Going through a divorce is a difficult transition for a family. Our attorneys believe in approaching divorce with dignity and respect while working toward a fair agreement throughout all stages of the divorce process.
Whether you have recently been served with divorce papers or are thinking about moving to divorce yourself, a divorce lawyer in Westchester can help to streamline the process and attain a suitable end result for you. Contact an experienced attorney today to schedule a consultation.
Understanding Divorce Procedure
To legally terminate a marriage in New York and Connecticut, a married couple must get a divorce. Most of the time, one spouse initially files for divorce, but both spouses can also file jointly if they wish. Either way, spouses cannot enter a valid divorce agreement without court involvement. This is why it is crucial that you hire a New York and Connecticut divorce lawyer who has plenty of experience with the legal process.
Divorce cases must be brought before the Supreme Court of the State of New York. Although other family law matters such as child custody may be decided in Family Court, divorce matters are not handled there.
Furthermore, a New York Supreme Court judge must sign off on every New York divorce agreement. This procedure provides spouses with a safeguard to help make sure that the terms of the divorce are fair and agreeable to both parties.
Getting an unbiased evaluation of your case from a knowledgeable divorce attorney can help make sure you are approaching your divorce with the right mindset and strategy for the best possible outcome.
Grounds for Filing Divorce
Before filing for divorce, certain legal requirements must be met. Almost all divorces in New York are no-fault these days but New York Domestic Relations Law §170 also permits fault grounds. These legal grounds for divorce in Westchester are:
Cruel and inhuman treatment
Abandonment
Imprisonment for at least three consecutive years
Adultery
Living apart pursuant to a separation judgment or decree
Living apart pursuant to a written separation agreement
In addition, spouses must meet a residency requirement, which may be legally satisfied in many ways. Generally, one spouse must live in the state for a minimum of one year in order for the couple to be eligible to file for divorce.
Divorce vs. Annulment
In extremely limited circumstances, an annulment may be appropriate. In an annulment proceeding, the court establishes that a marriage never actually took place. This action differs from a divorce because, in a divorce, the parties were in fact legally married. Potential grounds for an annulment in New York and Connecticut include:
Bigamy
Impotence
Lack of mental capacity
Duress
Fraud
Alternative Dispute Resolution
Many couples turn to means of alternative dispute resolution as a way to more amicably settle a divorce. Mediation is a powerful tool that can often result in a faster and less stressful process than litigation, which can translate into a less costly divorce process. Collaborative Divorce is another option for couples.
Work with a New York and Connecticut Divorce Attorney
Divorce matters are rarely straightforward and simple to resolve. Issues such as asset division and child custody can complicate and prolong divorce proceedings. Getting an unbiased evaluation of your case from a knowledgeable divorce attorney can help make sure you are approaching your divorce with the right mindset and strategy for the best possible outcome.
Even in cases where a spouse believes their divorce will be uncontested or uncomplicated, issues can unexpectedly surface to bring tension to the situation. In these scenarios, having an attorney who is up to speed and ready to assist can be invaluable.
If you are thinking about filing for divorce or need legal assistance with an existing divorce matter in New York and Connecticut, a divorce lawyer with our firm would be happy to schedule a consultation with you. Call today to get started on your case.
When you first meet with Miller Law Group, you have the opportunity to address specific questions about your case and outline your goals. Based on your information, one of our lawyers will create a customized strategy for you to succeed.
There is no commitment to proceed with your case when you first meet with our team. We are here to offer as much information as possible so that you can make the right decision. We’ve provided a checklist to ensure that you get the most out of your conversation.
During your consultation, we will listen closely to your situation, needs, and desires to get a better understanding of your case. We will also provide any relevant information that may help you proceed with making a more informed decision moving forward.
After your consultation, it’s your choice if and when you want to begin the divorce process. If you decide to move forward with Miller Law Group, our lawyers will be with you every step along the way and with your best interests always in mind.
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Frequently Asked Questions
Are lawyers necessary for divorce?
Lawyers are often necessary for divorce to ensure that your rights are protected and to navigate complex legal processes. Their expertise can help achieve a fair settlement and facilitate communication between parties, making the process smoother.
Can you file for divorce in NY without a lawyer?
You can file for divorce in NY without a lawyer, but it is highly recommended to seek legal assistance. Navigating the legal process can be complex, and an attorney can help ensure your rights are protected.
Are consultations with divorce lawyers free?
Consultations with divorce lawyers may not always be free. At Miller Law Group, we offer an initial consultation to discuss your case and explore your options, ensuring you receive the guidance you need during this challenging time.
Can you get a divorce without a lawyer in New York?
You can get a divorce without a lawyer in New York. However, it's advisable to seek legal guidance to ensure you understand the complexities of the process and protect your rights effectively.
Can you divorce without a lawyer or mediator New York?
You can divorce without a lawyer or mediator in New York. However, it is advisable to seek legal guidance to ensure that your rights are protected and the process is handled correctly.
What do divorce lawyers offer during consultations?
Divorce lawyers offer valuable insights during consultations, including an assessment of your case, information on legal rights and options, guidance on the divorce process, and strategies for achieving a fair resolution.
How to choose a divorce lawyer in NY?
Choosing a divorce lawyer in NY involves evaluating their experience in family law, understanding their approach to conflict resolution, and ensuring they align with your values. Schedule consultations to assess compatibility and expertise before making a decision.
What documents are needed for divorce filing?
The documents needed for divorce filing include a petition for divorce, financial affidavits, and any relevant marriage certificates or separation agreements. Additional documents may be required based on specific circumstances.
Are there alternatives to hiring a divorce lawyer?
Alternatives to hiring a divorce lawyer include self-representation, mediation, and collaborative divorce processes. These options can help you navigate divorce with less formality and potentially lower costs, but they may require a strong understanding of legal procedures.
How long does a divorce take in New York?
The duration of a divorce in New York can vary significantly based on factors such as whether the divorce is contested or uncontested, but it generally takes anywhere from a few months to over a year to finalize.
What is the cost of hiring a divorce lawyer?
The cost of hiring a divorce lawyer varies based on factors such as location, complexity of the case, and the lawyer's experience. Typically, fees can range from $150 to $500 per hour, with total costs depending on the duration and specifics of the divorce process.
Can mediation replace a divorce lawyers services?
Mediation can complement divorce lawyers' services but does not fully replace them. While mediation facilitates communication and negotiation between parties, legal representation is crucial for navigating complex legal issues and ensuring your rights are protected.
What are the grounds for divorce in New York?
The grounds for divorce in New York include irretrievable breakdown of the marriage for at least six months, adultery, abandonment, imprisonment, and cruel and inhuman treatment. Each ground has specific legal implications that can affect the divorce process.
When should I hire a divorce attorney?
The appropriate time to hire a divorce attorney is when you are considering or facing divorce proceedings, especially if there are complex issues such as child custody, asset division, or disputes.
How does a lawyer help in divorce proceedings?
A lawyer helps in divorce proceedings by providing legal guidance, representing clients in negotiations, and ensuring their rights are protected throughout the process. They navigate complex legal issues, advocate for fair settlements, and facilitate effective communication between parties.
What are the steps to file for divorce?
The steps to file for divorce include preparing necessary documents, filing a petition with the court, serving your spouse, and attending any required hearings. It's advisable to consult with an attorney to navigate this process effectively.
Is legal advice necessary for divorce cases?
Legal advice is crucial in divorce cases to ensure that your rights are protected and to navigate the complexities of the legal process effectively. An experienced attorney can provide guidance on important decisions and help achieve a fair outcome.
What is the process for filing without a lawyer?
The process for filing without a lawyer involves completing the necessary court forms, filing them with the appropriate court, and paying any required fees. It's essential to follow local guidelines and procedures to ensure your filing is valid.
Can I represent myself in a divorce case?
You can represent yourself in a divorce case, but it is often advisable to seek legal assistance. Navigating divorce laws can be complex, and an attorney can help ensure your rights are protected and the process runs smoothly.
Are there payment plans for divorce services?
Payment plans for divorce services are available at Miller Law Group. We understand the financial challenges that can arise during this process and strive to offer flexible options to ensure you receive the legal support you need.
What issues can a divorce lawyer assist with?
Divorce lawyers can assist with various issues, including child custody arrangements, property division, alimony, and navigating the legal procedures of filing for divorce, ensuring a respectful and smooth process for their clients.
How can a lawyer protect my rights in divorce?
A lawyer can protect your rights in divorce by ensuring that your interests are represented during negotiations, advocating for fair asset division, and providing legal guidance to navigate complex issues such as child custody and support.
Are initial consultations with divorce lawyers typically free?
Initial consultations with divorce lawyers are often free. Many firms, including Miller Law Group, offer complimentary meetings to discuss your case and outline potential legal strategies, ensuring you feel informed before making any commitments.
What if my spouse has a lawyer for divorce?
If your spouse has a lawyer for divorce, it's important to seek legal representation yourself. Having an attorney ensures your rights are protected and helps you navigate the complexities of the divorce process effectively.
How do I know if I need a lawyer?
Knowing if you need a lawyer involves assessing the complexity of your situation. If you're facing a contested divorce, have significant assets, or need legal guidance on custody issues, consulting a lawyer is advisable to protect your rights.
What questions should I ask during a consultation?
During a consultation, it's important to ask about the attorney's experience with divorce cases, their approach to handling your specific situation, potential timelines, and fee structures. Additionally, inquire about communication preferences and how they will support you throughout the process.
What is the role of a divorce attorney?
The role of a divorce attorney is to provide legal guidance and representation throughout the divorce process, ensuring clients understand their rights, navigate complex legal procedures, and achieve fair outcomes in matters such as asset division, custody, and support.
Can I change my lawyer during divorce proceedings?
You can change your lawyer during divorce proceedings if you feel your current representation is not meeting your needs. However, it's important to consider the potential impact on your case and ensure a smooth transition to a new attorney.
Do divorce lawyers provide emotional support?
Divorce lawyers provide emotional support to some extent, primarily by offering guidance and understanding during the legal process. However, their main role is to navigate the legal aspects of divorce, so seeking additional emotional support from therapists or counselors is often beneficial.
What are the risks of self-representation in divorce?
The risks of self-representation in divorce include potential legal pitfalls, such as missing crucial deadlines, misunderstanding complex laws, and failing to adequately protect your rights and interests, which can lead to unfavorable outcomes.
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