Is a White Plains Divorce Lawyer Right for You?
Divorce is one of the most difficult periods. Its impact touches all levels of the family and members too. The Law Offices of SRIS, P.C. is aware of how complicated the process may become. Our White Plains divorce lawyer will help battle your case, guiding you through this very trying process.
What Are the Residency Requirements for Divorce in White Plains, New York?
To obtain a divorce in White Plains, New York, the following residency requirements must be met:
Two-Year Residency:
- Either you or your spouse must have had his/her domicile in New York for two years immediately preceding you filing the divorce.
One-Year Residency with Additional Conditions:
Either of you must be a resident of New York for one year before the date that the divorce is granted, and must also meet at least one of the following conditions:
- You were married in New York.
- You were already married and living in New York as husband and wife.
One-Year Residency with Grounds in New York:
- Either you or your spouse must have been a resident of New York for at least one year before you initiated your divorce action; there must exist a legal grounds for divorce, which must have arisen inside the state of New York.
Residency at the Time of Filing with Grounds in New York:
- You and your spouse both must be residents of New York at the time of filing, and the grounds for divorce must have occurred in New York.
What Are the Grounds for Divorce in White Plains, New York?
The two grounds that New York Courts recognize for divorce are:
No-Fault Divorce:
- Irretrievable Breakdown: Of course, one of the most basic grounds for divorce filing in New York is that this is one of the grounds. This essentially involves a spouse filing and recording an affidavit under oath in the county clerk’s office declaring that for at least six months, the marriage has become irretrievably broken.
- Economic Matters Settlement: Matters of divorce property and financial settlement, could all be matters of distribution of property/asset, spousal maintenance, or even an arrangement for the care of a child custody or children must therefore be agreed upon or ordered by a court before a decree of divorce can be granted.
Fault-Based Divorce:
Although fault-based divorce is less common, it can still be filed on the following grounds:
- Adultery
- Cruel and Inhuman Treatment
- Abandonment, either physical or sexual
- Imprisonment
- Separation Agreement
- Separation Judgment or Decree
Fault can be difficult to prove, and it is always advisable to talk to a White Plains divorce lawyer to understand which requirements need to be met for these grounds.
How Is Property Divided in a New York Divorce?
New York uses the theory of equitable distribution to distribute marital property. Technically, this means that the court equitably distributes the property not necessarily equally between the two spouses.
Important Distinctions:
- Separate Property: Separate property is all property one spouse owns before marriage, all property inherited by either spouse, or all property gifted to one spouse. It usually remains that person’s separate property.
- Matrimonial Property: This includes all property acquired during marriage, irrespective of its title. It can be real estate, bank account, investment accounts, business interests, and even some personal injury awards.
Factors Considered in the Equitable Distribution:
In the distribution of marital property, factors that courts will consider:
- Length of marriage
- Age and health of both spouses
- Income and earning capacity of both spouses
- Marital contribution of the spouses in the form of home-making, child-rearing, as well as financial contribution
- Standard of living established during the marriage
- Tax implications of division of property
- Whether either spouse requires future financial support
Ensure that you hire a White Plains divorce lawyer who is knowledgeable enough to protect your rights and guide you on the complex process of property division.
What Are the Guidelines for Spousal Support in White Plains, New York?
In New York State, either spouse may be granted spousal support sometimes known as spousal or maintenance. Among those, the court would consider the following factors relevant in making the decision of whether support is appropriate and what amount is appropriate:
- Income and Earning Capacity: The financial situation of both spouses including their current income and potential earning capacity.
- Duration of Marriage: The length of the marriage can have an impact on support – including its duration.
- Standard of Living: The standard of living the parties established during the marriage
- Tax Consequences: the tax consequences to the parties of the payment and receipt of spousal support
- Existence of Children: Any children that may exist and the costs to care for them
- Other Relevant Factors: the general health and age of both parties; any special factors.
If you believe that you are entitled to spousal support, be sure to hire a divorce lawyer White Plains NY in the defense of those entitled to a spousal claim.
How Can a Divorce Attorney Help?
Experienced New York divorce lawyers can be invaluable in guiding you through this difficult process. Here is how a divorce lawyer White Plains NY, such as one from The Law Offices of SRIS, P.C., can help.
- Strategic Planning: Receive individualized legal advice to understand your rights and explore available legal options.
- Efficient Litigation: Our attorney will ensure an efficient and hassle-free legal process through the swift resolution of your case.
- Neutral Settlement Deals: Work in your best interest and safeguard your rights by obtaining a fair settlement.
- Relief from Tension and Anxiety: Relieve yourself from headaches and worries by entrusting your legal matters to our attorneys.
When considering a divorce in New York, consult an experienced divorce attorney in White Plains. He will guide you through the legal process and help you achieve a desirable result.
With over 50 years of combined legal experience, our attorneys at The Law Offices of SRIS, P.C. bring unparalleled knowledge and competence to every case. Each case is treated with ultimate care and professionalism. We shall guide you through that divorce maze and do whatever it takes to protect your rights as the business person, so you get an ideal result in the outcome. Contact us to schedule a consultation session.
Frequently Asked Questions
This divorce attorney is a family law practice. Such a family law attorney guides you through the complexities of the legal process during a divorce, representing your rights every step of the way.
Under New York divorce law, divorce entails the procedures and processes of filing for a petition, effecting service upon the other spouse, negotiating or litigating regarding the division of property, child custody, and spousal support issues, culminating in coming out with a final judgment of divorce.
A divorce attorney can generally help you identify marital assets, then determine the value of those assets and negotiate or litigate a fair division thereof. They can also protect your interests regarding high-value assets like real estate, businesses, and retirement accounts.
