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Ending a marriage is a stressful process. It’s one of the worst things possible. Regardless of whether you’re the one initiating the divorce, or are at the receiving end of the divorce – it’s going to bring up a wide array of emotions to the surface. Often, our clients feel a wide array of emotions, ranging from shame, anger, anxiety, apprehension, to grief and guilt. This important change in your life, can totally change your relationship with those around you, and impair your judgement. Once you hire our New York Divorce Lawyers, we immediately move forward on your behalf, and advocate to protect your best interests.
At Spodek Law Group – our one, and only, job is to help you understand your options, and get you the best resolution possible. Our team of divorce attorneys, and support staff, speak to each and every one our clients. You work directly with a competent divorce attorney, in NYC, who can help you through this difficult process.
|•||We will not let a spouse use the legal system to inflict pain on you, or to force you to incur unnecessary legal expenses.|
|•||We will not let a spouse dictate when, where and how you see your child.|
|•||We will not let a spouse dictate when, where, and how they will pay child support or spousal support.|
|•||Our divorce attorneys will fight so that you have exclusive use and possession of the marital home, and the belongings so that you can keep stability for your child.|
|•||We will fight so that you obtain a temporary restraining order prohibiting your spouse from contacting your at your home, your place of business, or anyplace you go.|
|•||We will fight so that you obtain a temporary restraining order prohibiting your spouse from harassing, abusing or threatening you.|
|•||We will make sure you understand the tax ramifications of any spousal support payments, and any property division.|
|•||We will be prepared to litigate when your uncontested divorce turns contested.|
|•||We stay up to date on developments in the Family Court Act (“FCA”), the Domestic Relations Law (“DRL”), the Civil Procedures Law & Rules (“CPLR”), the Uniform Civil Rules For The Supreme Court And The County Court, as well as the individual Part Rules for each Supreme Court Judge in New York County, Richmond County, Queens County, Bronx County and Kings County.|
|•||We will prepare you for your examination before trial, so that you are comfortable and at ease appearing before an NYC divorce lawyer representing your spouse.|
|•||We will prepare you for trial, and anticipate the avenues of cross-examination by your spouse’s divorce lawyers.|
|•||We will anticipate and address the issues in your divorce so that your divorce documents are submitted fast, error-free, and ready for approval for the first time.|
Divorce can be an extremely difficult time in a person’s life. It presents a number of challenges and concerns. Nobody ever said that going through a divorce would be easy, and some of the most amicable separations have the potential to quickly turn messy and bitter. Filing for a divorce often requires extra care due to the emotional aspect of it. Spoked Law Group is an accomplished New York Law Firm that offers expertise in divorce matters, and it is our goal to make the divorce process is as simple as possible.
When you are confronted with the difficult tasks of dividing marital assets, business assets, and negotiating child custody arrangements, it is beneficial to seek a New York Divorce Lawyer who has years of experience and credibility in handling divorce cases in the state of New York. Our divorce lawyers are skilled at aggressively negotiating acceptable divorce arrangements, child custody agreements, division of marital property, and bringing divorce cases to trial if the circumstances are warranted.
Spodek Law Group can help you in overcoming a difficult divorce with a strong emphasis placed on compassionate, comprehensive, and cutting edge legal representation. Our family law division provides services throughout various areas in New York including but not limited to Manhattan, Brooklyn, Staten Island, Bronx and many other surrounding counties. With a combination of more than 60 years of experience in handling divorce cases in New York, our firm has helped hundreds of individuals through very difficult divorces.
Skilled & Knowledgeable New York Divorce Lawyers
Spodek Law Group consist of a team of highly qualified Divorce Lawyers. For your convenience, we have offices located in New York, Brooklyn, and Long Island. Our divorce lawyers specialize in divorce and family law with an expertise in negotiation, collaborative law, trial advocacy, prenuptial and postnuptial agreements, mediation, spousal maintenance, child custody, modifications, enforcement, and property division.
How We Can Help
Regardless of the legalities of your case, Spodek Law Group can help you with the following:
With a contested divorce, one or both parties will disagree with the divorce or some aspect of the divorce proceeding. If you are faced with the possibility of dealing with a contested divorce, it is important to make sure that your rights are protected.
If neither party is contesting the divorce, an uncontested divorce will probably work for you. In many uncontested divorces, a settlement agreement is an ideal option. Even if your divorce is uncontested, it is still important to have legal representation to protect your rights and ensure fairness while moving through the legal process.
We guarantee reliable information in addition to dedicated advocacy regarding the following:
Child Custody Arrangements – For parents who are divorcing or unmarried, we will work hard to establish a parenting plan that is in the best interest of your child while protecting your parental rights.
Child Support – We are dedicated to ensuring that our clients receive or pay child support in an amount that is fair and will ensure the financial stability of the children.
Alimony/Spousal Support – Our firm handles all areas of debt and property division, alimony payments, and many other financial matters relating to a divorce.
Post-Divorce Modifications – Our Divorce Lawyers are very knowledgeable in handling post-divorce modifications for time-sharing, alimony, custody, support, or any other court order that needs to be modified due to changes in circumstances.
Relocation of Minor Children – We will work with the custodial or noncustodial parent, who is concerned about the minor child’s proximity and having access to the child.
The primary purpose of our divorce lawyers is to help families and individuals through the divorce process. We also understand the importance of protecting children during a divorce. We guarantee the quality of our representation when handling your case. Regardless of the complexity of your specific case, our firm can help you. Whether your case consists of a simple uncontested divorce or a high net worth divorce, we will provide legal representation specific to your needs.
Our firm also has experience in handling same-sex divorces in addition to same-sex prenuptial agreements. In 2011, New York legalized gay marriages. The Marriage Equality Act was then passed by the state Senate. This has allowed many same-sex marriages to exist, and it has also expanded the area of family law.
We are committed to establishing lifelong relationships with our clients and minimizing the stress as it relates to the divorce. If our clients have any concerns regarding our representation approach, we will address those concerns immediately. If you are faced with the possibility of divorce or any other family matter that will require legal assistance, the law firm that you hire can have a tremendous impact on your future. We offer free consultations in person, video chat, or by phone. We encourage you to contact our office today at 212-300-5196.
New York Grounds for Divorce
If you are considering divorcing your spouse or your spouse has already filed for divorce, this should help you to understand what the grounds are for seeking a divorce in New York City (and New York state).
1. Irretrievable Breakdown: This is the newest ground for divorce in the New York law, and the most lax in what you or your spouse would need to prove to receive a divorce. If you or your spouse claim “irretrievable breakdown” in the marriage, that is a statement that claims the relationship between you and your spouse has broken down in a way that it cannot be repaired and it has been in this state for at least six months.
Along with this six-month requirement, there are other restrictions on this ground for divorce. As it is new, any claims for divorce filed before October 12, 2010, do not qualify to use “irretrievable breakdown” as part of their claim. For those filing on or after October 12, 2010, you should be aware that this divorce cannot be granted for this reason until after issues regarding spousal support and property, as well as custody, visitation and child support have been settled between you and your spouse or decided by the court.
2. Abandonment: This reason for divorce seems largely self-explanatory. If your spouse has left you or kicked you out of your marital home with no intention or returning or allowing you to return, you could obtain a divorce on this ground. You must be apart for at least a year.
New York law also allows for a less intuitive form of abandonment. Though not in the divorce statute, the courts in the state have found that a spouse may be abandoned, even while still sharing a home with their husband or wife. Your spouse may “constructively abandon” you by refusing to have sexual relations for a year prior to filing for the claim.
3. Cruel and inhuman treatment is behavior by a spouse that would place their husband or wife’s health–either physical or mental–in danger if the couple continued to live together. This treatment must be relatively recent, however. If your spouse has not been abusive in more than five years, you will not be able to use this ground for divorce.
4. Adultery: Unsurprisingly, if your spouse has an extra-marital affair, you can file for divorce on this ground. Like cruel and inhuman treatment, your discovery of the affair must have happened within the last five years, though the affair itself could have happened at any time. You must also have a witness who can testify to prove your spouse’s adultery to the court, as New York law will not allow you to testify to prove your spouse’s adultery.
If you claim adultery as a ground for divorce, the court will also look at your actions. The court will not permit a divorce on the ground of adultery if you encouraged your spouse or committed adultery yourself. Also, if you forgave your spouse and had sexual relations with them again after you learned of their affair, you will also be prevented from seeking a divorce on this ground.
5. Imprisonment: The courts will allow you to seek a divorce if your spouse is incarcerated for three or more years. You may even divorce your spouse after he or she is released, as long as the release happened within the last five years.
6. Judgment or Decree of Separation: The court may issue a Judgment of Separation or Decree of Separation. These judgments will have a number of conditions that you and your spouse must obey for at least one year. For instance, you will likely be ordered not to live together. Obtaining a Judgment of Separation or Decree of Separation is rare for most divorces, since it requires proof similar to a divorce. Many couples seeking to divorce generally choose to divorce, instead.
7. Separation Agreement: This is one of the most common grounds for divorce. Rather than seeking the court’s decision on the separation, you and your spouse may have an “Agreement of Separation.” This agreement should be written and you and your spouse will have to separate, not live together, for at least a year. for the agreement to be valid, it should be signed by both you and your spouse and notarized. Like the Judgment of Separation, you should obey all the conditions in the agreement.
If you are considering a divorce from your spouse, if your spouse has already filed for divorce, or seeking a separation agreement or judgment, Spodek Law Group can help you at every step along the way.