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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.
Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.
In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.
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Last Updated on: 5th April 2023, 07:19 pm
At the Spodek Law Group, we are a highly-regarded law firm that provides unparalleled representation to families on Long Island. With decades of combined experience, our team of expert attorneys has successfully navigated the complexities and adversities of family law for countless clients in Nassau and Suffolk County. We understand that you want the best possible outcome for your family and are here to protect your future.
When it comes to divorce, choosing the right attorney can make all the difference. That’s why we offer our undivided attention, exploring all options – from alternative dispute resolution to aggressive courtroom litigation – to ensure you receive the outcome you deserve. Our personalized approach to legal services means that you are treated like family and kept informed every step of the way.
Divorce can be a life-altering event, and making the decision to end your marriage should never be taken lightly. With so much at stake – including children, assets, and your future – it’s crucial to have an experienced divorce attorney by your side. The Spodek Law Group is here to listen to your concerns and fight for your rights. We know that divorce is never easy, but with 35-50% of marriages in America ending in separation or divorce, you’re not alone. Trust us to guide you through this challenging time with compassion and professionalism.
“Say Goodbye to the Pain of Marriage with No-Fault Divorce”
In New York, the path to ending a troubled marriage has never been easier. With the state’s family law code, couples now have the option of a no-fault divorce, where neither spouse is held legally responsible for the break-up. This stress-free process simply requires meeting the residency requirement and proving that the marriage has irretrievably broken down.
At our Long Island divorce law firm, we understand the emotional toll that divorce can take, and we’re here to help guide you through this difficult time. We’ll help ensure that your rights as a New Yorker are protected, and that you receive the support you need to move forward.
“Unleash Your Fury with a Fault-Based Divorce”
In certain circumstances, a fault-based divorce may be the preferred option. This type of divorce allows you to seek a finding of fault against your spouse, making it possible to take legal action. Common grounds for a fault-based divorce in New York include:
-Cruel and inhumane treatment that puts the spouse’s physical or mental health at risk -Abandonment lasting a minimum of one year -Incarceration of at least three consecutive years during the marriage -Adultery
However, securing a finding of fault is no easy feat. You’ll need to present convincing evidence to support your claims. That’s why it’s essential to have an experienced and aggressive Long Island divorce lawyer by your side.
“Escape the Chains of a Troubled Marriage with an Annulment”
For some couples, annulment may be the best option. Unlike divorce, annulment nullifies the marriage, making it as if it never existed in the first place. To be eligible for an annulment, your marriage must meet strict criteria. However, the limited number of couples who are eligible for annulment can enjoy a fresh start, free from the burden of a troubled past.
At our Long Island divorce law firm, we’re committed to helping you find the best path forward. Whether you’re seeking a no-fault divorce, a fault-based divorce, or an annulment, we’re here to help you navigate the legal system and achieve the outcome you deserve.
The heartache of ending a marriage is a complex and personal journey for those in Long Island. Unfortunately, there are various reasons that lead couples to seek a divorce, from cruel and inhuman treatment, to abandonment, or even irreconcilable differences. While no-fault divorce is the most common type in New York, it’s crucial to understand that every reason must be discussed in a court of law.
For those considering divorce, it’s imperative to seek the guidance of a seasoned divorce attorney. Filing for divorce without legal representation can be tempting, but it’s not advisable. The process is complex, with many opportunities for missteps that can have lasting consequences. A divorce attorney can help simplify the process, and protect your rights and interests. They can also help you navigate any mediation that may be necessary, and ensure that the division of debts and assets, as well as child and spousal support, is fair and just.
As you begin this new chapter of your life, it’s essential to make sure you’re protected and represented. A divorce attorney can be your advocate, your voice, and your support system during this challenging time. Don’t navigate the complexities of divorce alone, reach out for help and start living the life you deserve.
The end of a marriage is never easy, especially in the bustling metropolis of New York. However, for couples on Long Island who find themselves in this difficult situation, the process can be made smoother with the guidance of a trusted divorce attorney.
In New York, the most common reason cited for divorce is “irreconcilable differences.” However, there are other reasons for seeking a divorce, such as cruel and inhuman treatment, abandonment, prison confinement of more than three years, adultery, or separation of over a year. Regardless of the reason, the process of filing for divorce must be carried out through the court of law.
While it is technically possible to file for divorce without the help of an attorney, this is not recommended. The paperwork and legal procedures can be complex, and navigating them alone can be overwhelming. An experienced divorce attorney can ensure that the process goes as smoothly as possible, protecting your interests and assets. They can also assist with mediation, working with both partners to resolve any disputes and reach a fair agreement.
Don’t go through this trying time alone. Reach out to a Long Island divorce attorney today to discuss your options and get the help you need. With their expertise and guidance, you can start the next chapter of your life with peace of mind and comfort.
Divorces are not for the faint of heart. The emotional toll is unbearable and the financial consequences can keep even the most financially secure people up at night. While some divorces are amicable and swiftly settled, others are caught in the treacherous whirlpool of the court system. It can be disheartening to feel as though you’ve given everything to your husband, only to find yourself continually dragged back to court, where the costs can quickly escalate. But, you might be wondering, is it possible to make your ex-husband pay if he keeps bringing you back to court? Read on to find out.
The Ugly Truth of Divorce Battles in Court
To understand why some divorces end up in court, we must delve into the root of the problem. Typically, marital breakups are negotiated between the spouses and their lawyers, without ever setting foot in a courtroom. However, some divorces can become a legal battleground, requiring multiple court appearances. This is when the court system can play a vital role in resolving disputes that couldn’t be solved outside of the courtroom. These disputes can range from division of marital assets to complex issues like child custody, visitation rights, and child support.
Sadly, your husband has the right to keep taking you back to court, revisiting the same issues again and again, unless you agree to every unreasonable demand he makes. Some wives have reported being dragged into court on a weekly basis, adding even more financial and emotional stress to an already difficult situation. Though this is not uncommon, your husband must prove that he’s not acting out of spite. If he’s only adding to your distress, you may have a case for him to pay for court costs. But, securing this outcome is another story altogether.
The Final Word Belongs to the Judge
If you want your ex-husband to pay for the repeated court costs, you must prove to the judge that his actions are malicious. This legal term is known as Vexatious Litigant. Keep in mind, the court’s goal is not to make money, but to deliver justice. If you can convince the judge that your husband’s sole purpose is to cause you suffering, you might have a case. You must prove that his malicious intent was so intense that he had no desire to reach an amicable conclusion with the court. If you can succeed in making this argument, the judge may award you a judgement in your favor, requiring your ex-husband to pay for your court fees. But, be warned, this is a tough argument to win.
In a divorce proceeding, the judge is typically hesitant to limit what either party can file in court, as they want to ensure justice is served. This often leads to multiple filings and little that can be done to stop it, especially if children are involved and parental rights are deemed a high priority in the judicial system. If you can persuade the judge to issue an order for your ex-husband to pay the added fees, consider yourself lucky.
The End of Your Marriage: Navigating the Settlement Agreement
As you and your spouse come to a close on your divorce journey, the settlement agreement is the final step towards a legally binding contract that seals the end of your union. However, this agreement isn’t set in stone and there may come a time when you both desire a change. In this article, we’ll take you through the process of modifying a settlement agreement, from start to finish.
The Power of a Judge’s Signature
For most couples, a settlement agreement is a more preferable option than a court ruling on support and asset division. It offers control and a streamlined process, leaving the court to step in only when necessary. Whether you choose to handle the divorce process on your own or with the help of a divorce lawyer, it’s important to understand the impact of a judge’s signature on the settlement agreement.
A Window of Opportunity
Before the agreement is submitted to the court, you and your spouse are free to modify it at will. This is the time to bring in a Long Island divorce attorney to help ensure your rights are protected. However, once the agreement is sent to the court, the window for changes narrows significantly. The agreement must be reviewed by a judge and signed into a divorce decree before it becomes official. If you or your spouse have any reservations about the agreement, this is the time to speak up and make changes.
Making Changes to an Official Agreement
If the judge has already signed the divorce decree, modifying the settlement agreement becomes a bit more challenging. The good news is, if both parties agree on the changes, the court will often allow for modifications. The key is to have a new agreement in place before you approach the court. Hiring divorce lawyers to represent you both and negotiate a new agreement will ensure that your rights are protected.
Keep in Mind: The Old Agreement is Still Valid
It’s important to remember that until any changes are made to the settlement agreement, the original agreement remains valid. For example, if you were required to pay spousal support, you must continue to do so until the agreement is officially changed. If you stop paying, your ex-spouse can file a claim against you for violating the agreement.
Making Changes Without Your Spouse’s Consent
If your spouse chooses to stick with the original agreement, your only option is to file a motion to modify the agreement with the court. This requires you to provide evidence of a valid reason for the change, such as signing the agreement under duress or your spouse hiding property during the divorce proceedings. Changing an agreement without your spouse’s consent can be difficult, making it even more important to review the agreement carefully before signing.
Navigating the Complexities of Divorce
No matter what stage of the process you’re in, a Long Island divorce lawyer can help guide you through the complexities of divorce. Whether it’s ensuring you receive what you deserve in an unapproved agreement or negotiating a new agreement, a skilled divorce lawyer has the knowledge and experience to protect your rights. Don’t navigate this journey alone, reach out for the support you need.
Divorce can be a devastating and emotional time for all involved. It’s a time when trust has been shattered, and uncertainty looms over the future. The process of divorce can be especially trying if your soon-to-be ex refuses to sign a settlement agreement, leaving you feeling helpless and hopeless. But before you reach that point, it’s essential to understand what a settlement agreement is and what your options are if one cannot be reached.
A settlement agreement is a chance for divorcing couples to come to a mutually beneficial arrangement on the financial and parental terms of their marriage. This may include division of assets and liabilities, spousal support, parenting plans, and child support.
If both parties agree on the terms of the settlement agreement, it can be a straightforward process. The court will approve the agreement, reducing the cost and stress of a court trial. However, it’s important to note that a settlement agreement is not legally binding until the court gives its approval.
Unfortunately, not all divorces can be resolved with a settlement agreement. If your spouse contests the terms, your only recourse may be to prepare for a court trial. However, there are alternatives to a trial, such as mediation or arbitration, where a mediator or arbitrator can help iron out differences between both parties.
Another option is a partial settlement agreement, where both parties can come to an agreement on most terms, leaving the contentious points to the judge to decide.
In cases where emotions are running high and negotiations are proving to be challenging, an attorney can be a valuable resource. They can add a barrier between you and your spouse and remove the emotional component from the negotiation process. Additionally, an attorney can walk you through the steps of a contested divorce and help you present a compelling case to the judge.
Divorce may be a difficult and challenging time, but understanding what a settlement agreement is and exploring alternatives to a court trial can help ensure a fair and equitable outcome for all involved.
The end of a marriage is never an easy road to navigate, but the legal process can become even more complicated when one spouse is uncooperative. If you find yourself in this situation, take comfort in knowing that New York State offers two options for obtaining a divorce without your spouse's signature.
The "no signature required" divorce is the first option, and it's available when your spouse fails to respond to the divorce summons after being served. The process is simple: file for divorce, have the summons served, and if no response is received within 20 days, the divorce may proceed.
But what if your spouse is aware of the divorce proceedings but still refuses to sign the divorce papers? No problem. The lack of a response after 20 days is considered a default, and the divorce can still be processed. Just be aware that you can only obtain a default divorce if your spouse was aware of the proceedings.
The second option is the "divorce by publication." This is for cases where you cannot locate your spouse and have exhausted all efforts to find them. The court will require you to document your attempts to locate your spouse, and if the court is satisfied with your efforts, you will be required to publicize your divorce notice in the newspaper for three weeks. Once that has been done and you receive no response from your spouse, the divorce can proceed.
Remember, navigating the legal process of divorce can be complicated, but with the right support, you can get through it. Consider hiring a lawyer or a process server to ensure the summons is properly served.
Divorce may not be easy, but with the right support and understanding of your options, you can find closure and move forward.
When it comes to filing for divorce as a resident of New York, the journey can seem overwhelming. But fear not, the New York Courts website is here to guide you every step of the way, offering an in-depth overview of the divorce process and providing all the necessary forms to help you move forward with confidence.
There are three main paths to consider as you embark on this transformative journey. First, you can opt for traditional representation and retain an experienced attorney to guide you through the legal process. Or, for a more accessible and affordable option, consider utilizing an online divorce service. These companies have become increasingly popular, offering an easy-to-use platform complete with the forms required to finalize your divorce. However, it's important to note that these services only handle uncontested divorces, where you and your spouse have already resolved any marital issues.
The third option is to take control of the process yourself, accessing the forms and information available on the New York Courts website. While this route may be more hands-on, it also gives you the power to understand and navigate the requirements of the state. If you choose to go this route, here's what you need to know:
First and foremost, you must have a legally recognized reason, or "ground," for divorce. New York offers both fault-based and no-fault grounds for divorce. Fault-based divorces require you to prove that your spouse engaged in unacceptable behavior, such as cruelty, infidelity, or abandonment. On the other hand, no-fault grounds don't assign blame, instead relying on the irretrievable breakdown of the marriage as the most common reason for divorce.
Additionally, you must meet the residency requirements set by the state. If you were married in New York or lived there as a married couple, you qualify as long as one of you has been a resident for a continuous year before filing for divorce. Alternatively, you may also be eligible if either spouse has been a resident of the state for two years prior to filing. Finally, separate residency requirements apply if the ground for divorce occurred within the state.
Embarking on a pro se divorce journey is a bold and daring move, as the Latin term signifies "for oneself". This means that you'll be representing yourself in court without the help of an attorney. A right enshrined in our Constitution, pro se representation has become a common path for divorce proceedings, especially in light of the abundance of online resources and do-it-yourself guides available today.
We understand why many individuals choose to go the pro se route – legal representation can be pricey, after all. However, what some people may not know is that pro se divorce also comes with its own set of upsides and downsides.
One of the most frequently asked questions we receive is, "Can I represent myself in a divorce?" The answer is yes, you can. But before you make the decision to brave the court alone, it's important to be aware of the potential risks. Going pro se can be a harrowing experience and in this blog, we'll explain why.
On the other hand, hiring an attorney to handle your divorce has a multitude of benefits. Attorneys undergo years of education to master the intricacies of the law, and every state has its own set of rules and procedures for divorce cases. With a seasoned attorney by your side, you'll avoid potential missteps that could cost you your divorce.
Moreover, divorce can be a stressful and emotional time, making it difficult to think clearly. An attorney can ease your burden by taking care of the legal aspects while you focus on yourself and your family. And that's a valuable gift.
In conclusion, pro se divorce is a viable option, but the peace of mind that comes with having a professional by your side is priceless.
As a divorce attorney, I'm often approached by clients who come into my office, seeking to end their marriage. My first question to them is always the same: "What grounds do you have for wanting a divorce?" Surprisingly, many of these clients are not aware that they need a specific reason to file for divorce in New York state.
There are seven grounds for divorce in New York: Irretrievable Breakdown, Cruel and Inhuman Treatment, Abandonment, Imprisonment, Adultery, Judgment of Separation, and Separation Agreement. Let me break down each of these grounds for you.
Irretrievable Breakdown: This occurs when the relationship between you and your spouse has completely fallen apart, and has been this way for at least six months. To file for divorce on this ground, you must have already settled or decided on important issues like custody, spousal support, visitation, property, and child support.
Cruel and Inhuman Treatment: If your spouse has been cruel or abusive to you, putting your physical and/or mental health at risk, you can use this as a ground for divorce. However, it's important to note that this ground only applies if the abusive treatment took place within the past five years.
Abandonment: This happens when your spouse leaves you for at least a year, with no intention of returning. This could mean your spouse physically left you or kicked you out.
Imprisonment: If your spouse has been sentenced to jail for three or more years, you can file for divorce on this ground. But keep in mind, if your spouse was released more than five years ago, you cannot use this as a reason for divorce.
Adultery: If your spouse has committed infidelity, you can file for divorce on this ground. However, it's important to note that there are some restrictions. For example, if you incited your spouse to commit infidelity, absolved your spouse of any wrongdoing after the affair, or had intimate relations with someone else, this ground is not applicable. Additionally, if more than five years have passed since you discovered the infidelity, you cannot use it as a ground for divorce. You also cannot testify yourself to prove adultery, so you must have a reliable witness who can testify on your behalf.
Judgment of Separation: If you and your spouse have not lived together in the same household for at least a year due to a Decree of Separation or Judgment of Separation given by a court, you can use this as a ground for divorce. However, it's important to note that you must follow all the stipulations of the decree or judgment. This ground is not often used, as it requires the same proof as a divorce, and most clients go directly to divorce rather than go through the Judgment of Separation process.
Separation Agreement: If you and your spouse have not lived together for at least a year due to an approved Agreement of Separation, you can use this as a ground for divorce. To file for divorce on this ground, both you and your spouse must sign the agreement before a certified notary, and follow all the conditions outlined in the agreement.
The cost of a divorce in New York is largely determined by whether it's contested or uncontested. If you and your spouse require a court's intervention to resolve family law matters such as child custody, support, spousal support, and property division, then it's a contested divorce. In such a case, both parties are likely to hire their own family law attorney, leading to skyrocketing legal fees. On the other hand, an uncontested divorce occurs when both parties reach an agreement without the need for court intervention. This type of divorce is faster and less expensive, and eligible couples may even opt for a summary dissolution, an abbreviated divorce process.
The presence of children can also impact the cost of a divorce. Children prohibit summary dissolution and make the divorce process longer and more complicated, as child custody and support are often contentious issues. The likelihood of ending up in court and the extra time spent negotiating a custody arrangement with a mediator can also drive up the cost of a divorce. After all, people are more emotional about their children than any other matter, and kids are truly irreplaceable.
The cost of your divorce proceedings is determined by a multitude of factors, with the most prominent one being whether it's a contested or uncontested divorce. In a contested divorce, you and your spouse cannot reach a settlement agreement without the intervention of a New York court. This often involves hiring separate family law attorneys, leading to skyrocketing legal fees. On the other hand, an uncontested divorce is faster and more cost-effective as it involves reaching a settlement agreement without court intervention. However, the eligibility for this type of divorce is limited to those who are married for less than five years, have limited assets and debts, and no children.
Another factor that greatly impacts the cost of your divorce is the presence of children. Children can make the divorce process longer and more complicated, especially when it comes to child custody and support arrangements. The extra time spent negotiating a custody arrangement, even if not in court, can add to the costs. It's not just about the money, it's about what's irreplaceable - your kids. So, whether you're preparing for a litigated divorce or an uncontested one, having children can significantly impact the amount you can expect to spend on your New York divorce.
The cost of divorce is a complex and often overwhelming topic for those considering ending their marriage. In the U.S., the median cost for a divorce is approximately $7,000, but this can vary greatly depending on a multitude of factors. For instance, contested divorces, which involve disagreements around issues such as property distribution or child custody, can cost significantly more and often run into the tens of thousands of dollars. On the other hand, uncontested and do-it-yourself divorces tend to cost much less, ranging from as low as $200 for a DIY approach to $2,000 or more if legal assistance is sought.
The cost of divorce is also influenced by the state in which it takes place, as well as the decision to hire a professional lawyer, the couple's location, the complexity of their finances, and child custody considerations. The single most important factor, however, is whether or not the couple can agree on the terms of the divorce. The more contested the matter becomes, the more expensive it is likely to be, mostly due to the increased legal fees for complex and time-consuming cases.
When it comes to hiring a divorce lawyer, the most common way for legal fees to be charged is by the hour. In practice, these rates are often broken down into six-minute periods and can vary greatly based on the lawyer's expertise, status, reputation, years of experience, and other credentials. On average, hourly billing rates tend to be higher in coastal cities and lower in rural areas, and the size of the law firm can also be a factor in the cost.
In some cases, lawyers may offer alternative payment options, such as flat or fixed fees, which are typically paid in advance, or alternative fee arrangements (AFAs), which can include installments or fixed monthly fees, or even hybrid methods that combine hourly rates with a guaranteed minimum and maximum. However, it's important to note that contingency or success fees, which factor the outcome of the case into billing arrangements, are considered unethical in most states for family law and illegal for divorces in other states. Regardless of the payment method chosen, all fees should be fully disclosed in a written fee agreement or retainer.
Are you struggling to divorce your spouse because you can't locate them? In the past, you would have been out of luck, but today, the law allows one spouse to file for divorce without the other's involvement or consent. So even if you can't find your spouse, you can still file for divorce.
But before a court can process your divorce request, you must "serve" your spouse with the divorce papers. This means delivering them in a formal manner, as required by law. If you don't have a current address for your spouse, serving them can be tricky. However, there are ways to serve your spouse without an address, and the court can help.
The type of divorce you file for is your decision. You can choose a no-fault divorce, where neither spouse blames the other for the break-up, or a fault-based divorce, where one spouse alleges marital misconduct, such as adultery or abuse. Fault-based divorces can be more time-consuming, expensive, and contentious than no-fault divorces, but they may be the best option in some cases.
To serve your spouse with divorce papers, you can hire a private company or your local sheriff's department for a fee. However, most process servers and sheriff offices won't attempt service without a current address. If you can afford it, you might consider hiring a private investigator to track down your spouse, but be aware that it can get expensive quickly without any guarantee of success.
If you don't know where your spouse is, don't despair. The court has options for how you can move forward with your divorce. With determination and persistence, you can end your marriage, even if you can't find your spouse.
If you find yourself in a situation where you are unable to locate your spouse, don't despair. You can still serve them divorce papers by seeking permission from the court to use an alternative method of service. In many courts, you'll need to file a "motion" to request permission, but in some states, including California and Texas, you can simply fill out a form with the county clerk, requesting the alternate method.
Chasing Every Lead to Find Your Spouse Before a court will grant permission to use an alternative method of service, they will want to see that you have made every effort possible to find your spouse. Every court has its own definition of what constitutes a reasonable effort, but generally, you'll need to provide proof that you have tried to serve your spouse at their last known employer, home address, or any other location where they might be found. You may also need to demonstrate that you have attempted to find out if your spouse is incarcerated or living with family members.
If you can show that you have made three unsuccessful attempts to serve your spouse, you have a stronger chance of the court granting your request for an alternative method of service.
Serving Divorce Papers Through a Newspaper The most widely used alternate method of service is "service by publication." This involves placing a notice in a newspaper. Before you proceed, make sure to find out the specific procedures you need to follow, as every court has different rules and regulations regarding publication and notice. Failing to follow these rules could result in the court requiring you to start the process over, delaying your divorce proceedings. If your court has a form for requesting service by publication, make sure to follow the instructions carefully.
Typically, you'll need to place an ad in the local newspaper closest to your spouse's last known address, and run the ad for a set period of time, usually three weeks. The cost of publication is set by the newspaper, and you'll be responsible for paying it. However, you may be able to recover these costs from your spouse later in the divorce proceedings.
An Uncommon but Possible Alternative: Service Through Social Media In rare cases, courts have allowed spouses to use social media platforms like Facebook to give notice. When you request an alternative method of service, the court will inform you of the options available to you.
Serving Divorce Papers Through Courthouse Posting Another alternate method of service is "service by posting," where you, the county clerk, or the sheriff post a notice in the courthouse closest to your spouse's last known address. Some courts have a form for requesting service by posting, which should include instructions on the posting process. In some states, such as California, you can only use this method if you file a fee waiver in your divorce because you are unable to afford the filing fees or fees for publication.
Navigating a divorce can be a tumultuous and trying experience, but it's important to remember that there are options for resolving your differences. In the best-case scenario, you and your spouse can work together to reach an agreement on key issues such as how to raise your children, divide your property, and determine the fate of your family home. By settling matters in a civil and collaborative manner, you not only spare your children the trauma of a contentious divorce, but you also retain control over important decisions that will shape your future.
However, sometimes working things out amicably is not feasible, especially if emotions are running high and you feel frustrated, upset, or overwhelmed. In such cases, it may be necessary to seek the guidance of a skilled New York divorce lawyer who understands the complexities of the divorce court system. Whether you are dealing with issues related to abuse, dishonesty, or contentious legal battles, a qualified attorney can help you protect your rights and interests.
When to Hire a New York Divorce Lawyer:
Benefits of Hiring a New York Divorce Lawyer:
Adultery can have a significant impact on divorce proceedings in New York. As an "equitable distribution" state, judges have the discretion to divide a couple's property in a way that they deem fair, which doesn't necessarily mean a 50-50 split. A judge may consider any factor they find to be appropriate and fair, including an unfaithful spouse's use of marital assets to fund the affair. This could result in the innocent spouse receiving a greater share of the couple's assets.
Regarding child custody, judges base their decisions on the children's best interests, with factors like domestic violence and substance abuse taken into account. Adultery, however, is unlikely to impact a judge's decision on parenting time or where the child will live most of the time. Children benefit from ongoing relationships with both parents, unless that relationship would be harmful to the child. However, a judge may consider the circumstances surrounding the adultery if the child's well-being is in danger, such as if the extramarital relationship involved abusive behavior.
When calculating child support, New York state's guidelines focus primarily on the income of both parents, as well as additional expenses and the number of children being supported. Adultery by either parent is irrelevant to determining which parent will pay support or the amount of the payments.
It's critical to approach divorce proceedings after adultery in a measured way. Although it's natural to feel hurt and angry, it's not a good idea to use the divorce process to punish your spouse. This can increase the cost of divorce and make it more stressful, especially for your children. Additionally, a fault-based divorce means that you won't be able to get an uncontested divorce in New York, which is generally a quicker, easier, and less expensive option.
If you're considering filing for divorce based on your spouse's adultery, it's important to speak with an experienced family law attorney who can evaluate your case and explain whether a fault-based divorce would benefit you. If you ultimately decide to pursue this option, your lawyer will need to prepare and present compelling evidence to prove your claims and persuade a judge that your spouse's adultery should affect decisions on alimony or property distribution.
If you're the one accused of adultery in a fault-based divorce, you should also consult with a lawyer to protect your interests and ensure a fair outcome, regardless of whether you actually had an extramarital affair.
If your marriage is coming to an end due to infidelity, you may be questioning how it will affect the outcome of your divorce. In New York, you can file for divorce based on adultery, but it may not always be the wisest decision.
So, what role does infidelity play in a New York divorce? New York, like all states, requires a valid reason or "ground" to grant a divorce. While there are both fault and no-fault grounds, infidelity is considered a fault-based ground. Adultery is defined as the act of sexual intercourse with someone other than your spouse after you are married.
However, if you want to file for divorce based on your spouse's infidelity, you'll need more than just your testimony to prove it. You'll need to provide evidence that could reasonably suggest the infidelity took place, such as hotel receipts, phone records, emails, and texts.
It's important to note that even if you have proof of your spouse's infidelity, you may not be able to use it as a ground for divorce if you yourself have committed adultery, forgave your spouse, waited more than five years to file, or actively caused the infidelity.
When it comes to alimony, an award is not automatic in New York, where it is known as "maintenance." The court will consider the financial stability of both spouses and aim to help the less financially stable spouse become self-sufficient. While New York courts use a standardized calculator to determine a suggested maintenance amount, they may deviate from it if deemed unjust or inappropriate.
Although a spouse's fault, such as infidelity, is not a listed factor in determining maintenance, judges are allowed to consider other factors that they find fair and appropriate. However, marital fault must be "egregious" or shocking to the conscience to be considered in financial aspects of a divorce. Usually, infidelity does not fall under this category.
That being said, the circumstances surrounding the infidelity may still have an impact. For instance, if a cheating spouse uses marital assets for lavish gifts or trips with a lover, it could qualify as wasteful use of marital property and warrant a deviation from the maintenance guideline.
When you tie the knot, you have the opportunity to embrace a new identity by changing your middle and last name. This exciting change is made possible by simply including your desired name on the marriage license application. However, it's worth noting that your first name remains unchanged by the sanctity of marriage. Upon the completion of the wedding ceremony, your new middle and last name become your official identity, as proven by your cherished marriage certificate. This document serves as evidence of your name change and can be used to update your identification papers, including your driver's license.
You're free to choose from a variety of options for your new last name: take on your spouse's last name, revive any former name of either spouse, create a brand-new name by combining parts of both partners' last names, or opt for a hyphenated combination of either spouse's last name. The possibilities are endless!
In the event of a divorce, you have the option to revert back to a former last name. The court will determine if you're allowed to use your former name, which will be reflected in the divorce judgment. This serves as a legal name change and can be used to update your identification papers, such as your social security card and driver's license. It's important to note that you cannot change your last name to a brand new name that you've never used before.
Getting remarried immediately after finalizing a divorce is not typical, but it's not impossible. It's fascinating to note that back in the 1960s and 1970s, residents of specific states like Arizona, California, Delaware, and Iowa had to wait a year before remarrying. Luckily, in New York, the waiting period isn't that long. In this article, we'll review when you can get remarried after your divorce is finalized in New York and provide some tips for a successful transition.
New York State Restrictions on Marriage After Divorce The state of New York has no waiting period for post-divorce remarriage. All you need is a final divorce, approved by the judge, and a signed Final Decree of Divorce. The court will provide you with written proof that your divorce is final. If you're unsure whether your divorce is final, it's best not to get married until you're sure. After finalizing the divorce, make sure to keep a copy of the divorce decree for both you and your ex-spouse.
Is There a Waiting Period to Get Remarried in New York? After obtaining your marriage license, you must wait for 24 hours before your marriage ceremony takes place, unless you obtain a judicial waiver.
Tips for Individuals Deciding to Get Remarried Right After a Divorce Around 70% of people who get divorced end up getting married again at some point in their lives. If you're sure you want to get remarried right after your divorce, here are some tips to make your transition as smooth as possible:
Consult your attorney before remarrying
Given that this is your second marriage, you've likely learned from some of the mistakes you made during your first marriage. Maybe you want to establish a prenuptial agreement this time around, or you need assistance in understanding how child support and alimony work. Your attorney can provide you with the necessary information and advice.
Talk to a therapist to avoid a second divorce
To prevent making the same mistakes in your second marriage, it's a good idea to talk to a therapist about what went wrong during your first marriage. As you go from a divorce straight into another marriage, therapy can provide you with additional support and a safe place to discuss your emotions.
Take it slow with the kids
If you have children from your previous marriage, they're still likely processing the divorce. You may want to hold off on introducing your kids to your new spouse or find the most amicable way to do it. Creating a plan that serves you and your new spouse's needs while also keeping your children's best interests in mind is an excellent strategy.
Divorce can be an extremely challenging decision to make, as it involves complex legal matters and a range of intense emotions. The timing of when to make this decision can be a source of great anxiety, and couples may struggle with it for months or even years.
Typically, the court will have the final say on legal matters related to divorce. However, this is only after it determines whether the grounds for divorce (excluding No-Fault) have been proven. If not, the couple remains married, and the court doesn't address any other matters.
On the other hand, when it comes to No-Fault divorce, the parties involved must come to an agreement on legal matters before the court can grant a divorce. This can be a challenging process since feelings can run high, and disagreements may arise. It's a critical step in the divorce process that must be taken before the court can finalize a No-Fault divorce.
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