Divorce

When a husband and wife decide to terminate their marriage, they can file for a divorce, or dissolution of the marriage. Typical issues that arise during a divorce include child support, alimony (spousal support), division of property and assets, and child custody and visitation.

In the state of New York, there certain residential requirement each couple must meet before they can file for divorce. In all divorce cases, at least one spouse must have been a resident of New York State for at least one year before filing for divorce. Other requirements for divorce include:

• The husband and wife were married in
  New York
• The couple lived as husband and wife
• Grounds for divorce took place in the state of New York

In order to file for divorce in the State of New York, a couple must prove they have legitimate grounds. Lack of communication, irreconcilable differences, and dissatisfaction are NOT considered legitimate grounds for divorce. Legitimate grounds for divorce include:

• Cruel or inhuman treatment.
• Abandonment for a continual period of time for over one year
• Constructive abandonment (either the husband or wife will not engage in marital relations for over one year)
• Either the husband or wife was imprisoned for over three or more years
• Adultery
• Conversion of a separation judgment (the couple lives apart for one year according to a judgment or decree)
• Conversion of a written separation agreement (stipulation stating divorce becomes final after one year of substantial compliance with the terms of the stipulation)  

Uncontested divorce:
There are many issues and decision that arise during a divorce that must be dealt with between the spouses and their attorneys. When couples filing for a divorce are able to come to mutual agreements and settle issues amicably without the intervention of the court, it is considered an uncontested divorce. Uncontested divorces are usually handled without any anger, resentment, or misinterpretation. When couples amicably get through a divorce it saves time, money and makes a potentially frustrating process smooth, simple, and efficient.

Contested divorce:
When a couple has conflicting opinions and cannot come to an agreement on issues regarding their divorce it is considered contested divorce. There are many factors involved in a divorce that may cause couples to disagree, including child and spousal support, marital property, and separation agreements. These types of issues can make a divorce go from a relatively smooth legal process, to a frustrating, exhausting and infuriating experience.  Furthermore, contested divorces are typically rather costly, which can be emotionally distressing for many couples.

Mediation
When couples filing for a divorce have conflicting opinions, it is usually a good idea to have an attorney mediate a discussion about any problems that have arisen. Mediation is very helpful when it comes to reaching mutual decisions on heated issues of the divorce.  If decisions cannot be met with mutual agreement, they can be left up to the decision of a judge. If utilized properly, mediation can help to resolve all or most of the issues of the divorce.

If you have decided to file for a divorce, it is important to seek legal representation separate from your spouse. Hiring your own attorney will ensure your needs, assets, and legal rights will be protected and fought for.
If you are filing for divorce in Long Island it is important to enlist the legal aid of an experienced divorce law attorney.

The skilled attorneys at the Law Offices of Palermo, Palermo & Tuohy can provide you will expert legal advice, up-to-date information  and resources on New York state laws, protect your assets, help to file and draft important documentation, and ensure your individual rights and best interest are protected.

The attorneys at the Law Office of Palermo, Palermo & Tuohy, work relentlessly on behalf of their clients’ best interest. The Law Office of Palermo, Palermo & Tuohy is passionate about providing expert legal service, aggressive representation, and bringing justice to all of their clients. The attorneys at the Law Office of Palermo, Palermo & Tuohy pour all their efforts into securing and comforting their clients’ needs during these hard and emotionally exhausting times.