Answers To Your Divorce Questions
Going through a divorce often leads to more questions than answers. At Goldschmidt & Genovese, LLP, we can change that for you .We have extensive experience resolving divorce and family law matters for men and women in Westchester County and surrounding areas of New York. Read on for answers to some of the questions we are asked most often by our clients.
How long will my divorce take?
There are many factors at play but, in general, an uncontested divorce will take less time than a contested divorce that is litigated in court. When major issues like child custody and the division of property are agreed upon quickly, a divorce can be completed with little involvement from outside parties such as judges. A divorce where every detail is litigated will be subject to the timelines of the court system, scheduling conflicts and other factors that drag the process out. This is one of the primary benefits of resolving divorce issues via mediation or collaborative law, along with an amicable process sparing the emotions of participants and children.
What are the requirements to get a divorce in New York?
Grounds for divorce in New York include:
- Irretrievable breakdown of the relationship of at least six months
- Cruel and inhumane treatment
- Living separate and apart pursuant to a separation judgment or decree
- Living separate and apart pursuant to a separation agreement
Do I need a lawyer for my divorce?
Yes. Let us be clear: You are not legally required to have an attorney, but we do think you need one. It is in your best interest to have someone looking out for your parental rights, your financial interests and your legal rights as you go through your divorce. The outcome has the potential to affect every aspect of your life. You have too much at stake to attempt handling your own divorce. An attorney will know exactly what to look for and how to best achieve your goals.
How are assets divided in a divorce?
Divorce in New York requires the equitable division of marital property. That includes ALL property that was purchased by either spouse during the marriage. Such property will be divided equitably. That does not necessarily mean it will be a 50/50 split, as “equitable” will be defined by the court based on the unique circumstances of the divorce.
Separate property, owned by a spouse prior to the marriage, is not subject to equitable division. This includes inheritance, gifts or legal settlements from someone other than the spouse that were acquired during the marriage as well.
Get Answers From Proven Divorced Lawyers
We look forward to getting to helping you achieve your goals so you can embrace your future. Call 800-406-2275 or contact us online to schedule an appointment. For client convenience, we also offer off-site appointments outside of Westchester County as necessary.