Having a qualified and experienced attorney on your side is beneficial during a divorce. Many of the top divorce lawyers in New York have handled well-known cases and are regarded as authorities in their industry. Top New York divorce lawyers at The Law Offices of SRIS, P.C. have had the memory of assisting clients in some of the most famous divorce proceedings.
What is a No-Fault Divorce?
A no-fault divorce is one in which neither spouse is required to establish that the other sinned to support the dissolution of the union. A no-fault divorce enables partners to end their marriage because they cannot be reconciled or because it is shattered without placing blame for the union’s dissolution.
The following are the main features of a No-fault divorce:
No Need to Establish Fault:
In a No-fault divorce, there is no need to establish blame, such as adultery, cruelty, abandonment, or other customary grounds for divorce. Neither spouse needs to accuse the other of marital indiscretion.
Unbridgeable Disparities:
The phrase “irreconcilable differences” is used to justify no-fault divorces. This indicates that efforts at reconciliation have been unsuccessful, and the couple believes their marriage cannot be saved.
Legal Process Simplified:
Divorce in New York No Fault is less acrimonious and combative than fault-based divorces. As a result of the lack of a necessity to fight matters about fault, they often include a simpler and more streamlined legal process.
Privacy:
Since there is no public airing of individual grievances or misdeeds in court, spouses can often keep the specifics of their marital issues private during no-fault divorces.
Focus on Resolution:
Since there is no need to determine who is at fault, spouses can concentrate on finding solutions to concrete problems like property division, spousal support (alimony), child custody, and child support.
Widespread Adoption:
Many jurisdictions have implemented no-fault divorce laws. These laws differ from state to state, but they all generally adhere to the same fundamental idea: they permit divorce between partners without having to establish fault.
It’s crucial to remember that while a no-fault divorce does away with the need to establish fault, it does not mean that matters of property division, alimony, and child custody will be settled. Couples may need to discuss or go through legal proceedings to agree on these concerns, as they still need to be addressed.
Divorce and Same-Sex Marriage Rights
Considerations for the International Community:
Complex jurisdictional concerns may develop in cases involving foreign same-sex couples who married in a country where same-sex marriage is legal but later sought divorce in a country where it is not.
The legalization of same-sex marriage has given same-sex couples the ability to marry and equal rights and access to divorce processes.
High-Asset Separations
A high-asset divorce is one in which there are many financial assets involved, such as real estate, enterprises, investments, and retirement funds. These kinds of divorces can be complicated and drawn out since the parties involved must distribute their assets.
A divorce may be high-asset if a few things happen. These consist of:
- The sum of the assets owned by the couple.
- The nature of the assets at stake.
- The difficulty of the financial circumstances.
- The degree of disagreement between the partners.
Top New York divorce lawyers‘ experience in high-asset divorce cases is crucial if you are involved in one. You can safeguard your interests and make sure you receive a fair settlement with the aid of a lawyer.
Parental Rights and Child Custody
The concepts of child custody and parental rights are distinct but connected. The legal arrangement that defines where a child will live and who will make decisions about the child’s upbringing is referred to as child custody. Parental rights are the formal entitlements parents have to their kids, including the right to custody, financial support, and visitation.
The law about parental rights and child custody varies from state to state in the United States. There are, however, some universal rules that are valid throughout the majority of states.
The child’s best interests:
The fundamental factor in any child custody issue is the child’s ideal interests. This means the court will check various criteria, including the child’s age, wishes, parenting skills, and ability to meet the child’s requirements.
Joint custody:
Joint custody is a form of child custody in which both parents share legal and physical custody of the child. This means both parents share decision-making authority and spend equal time with the child.
Primary custody:
Primary custody is a sort of child custody in which one parent spends most of the child’s time with them and has most of the decision-making power. Despite having visiting rights, the other parent will have different control or access to the child.
Visitation:
The right to spend time with a child with a parent who does not have primary custody referred to as visitation. Depending on the case’s unique circumstances, visiting time and frequency will vary.
Child support:
Child support is the amount of money one parent gives to the other to help support the child. The court will decide the amount of child support based on several variables, including the parent’s income and the kid’s needs.
Talking to a top New York divorce lawyers must speak about your parental responsibilities and child custody if you’re going through a divorce or separation. A top New York divorce lawyers can assist you in comprehending local laws and defending your rights and your child’s rights.
Jurisdiction for International Divorces
The ability of a court to hear a divorce case involving parties from different countries is referred to as international divorce jurisdiction. A single international law does not govern international divorce jurisdiction, and sovereign laws differ.
But, there are a few universal rules that hold across the majority of nations.
According to the domicile rule:
A person’s divorce case can be heard in the court of the nation in which they now live. Domicile refers to a person’s permanent house based on where they live, work, and maintain social and familial relationships.
According to the customary house rule for Top New York divorce lawyers
A top New York divorce lawyers involving a person must be heard by the judicial system of the nation in which they live. Habitual habitation refers to a person’s usual place of abode and is influenced by where they live, work, and maintain social and familial relationships.
There may be situations when it is unclear which country has jurisdiction because the domicile and habitual house rules are only sometimes clean and dry. The courts will often use a multifactor test to establish which nation has the most large relationship to the case in certain situations.
The international divorce jurisdiction laws in your case should be discussed with Divorce Lawyer in New York City at The Law Offices of SRIS.P.C., an attorney if you’re thinking of having a divorce with parties from different countries. You can safeguard your rights and better comprehend the law with the aid of an attorney.
Protective Orders and Domestic Violence
Domestic Violence:
Domestic abuse is a pattern of behavior in which one person controls another by abusing them. No matter their age, ethnicity, gender, or sexual preference, it may happen to anyone.
Domestic violence can take many different forms, including:
- Physical harm: This might be hitting, kicking, pushing, or any other physical action.
- Emotional abuse: Name-calling, insults, threatening behavior, and other emotional manipulation techniques are all examples of emotional abuse.
- Sexual abuse: Sexual assault, rape, and child sexual abuse are all examples of sexual abuse, as is any unwelcome sexual contact.
- Financial abuse: Controlling the victim’s finances, stopping them from working, or seizing their money are all examples of financial abuse.
Our lawyers are focused on helping survivors of domestic violence by providing complete legal services regardless of the manner of abuse. If you or someone you know is experiencing domestic abuse, please call for help and guidance.
Protective Orders:
Protective or restraining orders are court-issued legal instruments designed to protect individuals from danger or harassment.
Domestic violence restraining orders, no-contact orders, and harassment prevention orders are all examples of these orders.
Protective orders can restrict the alleged perpetrator from contacting the victim, entering specific locations (e.g., the victim’s home or office), or approaching the victim in any way.
In some circumstances, protective orders provide the victim temporary custody of children to ensure their protection.
Violating a protective order can result in arrest and criminal prosecution against the alleged offender.
Protective orders are critical legal tools for providing safety measures to those who are suffering potential violence or harassment.
Frequently Asked Questions
Q1. How long does it take in New York to complete a divorce?
Top New York divorce lawyers vary depending on several variables. An uncontested divorce, in which both parties agree on all matters, can get finalized in 4 to 6 months. Contested divorces that involve disputed matters (such as property distribution or child custody) might drag on for a year or longer.
Q2. What would happen if my partner tried to hide assets during the divorce?
You can do a few things if your spouse hides assets during the divorce.
To compel discovery, you can submit a motion. This petition asks the court to make your spouse reveal all their assets.
An appeal for sanctions is possible. This is an application to the court to hold your spouse accountable for hiding assets. The penalties might be a fine, a need to cover your legal costs, or even jail time.
A motion over fairness gets filed. Even though some of your spouse’s assets were hidden, you asked the court to split them.
If you can show that your partner withheld assets, the court will order them to reveal and distribute them. The judge may also mandate that your spouse cover your legal costs.
Q3. Will my divorce go to court?
Depending on the specifics of your case, you may or may not need to appear in court for your divorce. You can apply for an uncontested divorce and stay out of court if you and your spouse agree on all the terms. But, you will need to go to court to have a judge decide the issues if you and your husband cannot agree on all or a part of the divorce’s conditions. Top New York Divorce Lawyers can help you navigate any circumstance while protecting your rights.