Queens Divorce Attorney
Divorce Representation for Clients Throughout New York City
Divorce is commonly a challenging process. It can often be turbulent, highly stressful, and painful. At Law Offices of Andreas Vasilatos, we understand that divorce is an emotionally taxing and complex process.
Our team of seasoned divorce attorneys is committed to providing compassionate, personalized legal support tailored to your needs and circumstances. We strive to alleviate your stress by guiding you through every step of the process while we pursue optimum outcomes.
Understanding the nuances of New York divorce law is crucial for anyone navigating this life change. New York's unique legal provisions, such as equitable distribution and spousal maintenance criteria, require a deep understanding of both the law and the emotional complexities involved. Our team is dedicated to educating clients about their rights and responsibilities, empowering them to make informed decisions.
Consult with a Queens, New York divorce lawyer about your needs by calling (855) 773-1166 to make an appointment. You can also submit our online contact form to get started.
Understanding Your Options
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UncontestedAn uncontested divorce is a type of divorce where both spouses agree on all major issues such as property division, child custody, and spousal support. This agreement allows for a smoother, quicker, and less expensive process compared to a contested divorce, where disagreements require court intervention. -
MediationMediation is a voluntary process in which a neutral third party, known as a mediator, helps divorcing spouses negotiate and reach mutually acceptable agreements on various aspects of their divorce. This process encourages cooperation and communication, often leading to more satisfactory and amicable resolutions without the need for a court trial.
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LitigationLitigation in the context of divorce refers to the process of taking legal action and resolving disputes through the court system. When spouses cannot agree on critical issues, a judge will make decisions on their behalf. Litigation may be necessary when parties are unable to reach an agreement through other means. Reach out to Law Offices of Andreas Vasilatos for more information.
Grounds for Divorce in New York
The term “grounds for divorce” means a legal basis exists on which a court can grant a divorce. In years past, most states, including New York, granted divorce only on fault-based grounds, such as cruelty, adultery, or abandonment. The spouse who wanted the divorce needed to prove fault on the other spouse’s part to secure a divorce.
The rationale behind requiring proof of fault for divorce was to prevent spouses from divorcing in situations where the marriage might otherwise be saved. However, in many marriages, divorce is best for all involved without meeting the grounds for fault.
For that reason, New York and other states established “no-fault” grounds for divorce. As of 2010, New York couples can get a divorce based on an “irretrievable breakdown” of the marriage without showing that either spouse is at fault for that breakdown.
All states now permit no-fault divorce, but many, like New York, also maintain fault-based grounds for divorce.
It's also essential to understand how the choice between fault and no-fault divorce can impact various aspects of the proceedings. Fault-based divorces, while sometimes offering strategic benefits in negotiations, can also lead to prolonged litigation and emotional strain. Conversely, opting for a no-fault divorce often facilitates a smoother and less adversarial process, which can be beneficial in maintaining family harmony during difficult times. Our comprehensive understanding of both options allows us to guide you to the path that best suits your unique needs, ensuring that personal and financial well-being are safeguarded.
New York’s Grounds for Divorce Include
- Cruel & Inhuman Treatment. This requires proof that your physical and mental health is in danger if you continue living with your spouse due to their abusive behavior.
- Abandonment. Your spouse has abandoned you for at least a year without the intention to return. Abandonment can mean either that they left the home or forced you to leave the home.
- Imprisonment. Your spouse was incarcerated after the marriage and has been in prison for at least three years in a row. You can file for divorce for up to five years after your spouse’s release from prison.
- Adultery. You can seek a divorce based on your spouse’s adultery so long as you did not encourage the adultery, forgive it afterward, or commit adultery yourself. Someone other than you must testify that the adultery happened.
- Judgment of Separation. You and your spouse have lived separately for a year due to a Judgment of Separation entered by the court and have followed all its stipulated terms. Because similar proof is required for a Judgment of Separation as for a divorce, most people simply divorce unless they have a reason to prefer a legal separation.
- Separation Agreement. You and your spouse have lived separately for a year due to a separation agreement you signed before a notary public. To be valid, New York separation agreements must follow specific rules, so have a lawyer review your agreement before signing it.
- Irretrievable Breakdown of the Marriage. This no-fault divorce requires you to allege that the relationship between you and your spouse has been broken beyond repair for at least six months. This type of divorce cannot be granted until child custody and visitation and economic issues of the marriage have been resolved, either by agreement between you and your spouse or by the court.
In some states, a waiting period applies to get a divorce on no-fault grounds, so it takes longer than a fault-based divorce. New York has no waiting period for a no-fault divorce. However, other reasons may be involved in filing for a fault-based divorce.
Filing for Divorce in New York on Fault-Based or No-Fault Grounds
If you are eligible for divorce on both no-fault and fault-based grounds, the decision of how to file is strategic. Our seasoned New York City divorce attorneys can help you understand your best option based on the law and how it applies to your unique circumstances.
In some states, one party’s fault directly affects specific divorce outcomes, such as property division. For instance, an at-fault spouse may be awarded fewer marital assets. That is not the case in New York.
However, fault on the part of one spouse may indirectly affect the outcome of a divorce. If an unfaithful spouse is proven to have spent marital assets on an affair, their share of marital assets may be reduced. If a spouse is proven to have been abusive, that will typically reflect unfavorably on them if they seek custody of their child.
Filing for divorce on fault grounds can also provide leverage in settlement negotiations. A spouse accused of bad behavior may be more willing to settle to avoid a trial in which their alleged misdeeds become public. Your attorney can help you weigh the relative advantages and disadvantages of a fault-based divorce filing.
It is also crucial to consider how the choice between fault-based and no-fault divorce may impact any children involved. Fault-based proceedings might increase tensions and prolong the legal process, potentially affecting child custody arrangements and the children's emotional well-being. No-fault divorces can often result in a more amicable resolution that prioritizes the best interests of the child. Each family's needs are unique, making it vital to consider these aspects carefully and discuss them with a knowledgeable attorney who can help you in understanding the potential implications.
Separation Periods Before a Divorce
In New York, couples seeking a no-fault divorce must demonstrate that their marriage has broken down irretrievably for at least six months before filing. However, no mandatory separation period is required if you seek a divorce on fault grounds.
For those entering a Separation Agreement as a precursor to divorce, living apart for at least one year following the agreement can also serve as grounds for a no-fault divorce. Our team can help you understand these timelines and requirements for a timely and legally sound filing.
Understanding the concept of a separation period is essential. Many couples find that living separately for a designated period allows them to more clearly evaluate the viability of their marriage. During this time, couples may explore reconciliation or confirm their decision to divorce. This period also provides a practical space to address logistical elements like housing, finances, and parental responsibilities. Our attorneys can guide you through setting up the legal framework for a successful separation that aligns with your goals.
We're Passionate About Winning Hear From Our Happy Clients
At Law Offices of Andreas Vasilatos, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"Couldn't Ask For More"One of the best law offices I’ve used. Andreas truly took the time to listen to my story and made me feel like I was in the best hands. I couldn’t have asked for a better team to represent me. Won my custody case and would highly recommend him.- Megan R.
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"Absolute Professionals"Andreas and his associates are absolute professionals. He helped us navigate our way through a tough time and never once wavered. I highly recommend the Law offices of Andres Vasilatos to anyone in need!- Benjamin J.
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"Perseverance in Being Victorious"Andrew’s deep understanding of the law and attention to details of fact, led to my ex-wife receiving only a fraction of the alimony/maintenance she was entitled to.- John S.
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"Highly Recommend"Meeting with Andreas made all the issues very simple to understand. He made me very calm, clear, and secure. My partner was worried that I took these steps first. Andreas communicated well with her and we were all on the same page easily.- John
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"Went Above and Beyond"Andreas made a very confusing, intimidating process make sense every step of the way. He gave 110% and always took the time to explain and be sure I understood the process.- Anthony
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"You're in Good hands"Andreas was hired to represent our son in a civil suit. First and most importantly... everything turned out great! Andreas was professional, understanding and hard-working. You will be in good hands with Andreas.- Anonymous
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"Great Attorney"Mr. Vasilatos made my divorce proceedings painless and almost enjoyable, lol. He is a great attorney and a nice guy too.- Anonymous
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"Knowledgeable & Approachable"Law Office of Andreas Vasilatos is super professional, knowledgeable, and approachable, providing clear and concise advice tailored to my needs.- Tugba B.
The Divorce Filing Process in Queens
Initiating a divorce in New York involves the following steps:
- Filing the Divorce Petition: One spouse, the plaintiff, files a Summons and Complaint for divorce with the court.
- Serving Divorce Papers: The other spouse, the defendant, is served with the divorce papers.
- Responding to the Petition: The defendant must respond to the summons within a specified period, typically 20 days. If the defendant does not respond within the specified period, the divorce can proceed into default. This may result in the court granting a divorce based on the terms requested by the plaintiff, typically leading to an uncontested divorce process.
- Negotiating Settlement Terms: If the defendant responds, the parties negotiate terms regarding child custody and support, alimony, and division of assets. Mediation or court appearances may be necessary if an agreement cannot be reached.
- Court Review: Once an agreement is reached, or if the divorce is contested, the court reviews and finalizes the terms, issuing a Judgment of Divorce.
The divorce process may appear daunting, but understanding each step can ease the anxiety associated with it. Filing for divorce means undertaking legal and administrative steps that can sometimes feel overwhelming. However, with the right support and guidance, you can navigate these complexities effectively. Beginning with the petition filing, our team ensures that you are fully aware and prepared for each procedural requirement. We prioritize clear communication throughout the process, keeping you informed and confident in every decision.
Strategic Advocacy for New York Divorce Matters
Most divorce matters, even contested ones, settle before a trial becomes necessary. Therefore, many attorneys focusing exclusively on family law and divorce have little trial experience. Our attorneys have extensive experience in family law and litigation, which enables us to negotiate and litigate effectively.
Some divorce attorneys advertise their aggressiveness, but this stance can generate hostility and reduce the likelihood of reaching a favorable settlement. That tactic can lead to more battles, stress, and higher legal fees.
Other attorneys emphasize settlement but lack the courtroom skills to fight for you if settlement efforts fail. We read the room and meet the moment, consistently applying the strategy calculated to do what is best for you.
Our approach to strategic advocacy involves a deep understanding of the law as well as the emotional dynamics involved in divorce. This perspective allows us to craft a personalized legal strategy that aligns with your long-term goals and transitions. Our team employs diverse approaches, including negotiation, mediation, and litigation, to ensure that your interests are robustly represented. We are dedicated to pursuing solutions that foster harmony, respect your financial interests, and protect family relationships during this transitional time.
Frequently Asked Questions About Divorce in Queens
What Should I Consider Before Hiring a Divorce Lawyer in Queens?
Before initiating a divorce, it's critical to consider several factors that may impact the process. Financial readiness is essential, as divorce can alter your financial landscape. Assess your financial situation, including income, expenses, and assets, to prepare for the potential changes. Consider any prenuptial agreements or properties held together or individually.
Additionally, it's vital to contemplate the emotional well-being of all family members involved. The dissolution of a marriage affects not only the couple but also children and extended family. Seeking counseling or mediation might be beneficial in preparing emotionally for the changes ahead.
How Is Child Custody Determined During a Divorce in Queens?
In Queens, child custody is determined by evaluating the best interests of the child. This involves assessing various elements, such as each parent's ability to provide for the emotional, educational, and physical needs of the child. The court may take into account each parent's living situation, the child's existing relationship with each parent, and any history of abuse or neglect.
Additionally, the child's preferences may be considered if they are of an appropriate age and maturity level. The primary goal is to establish a stable and supportive environment conducive to the child's development. Legal advice can help you understand how these factors might apply to your circumstances and guide you through this sensitive area of family law.
What Are the Advantages of a No-Fault Divorce in Queens?
Choosing a no-fault divorce in Queens offers several advantages that can simplify the divorce process. By not attributing blame to either party, no-fault divorce often reduces animosity, fostering a more cooperative environment. This can be particularly beneficial for maintaining amicable co-parenting relationships post-divorce.
Furthermore, no-fault divorces generally proceed more quickly since they eliminate the need to prove fault, potentially reducing legal fees and court time. This streamlined process can alleviate some of the stress associated with divorce, helping both parties move forward more efficiently.
How Can Mediation Benefit My Divorce Proceedings in Queens?
Mediation offers a way for divorcing couples to resolve their differences with less conflict and more collaboration. Through mediation, both parties work with a neutral third-party mediator to negotiate terms and reach mutual agreements tailored to their unique circumstances.
This approach often promotes healthier communication and can expedite the divorce process by avoiding lengthy court battles. Moreover, mediation can be less adversarial, helping to preserve relationships and ensuring that both parties have a say in the final decisions, which often leads to more sustainable outcomes.
What Financial Considerations Should I Discuss with a Divorce Attorney in Queens?
Divorce can have significant financial implications that require careful planning and consideration. Key aspects to address include the division of marital assets and liabilities. Understanding the value of shared properties, savings, investments, and debts will help set realistic expectations.
Additionally, consider future financial commitments like alimony or child support, which can impact your financial stability. Consulting with a divorce attorney can provide clarity on how the law deals with these issues and assist in negotiating fair and equitable arrangements. This proactive approach can protect your interests and help secure a post-divorce financial future.
Request a confidential consultation with a Queens family divorce lawyer by contacting us at (855) 773-1166.
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Compassionate AdvocacyWe provide empathetic support throughout your family law journey, ensuring you feel understood and supported.
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Tailored Legal StrategiesWe craft personalized legal approaches that align with your unique needs and goals, maximizing outcomes through negotiation or litigation.
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Extensive Experience and ExpertiseSpecializing solely in family law, our attorneys offer deep expertise and up-to-date knowledge, delivering meticulous preparation and dedicated advocacy.
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Client-Centered ApproachWe prioritize personalized service and accessibility, ensuring you're informed and confident in our strategic representation.