may have with other friends and family. Even before the divorce begins, each parent should think about their desired results when it comes to any family arrangements. One of the most common questions that many parents have is the question of custody. In general, there’s three types of custody: sole custody, primary custody and joint custody. Sole custody means that only one party has custody of the child. Primary custody means one spouse takes the primary role while joint custody means both spouses share all decisions.

Setting It In Motion

It’s traditional to work out custody arrangement during the divorce proceedings rather than before they begin. Some people may choose to file for custody arrangements for several reasons. One spouse may have serious concerns about the other spouse and their ability to care for the child or issues such as existing problems with child and spousal abuse. They may be thinking about a personal change such as moving to another state or changing jobs. In that case, they will need to go to court and speak to a judge about their desired course of action. The judge may issue a temporary custody order that gives one spouse full rights as the divorce continues. Keep in mind that many lawyers will typical suggest avoiding this choice. They will point that there are many drawbacks to filing for custody before entering into a divorce.

Certain Risks

Filing for custody before the divorce begins can have several obvious drawbacks. All parents should remember that the goal of the divorce is to make sure the child has the best environment possible. All those involved want to avoid all possible disruptions in the child’s life. This means that ideally the child should remain in the same living place and continue to attend the same schools. Judges look closely at all aspects of the children and the parents. They may note which particular parent seems to have the closest bond with the children as well as if there are any close relatives nearby that can provide the child with additional support. A woman should keep in mind that the judge may not automatically award her custody merely because she’s female. Assuming so may jeopardize her chances of gaining ultimate custody. A parent who begins by asking for primary custody may be jumping the gun and creating conflict where none may exist.

How the Partner Reacts

Sometimes, the partner may be thinking about filing for divorce. However, they have not done so as if yet. Filing for custody immediately lets the other spouse know of their plans. The other partner may not be content to merely sit there and let the other partner move forward with custody. In that case, there may be issues that arise between both partners that the legal system may need to work out. This can cause problems for both partners in the divorce. Asking one spouse to give up certain rights can be hard. Asking for custody right now may create antagonism between the two parties that may not work in the favor of the parent making the decision to seek custody before the divorce proceedings begin. In most cases, it is far better to wait for the start of the divorce before doing anything related to the issue of child custody.

Letting the Divorce Unfold

The decision to seek custody first leaves many issues unresolved. It’s not always obvious where both spouses will live once the divorce is completed. A spouse may not be able to hold on to the primary residence. A judge will need to see how the eventual divorce proceedings are going to play out as the divorce case continues. Waiting until the divorce continues has many advantages. The judge can see the couple’s financial situation. They can determine how much is ideal spousal and child support. In doing so, they have all they need to determine what is in the true interest of the child.

Deprivation of Child Custody or Right to Visitation

When a couple with children decides to end their marriage, both parents generally get custody or visitation rights with their kids. This is true even if the parents do not get along with each other because it is in the best interest of the child that he or she has both parents in his or her life. What happens if a parent tries to deny the other his or her custody or visitation rights?

The First Step May Involve Calling the Police

If a parent arrives to pick up a child for scheduled visitation and the other refuses to release the child, it may be necessary to call the police. As long as there is a valid custody or visitation order in place, an officer may be able to facilitate a transfer of the child to the other parent. Those who are being denied their right to see their children should never use force or make verbal threats to their former spouse. All that will do is traumatize the child and lead to possible criminal charges.

Ask for Emergency Relief From a Judge

When a judge enters a child custody or visitation order, that order is binding on all parties unless and until a change is made. This means that a parent cannot unilaterally decide to deny custody or visitation rights without the permission of the court. An attorney may be able to get an emergency order that would transfer the child to whichever parent is supposed to be with their son or daughter. The only exception would be is if there was evidence that the child would be in danger if released to that parent.

What If the Child Has Been Taken to Another State or Country?

Typically, both parents will come together to create a plan for how they will raise their child after the divorce. The plan will stipulate how far a parent can move from the child or how far the custodial parent can move with the child. In some cases, it may be necessary to seek permission before moving to another state or country with the child. In the event that a parent moves without permission, he or she may be ordered by the court to return and explain his or her actions. Failure to do so could result in criminal charges such as child endangerment or contempt of court.

A Compromise Is Possible

Legal counsel for both sides may be able to help parents negotiate a compromise solution to their standoff. For instance, the custodial parent may agree to allow visitation to resume in a supervised manner. A noncustodial parent may agree to give up overnight visitation in exchange for additional daytime visitation during the week or increased contact via phone or the internet. If such a compromise solution is found, the judge in the case may enter the modified agreement into the public record, which means all parties must abide by it until further notice.

Research shows that a child is better off with both parents in his or her life. While this may not be good news for mom and dad, a former couple can work together to raise their child regardless of their feelings for each other. With the help of a Manhattan divorce attorney, it may be possible to work out any issues that may arise to ensure that custody and visitation orders are complied with at all times.

Whether a divorce is contested or uncontested, there are many crucial issues that need to be agreed upon prior to signing the final papers. These can include alimony payments, child support payments, custody agreements, and how property will be divided between the spouses. While in some cases divorcing couples are able to work out equitable arrangements regarding these issues on their own, the vast majority require a skilled divorce lawyer to help finalize any agreements and ensure they are not unnecessarily and unknowingly giving up their legal rights in the process. And because divorcing couples often have difficulty not letting their feelings and emotions determine their thinking in these hearings, it’s even more important to have an attorney who knows how to keep negotiations on course.

Contested and Uncontested Divorces
For everyone involved in divorce proceedings, including children, there are vast differences between Contested and Uncontested Divorces. According to information provided by the New York Unified Court System, a contested divorce means that one spouse does not want to get divorced, disagrees about the grounds given for the divorce, and also has issues regarding custody, finances, and other issues related to the divorce. However, if the divorce is uncontested, both spouses wish to get divorced, and have been able to come to agreements regarding child custody, division of property, and all financial arrangements. While an uncontested divorce can in many ways be handled as a Do-It-Yourself divorce through the court’s Uncontested Divorce Program, a contested divorce will require both spouses to make several court appearances. Because of this, the services of a knowledgeable divorce attorney will be extremely important. For more information about these types of divorces, visit Your text to link….

Examining the Paperwork
In some divorce proceedings, one person chooses to hire an attorney, while the other spouse chooses to go it alone. When this happens, it’s almost inevitable the spouse without an attorney will come out on the losing end of the negotiations. Whether it’s deciding custody arrangements, finances, or the division of property, chances are the spouse who has hired an attorney will come out with a far better deal. Because of this, it’s important to never choose to handle these negotiations yourself, especially if there are numerous complex financial and custody issues to be discussed and agreed upon. By hiring an experienced attorney, you can not only have a much better agreement negotiated for you, but you’ll also have someone who can examine all written agreements before you sign them, ensuring you do not sign away key legal rights to which you should be entitled.

Same-Sex Marriages
Due to the Marriage Equality Act of 2011, more and more same-sex marriages now take place in New York. While these marriages may be looked upon by some as non-traditional, they are nevertheless legally binding unions that are subject to the same problems as marriages between a man and woman. This includes divorce, and in these cases such issues as child custody, alimony, property division, and other financial matters need to be resolved to everyone’s satisfaction. In these matters, since not all states have the same laws, it’s crucial to seek the advice of a divorce lawyer who has experience in these complex legal matters.

Consult an Attorney
No matter what type of divorce proceedings you will be involved in, consulting with a knowledgeable divorce lawyer should be your first step. By doing so, you can discuss your case in detail, and be given objective advice as to what may or may not happen along the way. In doing so, you’ll be able to gain peace of mind.

When a married couple decides to divorce, emotions will be running high. Because of this, both individuals are not thinking as clearly as they should, which often leads to poor decisions. Whether this involves such issues as alimony, Child Support, or allegations of abuse or other ill-advised behavior, there is no doubt these situations need to be handled as carefully as possible. Whether the divorce is amicable or contested, it’s imperative to retain the services of an experienced and knowledgeable divorce lawyer to assist you during this difficult and complex legal process.

Spousal Support
In almost any divorce, the most pressing issue tends to be Spousal Support. Whether you are the spouse who will be expected to make the alimony payments or the person who will be receiving the payments each month, it’s important to work with a lawyer who can negotiate the best deal possible for your situation. In New York, courts tend to look closely at the pre-divorce standard of living the spouses enjoyed, and make every attempt to help the spouse who will receive alimony maintain their current standard of living. This is especially important if the spouse receiving alimony will have children in the household, since courts recognize this parent may not be able to work full-time due to child care responsibilities. Additional information about Spousal Support can be found at www.nycdivorceatty.com/Family-Law-Services-1/Spousal-Support.shtml.

Child Support
Along with providing alimony to an ex-spouse, the non-custodial parent will often have to pay Child Support as well. In New York, parents are responsible for supporting their child financially until the child is age 21. This law applies not only to parents who are not currently living with the child, but also parents who have never lived with the child. Once a divorce becomes final, the non-custodial parent will be responsible for paying a set amount each month to the custodial parent, ensuring the child will be able to have a good quality of life. Depending on the needs of the child, these support payments may be used for such things as:
–Medical care
–Educational expenses
–Child care costs
–Extracurricular activities
While an initial amount of Child Support will be made by a judge, the amount can be modified at any time if either parent petitions the court to do so. In most cases, modifications are made due to a job loss or promotion, medical conditions the child has that require additional treatment, or if one parent has a significant increase or decrease in their income. For more information about this aspect of divorce, visit divorcelawyerinbrooklyn.com/divorce/.

Child Custody and Visitation
If there is one issue that can bring out the worst in parents during divorce proceedings, it’s negotiating child custody and visitation agreements. In many cases where the divorce is contested, one parent often feels as if the other parent is trying to shut them out of their child’s life. However, for parents in New York, courts usually try to come as close as possible to a 50-50 split regarding the time each parent spends with the child. However, to get the results they truly want, most Brooklyn divorce lawyers will recommend the parents work with their attorneys to negotiate custody and visitation agreements without going to court. By doing so, they will maintain much more control over the custody and visitation process, enabling them to often spend more time with their child. However, it’s also important to remember that if at any time the child is deemed to be in danger due to physical abuse, substance abuse issues with the custodial parent, or other issues, the court can modify the original custody and visitation agreement to ensure the child is in a safe environment.

Working With Your Attorney
With these and other issues, it’s always important to utilize the services of an experienced attorney. Not only will they have a thorough understanding of New York divorce laws, but they will be able to negotiate on your behalf in a calm and deliberate manner. By doing so, they will be able to help you keep your emotions in check, and keep you from making poor judgments or decisions that could severely limit you in terms of alimony, Child Support, or custody.

Schedule a Consultation
Rather than try to go it alone or work with an attorney who rarely handles divorces, schedule a consultation as soon as possible with an experienced Brooklyn divorce lawyer. In doing so, you’ll gain peace of mind, knowing your case will be handled in a professional manner.

brooklyn Legal Separation Lawyers

There can be a number of advantages to acquiring a legal separation from your partner, but it’s best to equip yourself with the services of a legal separation lawyer before embarking on this complicated endeavor. brooklyn residents benefit from the presence of a number of qualified legal separation attorneys in the area, and while they can guide you through every step of the process, it’s best to be well versed on the basics before your first meeting with a lawyer. Legal separation is often the best tactic to take when dealing with a dissatisfying marriage, and here are the things you should know once you and your spouse have decided that legal separation is for the best.

The Difference Between Legal Separation and divorce

Divorcing your spouse is not a decision to be taken lightly and in many cases, a marriage can be salvaged if each partner has the proper amount of time alone to properly consider the intricacies of the situation. The State of New York allows married couples to have this time through a process called legal separation.

While many of the issues solved with a divorce can also be solved through legal separation, spouses that opt for legal separation are still technically married. Legal separation is often pursued when the married partners no longer wish to live together but hold out hope that the marriage can be saved in the long term.

Another way in which legal separation in New York is different from divorce is that a legal separation agreement is not granted by the court. It is, however, a legally binding contract that both parties must agree to and is usually agreed upon in the presence of a Brooklyn legal separation lawyer. A legal separation doesn’t inherently include the wording that can allow this document to later lead to divorce, so you’ll need an attorney’s help if you want to include this verbiage.

Spouses that sign a legal separation agreement agree to live separately from each other, determine how expenses will be paid, which parent the children will live with and visitation rights, how property will be divided, and agree to many other issues often also covered in divorce proceedings. But unlike divorce, legal separation does not dissolve the marriage and the legally separated partners cannot remarry.

Reasons to Pursue the Path of Legal Separation

It’s not uncommon for married couples to go through a rough patch in which it seems absolutely impossible to continue living together for one more day but still believe in the potential of the marriage in the long term. In other cases, perhaps there is no hope for the marriage, but the partners simply don’t want to go through the arduous process of divorce just yet. In these cases, married partners in brooklyn often seek the aid of qualified legal separation lawyers to help them put a hold on their marriage until the best course of action can be determined. While legally separated, you remain married to your spouse and the legal separation becomes void at the point that you and your spouse move back in together with the intent to reconcile.

How to File for Legal Separation

In order for a court to view a legal separation agreement as valid, both partners must seek the aid of separate Brooklyn legal separation lawyers when drafting this document. While courts always presume legal separation agreements as valid, working with the same attorney can provide either partner to dispute the grounds of the separation in court. Also, if either you or your partner commits fraud in drafting the legal separation document, this can also be grounds for the agreement to be nullified. If you coerced your partner into signing the agreement or your partner coerced you into signing it, or if the agreement is significantly unfair to either party, a court may invalidate your legal separation.

With those warnings in mind, filing a legal separation document is usually very simple. You and your spouse simply sit down with separate attorneys, agree to the stipulations of the agreement, sign it and submit it to the court. While it’s up to the court to ratify the agreement, this is generally done automatically unless one of the partners objects. Obtaining a legal separation is much easier and faster than going through the difficult process of divorce in the State of New York, but contracting the expert services of a brooklyn legal separation lawyer is essential to make sure that this delicate process is handled correctly.