The Spodek Law Group is a boutique NYC divorce law firm located in NYC. Our firm concentrates our practice in the areas of family and divorce law. We serve all 5 boroughs, including long island, and Westchester. We’re recognized as one of the top divorce law firms in the state of New York – and focus on litigtion, mediation, collaborative law, and more. We provide comprehensive, and compassionate, legal service – handling issues such as litigation, negotiation, mediation, prenup agreements, postnup agreements, child custody, child support, spousal maintenance, and more.
Sensitivity to your family
We’re sensitive to your families needs, and have the skills and capacity to provide the best possible legal services for our clients. In addition, our firm has significant experience handling high net worth cases, in addition to providing effective prenup and postnup agreement legal assistance. Our skilled NYC divorce attorneys are committed to providing personal attention, prompt responses to individuals, provide a clear explanation of your options, creative solutions to legal problems, and well thought out legal solutions.
At the Spodek Law Group, our one and only job, is to help you understand your legal options and get you the best possible resolution. Ending your marriage is stressful. We get it. It’s one of the worst things possible. Regardless of whether you’re the one who filed for divorce, or if you’ve been served with divorce papers – it’s going to invoke a lot of emotions. Often, our clients feel a wide array of emotions.
We have an impressive team of divorce attorneys, and support staff, who work hand in hand to support each and every client. For your convenience, we have offices in NYC, Brooklyn, Long Island, and more. We specialize in handling tough cases that require negotiation, collaborative law, and more.
Divorce can be one of the most stressful experiences in a person’s life. If the split is contentious, negotiations and court hearings can drag on for what seems like forever. Even if you and your spouse negotiate an agreement, you’ll be dealing with a lot of negative emotions and uncertainty about the future. But for many people, getting a divorce is one of the best and most courageous decisions they can make.
When you’re considering a divorce, it’s important to get a consultation with a lawyer. They can review the facts of your case and explain your options going forward. If you believe they’re knowledgeable and able to advocate for your position, consider hiring them as your law attorney. Your law attorney will make sure all your paperwork is filed properly, all the necessary evidence is compiled, and that negotiations are completed in a constructive manner. Ideally, they’ll work with your spouse’s lawyer to reach a negotiation that works for everyone. If you can’t come to an agreement, though, they’ll represent you at court hearings, where a judge will mandate the agreement.
Divorce isn’t just complicated emotionally, it’s also complicated legally. There are a great deal of concerns and challenges you need to consider. An ideal attorney will help ensure you have the most painless divorce process possible.
In a divorce, you need to divide both your marital and business assets. You also need to make child custody arrangements, determine child support payments, and determine spousal support. New York divorce lawyers understand the unique local laws and the way your jurisdiction operates. They can make sure all necessary details are addressed. In addition, they’ll advocate for a solution that meets your wishes.
Divorce attorneys do more than just help with the legal aspect of things. They also provide emotional support. When you’re having trouble thinking clearly, your NYC divorce lawyer can also offer clarity and insight. They don’t have the same emotional involvement in the situation that you do, so they can take a more analytical approach.
An experienced NYC divorce attorney can help in any of these areas:
A contested divorce occurs when some aspect of the divorce is disagreed upon. In some cases, one party won’t want the divorce to be happening at all. This can make it difficult to go through the procedure in court, as a judge is unlikely to grant a divorce to a person who doesn’t want it. Contested divorces also occur if there’s a disagreement about spousal support amounts, child support amounts, child custody, or the distribution of assets.
Uncontested divorces are a much easier type of divorce. In an uncontested divorce, both parties come to an agreement regarding the terms of their split. An uncontested divorce is the most ideal type of agreement. It’s often possible to reach a settlement after some negotiation. A NYC divorce lawyer can help ensure that you get what you want, have a legally binding contract, and have all important details accounted for. They’ll also streamline the process to make it easier.
Child custody is one of the biggest parts of a divorce if you have children. For unmarried parents, child custody cases can be negotiated independent of a divorce. These arrangements will determine which parent has primary custody, the schedule for the child to spend time with the parents, and any visitation restrictions. All child custody hearings are ultimately decided by a judge whose job is to rule in the child’s best interest.
When one parent has primary custody, the other parent typically needs to pay child support to fulfill their financial parental obligation. This money is used to help raise the child. Child support payments are first negotiated when the divorce is finalized, but they can also be adjusted if certain circumstances change. A divorce attorney can help you make sure your agreement involves fair child support. They can also help file a petition to adjust child support.
Similar to child support payments, spousal support is paid from one spouse to the other to help them remain financially independent. The amount and type of spousal support required will vary depending on the circumstances. An attorney can help you negotiate the payments.
After the divorce, people sometimes wish to modify their agreement to reflect new terms. An attorney can help you go through this legal process.
Divorce is allowed in New York if one or both spouses have been a resident in the region for at least one year before filing or if you got married in another state but one of the parties has resided in the city continuously for at least two years before the commencement of divorce. Couples can divorce on no-fault grounds or fault-based ground. No-fault grounds came in place on October 12, 2010, where marriage gets dissolved if it has failed to work irretrievably for at least six months. On the other hand, fault-based grounds include inhuman and cruel treatment, three years imprisonment, abandonment, and adultery. In New York, the property is distributed equally except when there was postnuptial or prenuptial agreement. The court may award spousal support during the process to either party after evaluating various factors.
Divorce in New York is complicated because you have to fill many forms even if it is uncontested. Once you fill the documents, you should take them for filing at the county clerk’s office. Afterwards, you will be given an index number for your case. You have to give your spouse copies of the complaints and summons within 120 days, any day except for Sundays. Also, you can have someone close to you deliver the prints as long as they are residents of New York. In case your spouse resides in a different state, you have to follow the rules of that region. For spouses who have kids, you must include a copy of Child Support Standard Chart together with the other documents. Additionally, you should remember to include Form UD-7 (Affidavit of Defendant) with clear instructions on how to fill the paper. It should be filled out by your spouse and sent back within 40 days.
To avoid a trial or have an uncontested divorce, both spouses must settle all issues such as alimony, child support and custody, and division of property. These problems can get solved through mediation whereby you and your spouse come to an amicable agreement, which is subject to be reviewed by a judge. In case you and your spouse fail to agree, you can file the petition in a family court. The court calculates child support based on the standards which the child or children enjoyed before the divorce. In New York, 17 forms get filled for an uncontested divorce. The forms can be downloaded and printed. Regardless of who filed for divorce, if the wife adopted the name of the spouse, divorce petition can be used to restore the maiden name.
Divorce can be a confusing and challenging process at times. Your family and friends may support you, but the guidance of an attorney is crucial. If you want the process to be fast and painless, you should consider hiring a NYC divorce lawyer in New York through a firm such as Spodek Law Group. New York divorce process requires comprehensive knowledge of the matrimonial law. As mentioned above, divorce involves documentation of paperwork, which can be tough without the guidance of a lawyer. Attorneys go to law school where they are equipped with right skills to handle divorce cases. These NYC divorce lawyers have the right experience to handle all sorts of divorce cases, which is crucial in gathering evidence for your case. More significantly, your nyc divorce attorney will coach you on how to present yourself in court.
Moreover, if you want to win the case, you have to refrain from aggressive behavior in the court of law. Additionally, you will need additional effort to fight for your personal property such as cars. A NYC divorce lawyer will assist you to retain ownership of some of your belongings. Once the divorce case is finalized, you will want to move on with your life. With the aid of an experienced NYC divorce lawyer, you will win a fair settlement to ensure emotional and financial stability.
Divorce comes in many forms, and no one can predict how easy or complicated their divorce might be. That’s the running theme of divorce. You can’t predict anything about divorce. You didn’t predict this would end up being your future when you got married. You can’t predict if it’s something your spouse is willing to go with or if it’s something he or she will fight. You don’t know if it will be an ugly divorce or one that goes uncontested.
An uncontested divorce is ideal. It’s the kind of divorce you go through in which you both agree on everything from your child custody to your alimony, and there is no argument about either. This doesn’t mean you both walk into the divorce with an agreement already in place, but it also doesn’t mean you can’t do just that. You might agree ahead of time if you’re civil, or you might come to an agreement during a mediation hearing with the court. Either way, this is the type of divorce that makes the situation much easier.
Divorce in New York
Divorce in New York is not any different than divorce anywhere else. You must file the appropriate paperwork. You must file a motion for what you want out of the divorce, and your spouse is then served paperwork via a process server. Once the divorce paperwork is served, your spouse has so many days to issue a response to the paperwork. This response might agree to the terms you outline, disagree with them, or your spouse might not even bother with a response at all.
Depending on if or how your spouse responds, you either go into a mediation situation or you are taken right to court to process the divorce as it is. You can hire an attorney for this or you can go ahead and handle the situation on your own. However, there is something to be said for hiring an attorney even if you are dealing with a simple divorce case in which all goes uncontested.
When can I get a divorce in New York?
You can get a divorce anytime you want providing you have a valid reason to end your marriage. Don’t worry if you simply want to be single again or want to be with someone else more than your spouse. Every reason falls into at least acceptable divorce category in New York
– Your spouse abandoned you one year ago or longer
– Your spouse has been incarcerated for at least three years of your marriage
– Your spouse is treating you with cruelty or inhuman behavior
– Your spouse cheated on you
– Your spouse has been living elsewhere for a year or more due to separation
– You are experiencing irreconcilable differences
If you have a reason other than abuse or adultery, you typically cite irreconcilable differences. This is perfectly legal so long as your marriage has been in trouble for six months or longer without any chance of fixing it.
Hire a NYC Divorce Attorney
If you want to get a divorce, hire an experienced NYC divorce attorney can help you get through this process with ease. An experienced divorce attorney can help you figure out how to approach the situation, how to focus on getting what you want, and your attorney can read any divorce decrees with a legal eye. This helps you learn how specific terminology might look beneficial to you but really isn’t. Don’t let yourself end up in a bad place due to your divorce. It’s time to hire an attorney.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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