Affordable Divorce Lawyers in Queens New York

Facing Divorce in Queens, New York — What Happens Now?

You’re contemplating divorce in Queens, New York, and it’s natural to feel overwhelmed by the unknown.

Direct answer: When facing divorce, understanding the legal process is the first and most vital step towards regaining control and making informed decisions about your future, family, and finances.

Reassurance: We understand the emotional and practical challenges a divorce presents. Our firm is dedicated to providing clear legal guidance and a supportive environment to help you navigate this transition, ensuring your concerns are addressed with care and strategic planning.

What the Law Says in Queens New York

In New York, divorce laws dictate how marriages are legally dissolved, covering essential aspects such as grounds for divorce, division of marital assets, child custody and support, and spousal maintenance.

New York is a dual-ground state, meaning you can file for divorce based on fault or on a no-fault premise. The most common ground for divorce in New York is an “irretrievable breakdown of the marriage for a period of at least six months.” This no-fault option has simplified the divorce process for many, eliminating the need to prove fault-based grounds like cruel and inhuman treatment, abandonment for one or more years, adultery, or imprisonment for three or more consecutive years. While fault-based grounds exist, the no-fault option is often preferred due to its efficiency and reduced adversarial nature. Central to any divorce in Queens is the equitable distribution of marital property. New York law mandates that marital assets and debts be divided equitably, which means fairly, but not necessarily equally. Marital property includes all property acquired by either spouse during the marriage, regardless of whose name it is in. Separate property, on the other hand, is generally property acquired before the marriage, or inherited, or received as a gift from a third party, and is typically exempt from distribution. When determining equitable distribution, the court considers a wide array of factors. These can include the length of the marriage, the age and health of each spouse, their respective incomes and earning capacities, and any direct or indirect contributions made to the marriage—including contributions as a homemaker. The court also examines the wasteful dissipation of marital assets by either spouse, the tax consequences of any proposed distribution, and the need of a custodial parent to occupy the marital residence. This comprehensive assessment aims to ensure a fair outcome, reflecting the unique circumstances of each couple. Child custody and visitation are paramount concerns in divorces involving children. New York courts prioritize the “best interests of the child” standard when making these determinations. This involves evaluating numerous factors, such as the children’s wishes (if old enough to articulate them), each parent’s ability to provide a stable home, their financial resources, and their commitment to the children’s well-being. Custody can be awarded as sole physical (residential) and/or legal custody, or as joint physical and/or legal custody. Joint legal custody, where both parents share decision-making responsibilities, is common, even if one parent has primary physical custody. Establishing a clear and detailed parenting plan is essential, outlining schedules for holidays, vacations, and daily routines to provide stability for the children. Child support in New York is determined by the Child Support Standards Act (CSSA). This act establishes a formula for calculating the basic child support obligation, based on the combined parental income up to a statutory cap, and then applying a specific percentage based on the number of children (17% for one child, 25% for two, 31% for three, 35% for four, and no less than 35% for five or more children). Beyond the basic obligation, courts may also mandate “add-ons” for essential expenses such as childcare, healthcare costs (including insurance premiums and unreimbursed medical expenses), and educational expenses. These additional contributions are generally prorated between the parents based on their respective incomes. While the CSSA provides a structured framework, deviations from the standard formula can occur if a parent demonstrates that the calculated amount is unjust or inappropriate due to specific circumstances. Spousal support, also known as maintenance, is another critical aspect of many New York divorces. It’s financial support paid from one spouse to the other, either temporarily during the divorce proceedings (temporary maintenance) or for a specified period after the divorce is finalized (post-divorce maintenance). The court considers several factors when determining whether to award maintenance and, if so, the amount and duration. These factors include the length of the marriage, the age and health of each spouse, their present and future earning capacities, the need of one party to incur education or training expenses, the presence of children and the resulting impact on a parent’s earning capacity, and any wasteful dissipation of marital property. The goal of spousal maintenance is generally to allow the less moneyed spouse to become self-supporting, or to maintain a lifestyle comparable to that enjoyed during the marriage, especially in long-term marriages. There are statutory formulas and guidelines that provide a starting point for calculating maintenance, though courts retain discretion to adjust these based on the individualized circumstances of each case. Without proper legal representation, navigating these complex laws can lead to unfavorable outcomes. For instance, without a thorough understanding of equitable distribution, you might inadvertently concede marital assets you’re legally entitled to. Similarly, without knowledgeable advocacy, child custody arrangements might not genuinely reflect your children’s best interests or your parental rights. A lack of proper legal guidance can prolong the divorce process, leading to increased emotional strain and significantly higher legal fees.

What You Can Do Today

Facing a divorce can feel overwhelming, but taking proactive steps can help you prepare and protect your future.

1. Gather Essential Financial Information: Begin collecting all financial documents. This includes bank statements, tax returns (past three to five years), pay stubs, statements for retirement accounts (401k, IRA), brokerage accounts, property deeds, mortgage statements, credit card statements, and any loan documents. Also, compile a list of all assets and debts, including their estimated values. Having these documents organized will be invaluable for your legal team.
2. Understand Your Household Finances: Create a detailed budget of your monthly income and expenses. This will provide a clear picture of your financial needs and capabilities post-divorce. It’s important to distinguish between marital and separate property and start identifying what you believe belongs in each category. This preparation helps inform your financial goals during the divorce process.
3. Schedule a Confidential Case Review: The most critical step is to discuss your unique situation with an experienced attorney. Law Offices Of SRIS, P.C. offers confidential case reviews where you can discuss your concerns, understand your legal options, and begin to formulate a strategic plan. This initial conversation is vital for clarifying your rights and navigating the complex legal landscape ahead.

In simple terms: Organize your financial records, assess your living expenses, and connect with a knowledgeable attorney for guidance tailored to your situation.

How We Start Building Your Defense

At Law Offices Of SRIS, P.C., we approach every divorce case in Queens with a clear mandate: to provide steadfast, thoughtful, and effective legal representation.

Our process begins with an in-depth understanding of your unique circumstances and objectives. Mr. Sris and our experienced team work collaboratively to craft a strategy that prioritizes your family’s well-being and financial security. We don’t believe in a one-size-fits-all approach; instead, we tailor our advocacy to address the specific nuances of your case, whether it involves complex asset division, contested child custody battles, or intricate spousal support negotiations. We are prepared to represent you vigorously, both inside and outside the courtroom. Our firm is seasoned in various resolution methods, including negotiation and, when necessary, litigation. Our objective is always to achieve the most favorable outcome possible, minimizing emotional and financial strain while maximizing the protection of your rights. We have assisted numerous clients in achieving positive resolutions in their divorce matters, ranging from securing fair asset distribution to establishing comprehensive parenting plans that serve the best interests of their children. While individual results vary, our commitment to diligent preparation and compelling advocacy remains constant. We are dedicated to guiding you through each stage of your divorce with professionalism and genuine care.