Brooklyn Divorce Attorneys

Brooklyn Divorce Lawyers

Few areas of law create more distress, pain, and agony, as divorce and family law. That doesn’t mean though, that you need to do this alone. Brooklyn divorce lawyers at the Spodek Law Group are here to help you through this rough patch in your life.

The possibility of divorce is a fact of life for many couples in Brooklyn. If your marriage can no longer peacefully exist, it may make sense to file for divorce.

This begins by speaking to our Brooklyn divorce attorneys, for a risk free consultation. It begins by filing a divorce petition in Brooklyn divorce court. It ends with a divorce judge, granting a divorce decree. What happens between the petition and the decree is where the hard work goes into play – and why you need a competent divorce attorney.

What the divorce process means

NY state outlines the process and requirements in order to get a divorce. It’s a very formal process. There are two types of divorces: contested divorces and uncontested divorces. Each has different requirements.

Divorce is an option, as long as at least one spouse wants to obtain the divorce. The terms of the divorce can include how property is divided, if any spousal support is to be paid from one spouse to the other.

Contested divorces are possible if either spouse disagrees with the divorce, or disagrees with the terms and conditions of the divorce. For example, if you disagree with how property is being divided, and are unable to come to an agreement – it could result in a contested divorce.

In Dom 170 the state outlines the four reasons a divorce can be obtained, such as:

• Adultery: when one spouse cheats on their spouse
• Cruelty: when a spouse is subjected to mental or physical cruelty
• Leaving the marriage: abandonment of a spouse is a reason to get a divorce, it can be physical or sexual
• Separation: a couple who is living apart and has a separation agreement for a period of at least one year can file for divorce

Once the petition is filed, the divorce being sued for divorce will required to provide an answer to the divorce request. At this time, hiring your own private Brooklyn divorce lawyer is critical.

Once an answer is submitted to the court, the divorce case is placed on the court docket for trial. The trial itself is only required if a couple is unable to resolve the terms of the divorce, and need a judge to do it for them.

Uncontested divorces don’t require allegations of wrongdoing on the part of the spouse. Both spouses can agree to end the marriage, and agree on the terms of the divorce. Typically, uncontested divorces are easier to resolve. In an uncontested divorce, there’s no requirement of an alleged wrongdoing. Both spouses are agreeing to end their marriage, and agree on terms of the divorce. This type of divorce is typically much easier to resolve.

Residency Requirements for Brooklyn Divorces

New York state requires couples that are divorcing be residents of the state for a period of time before filing for divorce. The exact time will depend on your circumstances. Residency requirements usually vary from 1-2 years.

Bottom line, divorce isn’t easy. It may feel like the hardest thing to do in your life. With the help of a strong Brooklyn divorce lawyer, and support from your family and friends, you can get through a divorce seamlessly.

Differences between Contested and Uncontested Divorces

For everyone involved in divorce proceedings, there are big differences between contested and uncontested divorces. Contested divorce are one where the spouse doesn’t want to get divorced, and disagreed about the grounds for the divorce, in addition to issues such as custody, finances, and other issues. In an uncontested divorce, it’s possible for the divorce to be handled by yourself and your spouse – using the court’s uncontested divorce program.

In some divorce cases, one person will choose to hire an attorney while the other spouse decides to go it alone. It’s likely that the spouse who has an attorney will do better at the end of the case. Because of important issues like child custody, and spousal support, it’s critical you hire your own divorce lawyer to help .By hiring an experienced Brooklyn divorce attorney, you have a higher chance of getting a better divorce settlement agreement.

Brooklyn Divorce Attorney FAQ

Should I file for custody before I file for divorce?

Sometimes divorces can be simple. It can be a simple process which lets both parties walk away from the relationship. In other instances, this isn’t clear cut. Child custody issues during a divorce procedure can be complicated, and require immense negotiation. Even before the divorce begins, each parent should think about their desired outcome when it comes to the future family arrangement. One of the most common questions that many parents have is about custody. In general, there are three types of custody: sole custody, primary custody, and joint custody.

• Sole custody means only one party has custody of the child
• Primary custody means one spouse takes the primary role
• Joint custody means both spouses share all decisions

It’s traditional to work out the custody arrangements during the divorce proceedings rather than before the divorce begins. If you have a concern about your spouse, and about child and spousal abuse, it might mean you have to go court and speak to a judge. The judge might issue a temporary custody order which gives one spouse full rights as the divorce proceeds.

Filing for custody before the divorce begins can have many drawbacks.

What’s an uncontested divorce?

While divorce proceedings can have a number of potential challenges to be discussed, they don’t have to be confrontational. Sometimes, parties can amicably agree and find compromise on how to handle these issues. Uncontested divorces happen when there are no major disagreements on issues, such as child custody agreements, spousal support, etc. Uncontested divorces aren’t necessarily easy, but can be – if both spouses are on the same page, and have Brooklyn divorce lawyers who are trying to help them. It’s easier to have an uncontested divorce if there are no children, no assets, and no spousal support to discuss. If asset division becomes a question, then an uncontested divorce will not be so simple.

If a divorce becomes contested, you may need a Brooklyn divorce attorney to help you. This attorney can provide expertise on topics such as division of marital property, spousal maintenance, orders of protection, and more. It’s better if you can avoid going to court during the divorce. It’s recommended that you consider collaborative divorces, or divorce mediation, in order to make the divorce process the least stressful for yourself, and your family.

Can we get separated instead of filing for divorce?

There are a number of advantages to getting a legal separation instead of a divorce. Our Brooklyn divorce attorneys can advise you on where it might be more beneficial to remain separated, instead of divorced. Legal separation is a tactic best deployed when you’re in a marriage, and have decided you need to separate for your own peace of mind.

Differences between legal separation and divorce

There are many differences. Divorcing your spouse isn’t a decision to be taken lightly. Legal separation is something you can pursue when you no longer wish to live together, but have hope that the marriage can be saved in the long term. Legal separation is something that doesn’t need to be granted in court. It’s a legal binding contract our Brooklyn divorce attorneys can prepare for you in order to implement it. Spouses that sign a separation agreement can agree to live separate from each other, determine how expenses are to be paid, which parent the child will live with, visitation rights, and more. Unlike divorce, legal separation doesn’t dissolve the marriage. Legally separated partners cannot remarry until they terminate their original marriage.

It’s not uncommon for married couples to go through a rough patch which seems impossible to fix. In this case, it might be good to hire a Brooklyn legal separation attorney.

What’s a Brooklyn divorce going to cost me?

It’s hard to estimate how much a divorce lawyer in Brooklyn will charge you. Divorces range from a few thousand dollars, to over one hundred thousand dollars. It really depends. Each case is different, and has its own peculiarities. If your spouse is extremely contentious then it’s extremely likely to drag on. While you have no obligation to hire an attorney, you don’t want to go forward without an experienced Brooklyn divorce attorney on your side. Unless you’re extremely smart, and know the law, it’s difficult to handle the divorce entirely on your own. When you have an experienced divorce attorney on your side, it helps and pays off because the divorce lawyer will protect your rights and make sure you’re not being taken advantage of by your spouse.

Can I get an annulment in Brooklyn?

New York allows you to get a marriage annulled if:

• the former spouse of one of the spouses is alive, and the marriage was never nullified
• one, or both, parties in the marriage were not of legal consent age
• one of the parties was mentally retarded, or mentally ill
• one of the parties was physically incapable of agreeing to a marriage
• consent to the marriage was due to force, duress, or fraud

You should speak to an attorney on any of the issues above if you’re looking for annulment.

Where can I file for a divorce in Brooklyn?

This depends on the grounds you’re basing the divorce action on. For example, if you’re basing the divorce on abandonment, you have to show that the spouse abandoned for you 1+ years. If you are relying on the imprisonment ground for a divorce, you have to show that your spouse was imprisoned for the last 3 years or more. When it comes to getting a divorce after being separated, you have to wait at least one year from the date of the decree/judgement, or the date of the written separation agreement, before you file for divorce.

When it comes to no-fault laws, one party has to swear under oath that the marriage has been broken for at least 6 months.

When is my case going to finish?

There’s no way to answer this question. Any divorce attorney Brooklyn who answers this is lying. It is important to set realistic expectations. Brooklyn divorces can take forever, if the other spouse decides to drag it out. Divorce deals with human emotions. Cases can take a long time to resolve. In some cases, you have to go to court. Because divorce is specific, it’s possible that both parties can reach a resolution of matters without ever going to court.

At what point during the divorce process can a spouse decide to remarry, or date?

If the ground for the divorce is anything besides no-fault, then the spouse that doesn’t want the divorce has to make every single effort possible in order to prevent the other spouse from from proving the grounds for divorce have actual merit to them. If the spouse is successful in preventing the divorce, the court will not grant it.

Best Brooklyn Divorce Attorneys Near You

When you arrive at our law offices, you are spoken to like a member of our family. We understand your situation and give you the attention and advice you need. Because New York is a no-fault divorce state, it means your Brooklyn divorce should be reasonably easy assuming both you and your spouse are willing to work together on ending this marriage. The length of time to finalize an uncontested divorce is based on two factors, how busy the court is, and how fast your spouse is when it comes to the uncontested divorce. Some can take a few weeks, others can take 6 months or more. NY doesn’t have a waiting period – if both parties agree to the divorce, it can take as little as 3 months.

Often, spouses worry about which spouse will move out of the home once the divorce process starts. It’s not uncommon for one party to find other accommodations and leave the house. When both spouses insist rights to the primary residence is when the situation gets stressful. In order to compel your spouse to leave, there’s a high standard of proof which is difficult, but not impossible to prove. At your initial consultation with our Brooklyn divorce attorneys we can discuss this with you. In addition, we can discuss with you the likelihood of you receiving enough interim financial support from your spouse if he/she is the primary breadwinner. Before you take any steps speak to a qualified Brooklyn divorce attorney.

Who gets what in a Brooklyn Divorce?

Equitable distribution is a term used to divide up marital assets between divorcing couples. Equitable means fair. The entitlement of each spouse to distribution of property, depends upon complex factors which the court will take under consideration. Below are some factors:

• duration of marriage
• conduct of each spouse during the marriage
• health and age of each spouse
• spouses occupation
• financial income and sources of the income
• employability of each spouse
• estate
• liabilities
• needs of spouses
• opportunity of each spouse to generate income

Every single divorce is different. The judge will weigh factors differently, depending on the circumstances. If there are children involved, then child support will be taken into account and awarded to the judge.

There are alternatives to divorce, our Brooklyn divorce attorneys can help

When a married couple decide they no longer want to be together – they can file for a legal separation. This is made with the help of an attorney, and filed with the court. When a year has passed from the time of the separation agreement, the couple can file for a divorce. The separation agreement doesn’t mean you’re divorced. It simply means you’re not together, in a marital sense. It’s something our Brooklyn divorce attorneys can help you with. If you, and your spouse, decide to get back together, then the separation agreement becomes null and void. It means the couple will need to refile the separation agreement again if they decide to separate again in the future, or file for divorce. When the legal separation time frame is over, the couple is still legally married. During the legal separation, you’re still legally married. This is one of the differences between a separation and divorce. Couples in Brooklyn can enter into a separation agreement, which details a lot of things such as:

• child support
• child visitation
• and more

If you and your spouse decide to work on the marriage, at some point, then the decisions set forth in the separation agreement can be invalidated, unless the separation agreement is renewed. The separation agreement means that the couple no longer live in the same house. Most separation agreements are mutual, even if one person wants the separation agreement more than the other person. You and your spouse can date other people, but no marriage can take place until the divorce is finalized.

If either party is forced into the agreement, then it might not be upheld in court. If both parties agree to the agreement, and don’t follow through on the decisions that are made –  the agreement can be voided by the courts. Bottom line, you don’t want to do this alone – without the help of a Brooklyn divorce attorney helping you.