Buffalo NY Divorce Lawyers | Law Offices Of SRIS, P.C.
Facing Divorce in Buffalo, NY? We Can Help.
Going through a divorce in Buffalo, New York, can feel like you’re Handling a stormy sea without a compass. It’s a challenging time, filled with emotional upheaval, difficult decisions, and a lot of uncertainty about your future. You’re likely wondering about everything from your home and finances to the well-being of your children. These are big questions, and it’s completely normal to feel overwhelmed.
At Law Offices Of SRIS, P.C., we understand the weight you’re carrying. Our goal isn’t just to represent you; it’s to provide clarity, support, and a clear path forward through this complex legal process. We’re here to help you understand your rights, protect your interests, and work towards a resolution that allows you to move on with confidence.
Understanding Divorce Law in New York State
New York’s divorce laws, particularly the Domestic Relations Law (DRL), govern how marriages are legally dissolved. Unlike some states, New York is primarily a “no-fault” divorce state, meaning you don’t have to prove specific wrongdoing like adultery or abandonment to get a divorce. This can sometimes make the process a bit less contentious on the surface, but the underlying issues still require careful attention. As of November 2023, the key is demonstrating that the marriage has been irretrievably broken for a period of at least six months.
Even with no-fault divorce, the outcomes—especially concerning property division, child custody, and support—are anything but simple. Each element needs meticulous consideration, and that’s where experienced legal guidance makes all the difference. We’re here to make sure you understand every step and what it means for you.
Grounds for Divorce in New York
While the “irretrievable breakdown” (no-fault) ground is most common, New York law does still allow for fault-based divorces. These grounds include:
- Cruel and Inhuman Treatment: This involves conduct by one spouse that endangers the physical or mental well-being of the other to the point it’s unsafe or improper to continue living together.
- Abandonment: When one spouse intentionally leaves the other for a continuous period of one year or more. This can also include “constructive abandonment” where one spouse refuses marital relations for a year or more without justification.
- Imprisonment: If a spouse has been incarcerated for three or more consecutive years after the marriage began.
- Adultery: When a spouse commits an act of sexual intercourse with a person other than their spouse during the marriage.
- No-Fault (Irretrievable Breakdown): As mentioned, this is the most frequently cited ground, asserting that the marriage has been broken for at least six months.
Choosing the right ground for your divorce is a strategic decision that can influence the overall process and potentially certain outcomes. Our knowledgeable team in Buffalo, NY, can help you assess which ground is appropriate for your unique situation.
Key Aspects of a New York Divorce
Divorce involves more than just ending a marriage; it requires unraveling a life built together. Here’s what generally needs to be addressed:
Equitable Distribution of Marital Property
New York is an “equitable distribution” state. This doesn’t necessarily mean a 50/50 split of assets and debts, but rather a fair distribution based on various factors. Marital property includes everything acquired by either spouse from the date of marriage until the commencement of the divorce action, regardless of whose name it’s in. Separate property, owned before the marriage or received as a gift/inheritance, is generally excluded. Deciding what’s fair can be tricky, especially with complex assets like businesses, retirement accounts, or real estate.
Real-Talk Aside: Equitable doesn’t mean equal, it means fair. What’s fair in one case might look different in another. That’s why having someone who understands these nuances is critical.
Child Custody and Visitation
When children are involved, their best interests are always the court’s paramount concern. Custody can be legal (who makes major decisions about the child’s upbringing) or physical (where the child primarily lives). Both can be sole or joint. Crafting a parenting plan that works for everyone and ensures your children’s stability is one of the most sensitive parts of any divorce. We’re here to guide you toward solutions that prioritize your children’s well-being.
Child Support
Child support in New York is determined by the Child Support Standards Act (CSSA), which uses a formula based on the parents’ combined income and the number of children. There are caps and deviations, but the basic idea is to ensure children continue to be financially supported. Calculating this correctly and arguing for appropriate adjustments requires a keen eye for detail.
Spousal Support (Alimony)
Also known as maintenance, spousal support is financial assistance paid by one spouse to the other after a divorce. The goal is often to allow the less financially independent spouse to become self-supporting. New York has advisory guidelines for maintenance, but courts consider many factors, including the length of the marriage, each spouse’s income and earning capacity, and health. This can be a significant point of contention, and our firm works to ensure your financial future is protected.
The Divorce Process in Buffalo, NY
While every divorce is unique, the general process in Buffalo, New York, follows a similar path:
- Consultation & Filing: It starts with a confidential case review. We’ll discuss your situation, explain your options, and if you proceed, we’ll prepare and file the Summons with Notice or Summons and Complaint, officially commencing the action.
- Service of Process: The papers must be properly served on your spouse, notifying them of the divorce action.
- Negotiation & Discovery: Both sides exchange financial information (discovery). This is often where negotiations happen, aiming to resolve issues like property division, custody, and support without court intervention. Mediated or collaborative divorce can also be explored.
- Court Appearances: If an agreement isn’t reached, court conferences and possibly motions will occur. The court will help facilitate settlement discussions or prepare the case for trial.
- Trial (if necessary): If all attempts at settlement fail, the case will proceed to trial, where a judge will make decisions on all unresolved issues.
- Judgment of Divorce: Once all issues are settled (either by agreement or court order), the Judgment of Divorce is signed by the judge, legally dissolving the marriage.
This path can be winding, but having seasoned counsel by your side ensures you’re always informed and confidently moving forward.
The Importance of Knowledgeable Legal Counsel in Buffalo
When facing something as life-altering as divorce, having a knowledgeable and empathetic attorney isn’t just helpful; it’s essential. The legal intricacies, emotional toll, and long-term implications demand careful management. You need someone who understands the law, but also understands you and your goals for the future.
Mr. Sris, the founder of Law Offices Of SRIS, P.C., has always focused on handling challenging family law matters. He shares, “My focus since founding the firm in 1997 has always been directed towards personally handling the most challenging and complex criminal and family law matters our clients face.” This dedication means your case, no matter how intricate, will receive the attention it deserves.
Beyond legal theory, the financial aspects of divorce are often where things get incredibly complicated. Mr. Sris’s unique background provides a distinct advantage: “I find my background in accounting and information management provides a unique advantage when handling the intricate financial and technological aspects inherent in many modern legal cases.” This means our team is particularly adept at uncovering hidden assets, valuing businesses, and Handling complex financial disclosures, ensuring your financial well-being isn’t overlooked.
Ultimately, having counsel who is not only skilled in the courtroom but also deeply committed to their clients’ success and actively engaged in the legal community provides an invaluable layer of support. It’s about having a strong advocate who sees the bigger picture and fights for your best interests.
Why Choose Law Offices Of SRIS, P.C. for Your Buffalo Divorce?
Choosing the right divorce lawyer in Buffalo, NY, is a deeply personal decision. At Law Offices Of SRIS, P.C., we pride ourselves on offering not just legal representation, but a compassionate partnership during one of life’s most difficult transitions. We believe in being direct, clear, and empathetic, providing the “relatable authority” you need to feel secure.
Our team is committed to:
- Clear Communication: We explain complex legal concepts in plain language so you always know where you stand.
- Strategic Advocacy: We develop tailored strategies designed to achieve the most favorable outcomes for your specific circumstances.
- Comprehensive Support: From the initial confidential case review through negotiation and, if necessary, litigation, we are with you every step of the way.
- Local Insight: With a location in Buffalo, we are familiar with the local court procedures and legal landscape, providing you with localized and effective representation.
Law Offices of SRIS, P.C. has locations in Buffalo. Our dedicated team is ready to provide the knowledgeable and experienced legal support you deserve. We’re not just lawyers; we’re your advocates, committed to helping you Handling this journey with strength and dignity.
Contact Us for a Confidential Case Review
If you’re considering divorce or have been served with divorce papers in Buffalo, New York, don’t face it alone. The uncertainty can be debilitating, but clarity and direction are within reach. Contact Law Offices Of SRIS, P.C. today to schedule a confidential case review. Let us provide the guidance you need to move forward.
Our Buffalo location can be reached at +1-838-292-0003.
Disclaimer
Past results do not predict future outcomes.
Frequently Asked Questions
What are the primary grounds for divorce in New York?
In New York, the most common ground is ‘no-fault,’ meaning the marriage has been irretrievably broken for at least six months. You can also pursue a ‘fault’ divorce based on cruel and inhuman treatment, abandonment, imprisonment, or adultery. We’re here to help you understand which ground best fits your situation and how to proceed confidently.
How is marital property divided in a New York divorce?
New York follows the principle of ‘equitable distribution,’ which means marital assets and debts are divided fairly, though not necessarily equally. The court considers many factors, including the length of the marriage and each spouse’s contributions. Our experienced team works diligently to ensure a fair outcome for your financial future.
What is the typical timeline for a divorce in Buffalo, NY?
The timeline for a divorce in Buffalo, NY, can vary significantly depending on whether it’s contested or uncontested, and the complexity of issues like property division or child custody. An uncontested divorce might take several months, while a highly contested one could take a year or more. We’ll provide a clear roadmap and manage expectations throughout.
Will I have to go to court for my divorce in New York?
Not necessarily. Many divorces in New York are settled through negotiation, mediation, or collaborative law without ever going to trial. However, if an agreement cannot be reached, court appearances and potentially a trial may be necessary. Our goal is to achieve a favorable resolution efficiently, whether in or out of court.
How are child custody decisions made in Buffalo, NY?
Child custody decisions in Buffalo, like all of New York, are made based on the ‘best interests of the child.’ This involves considering various factors, including each parent’s ability to provide care, the child’s wishes (if old enough), and stability. We advocate for parenting plans that support your children’s well-being and your parental rights.
What is the difference between legal and physical custody?
Legal custody refers to which parent has the right to make major decisions about the child’s upbringing, such as education, healthcare, and religion. Physical custody (or residential custody) determines where the child primarily lives. Both can be joint or sole. We’ll clarify these distinctions and help structure an arrangement that works for your family.
Is spousal support (alimony) always awarded in a New York divorce?
Spousal support, or maintenance, is not automatically awarded in every New York divorce. Courts consider factors such as the length of the marriage, the income and earning capacity of each spouse, and their health. New York has advisory guidelines, but the final decision is discretionary. Our team can help you understand your rights concerning spousal support.
Can I get a divorce in New York if my spouse lives in another state?
Generally, yes, as long as New York has jurisdiction over your marriage. This usually requires that either you or your spouse have resided in New York for a continuous period (typically one or two years, depending on the circumstances) immediately before filing for divorce. We can assess your specific residency to confirm eligibility.
What if my spouse and I agree on all divorce terms?
If you and your spouse agree on all terms, you can pursue an uncontested divorce. This is generally faster and less expensive. Even in amicable situations, it’s essential to have a knowledgeable attorney review your agreement to ensure it protects your long-term interests and adheres to New York law. We’ll make sure everything is properly documented.
How can Law Offices Of SRIS, P.C. help me through my divorce?
At Law Offices Of SRIS, P.C., we provide knowledgeable and empathetic legal guidance throughout your divorce journey. We explain complex laws, strategize for equitable outcomes, and advocate fiercely for your rights regarding property, children, and support. Our goal is to give you clarity and confidence, ensuring a strong foundation for your next chapter.
