Rockland County Divorce Lawyer

If you think that divorce is on the horizon of your marriage, it can help to speak with a Rockland County, NY divorce lawyer to learn more about what to do next. You may have this little voice telling you that something isn’t right about your marriage. Maybe you don’t know if you should file for divorce first or if that’s something your partner is considering doing themselves. The best way to find out where your marriage is headed is by talking about it. Open communication can change the pathway of a relationship simply by bringing undiscussed issues to light and working on them. However, if you are past that point and think divorce is right for you, then the team at Kantrowitz, Goldhamer & Graifman, P.C. can be of assistance. Here are a few signs that could mean your spouse may be thinking about a divorce too.

Navigating the complexities of divorce can be emotionally taxing and legally challenging. At the Law Offices of Kantrowitz, Goldhamer & Graifman, P.C., we understand the intricacies of matrimonial law and are committed to guiding you through every step of the process. If you’re in Rockland County and need expert legal counsel, don’t face this journey alone. Reach out to us today and let our experienced divorce lawyers advocate for your rights and best interests.

Divorce Lawyer Rockland County, NY

Unusual Financial Transactions

Has your spouse suddenly become unwilling to share information about their finances, when usually you discuss it openly? As a Rockland County divorce lawyer has seen before, your spouse may try to put up roadblocks that prevent you from accessing money. Perhaps you notice larger than usual withdrawals from your bank, without much explanation. If you notice that smaller but recurring withdrawals have been made in recent weeks or months that could be money your spouse is setting aside for the divorce. Ultimately, if something unusual is happening related to your finances and your spouse doesn’t have a valid reason for it, that is enough reason to be alarmed.

Over-Involved with Children

If you have kids together and your partner suddenly becomes overly interested in spending time with them, it could be because they are worried about custody if a divorce were to happen. You may see changes in how your spouse interacts with your kids and they may try to alter the public’s perception of them for the better. Your partner may become more involved in the child’s school, hobbies, extra-curricular activities, and general time together, when you were the parent who had been handling these responsibilities.

Prepare with a Lawyer

It can be hard to ignore when your marriage has reached that critical moment where you aren’t sure if it’s going to continue or not. Maybe you have realized it is time to move on. Or you just want to know how to prepare for divorce in case it does happen, but not yet. Whatever the situation may be, our team at Kantrowitz, Goldhamer & Graifman, P.C. can offer grounded support and insight. We understand how difficult divorce can be for people, which is why we have dedicated our practice to being a reliable legal resource. By preparing for divorce now, you are more ready for the next path if that is what you choose to take. For questions about divorce or other family related matters, a Rockland County divorce lawyer is available to help. Reach out today for the information you need.

The Process Of Initiating Divorce

As our Rockland County, NY divorce lawyer has witnessed firsthand, divorce is a challenging and emotionally taxing event that will likely require help from a legal professional. It can be difficult for all involved parties, and the process can be filled with uncertainty and trepidation. However, one can navigate this difficult period with greater confidence by understanding the legal process. Our team from Kantrowitz, Goldhamer & Graifman, P.C. offers vital information regarding the most appropriate way to initiate divorce according to the laws common in many jurisdictions.

Understanding Grounds for Divorce

Before initiating a divorce, it is essential to establish the grounds on which the divorce is based. While it’s important to note that laws can vary from state to state, many jurisdictions recognize fault-based and no-fault divorce grounds. A no-fault divorce can be established by an irretrievable breakdown of the marriage for at least six months. Fault-based grounds can include cruel and inhumane treatment, abandonment for a continuous period of one year or more, adultery, and a legal separation agreement.

Preparing and Filing the Divorce Petition

After establishing the grounds for divorce, the next step in the process is to prepare the divorce petition. Typically one party will file the divorce petition. The divorce petition outlines the parties involved, grounds for divorce, and preliminary division of assets, debts, and, if applicable, child custody arrangements. Much of the time, a Rockland County divorce lawyer will complete the petition, but in some situations, you may be able to complete it without out.

The completed divorce petition is then filed with the court. The court will then process the petition and issue a summons. The petitioner will then serve the summons and a copy of the divorce petition to their spouse, giving them notice of the proceedings.

Response to the Petition

Once the divorce petition is served, the spouse has the opportunity to respond. In many states, similar to New York, the response typically needs to be filed within 20 to 30 days. The responding spouse can either agree with the terms of the divorce or contest them. If the terms are contested, this may lead to a more prolonged process involving negotiations or a trial.

Negotiations, Mediation, and Trial

If the terms of the divorce are contested, the spouses may try to negotiate a resolution. This can be facilitated through their lawyers or with help from a mediator. If an agreement cannot be reached, the case may proceed to trial, where a judge will make the final decision on the contested issues.

Finalizing the Divorce

Once the terms of the divorce have been agreed upon or decided by a judge, the divorce can be finalized. This typically involves drafting a divorce decree, which outlines the divorce terms, including division of assets, alimony, child custody, and visitation arrangements. Once the judge signs the decree, the divorce is official.

Divorce can be a challenging and complex process, filled with emotion and often legal complexities. While the process can vary slightly from jurisdiction to jurisdiction, the basic process of understanding the grounds, filing a petition, responding to the petition, and finalizing the divorce is typically followed. However, it will be key to consult with a Rockland County divorce lawyer like those available at Kantrowitz, Goldhamer & Graifman, P.C. to gain a clear understanding of the process in accordance with your specific situation.

Challenges Of Navigating Divorce 

Divorce is a challenging and emotionally draining process that can often become complicated and protracted. It involves the dissolution of a partnership and requires careful navigation through various legal, financial, and emotional complexities. Here are several challenges that individuals going through divorce face which a lawyer can assist with.

Emotional Turmoil:

A significant challenge of finalizing a divorce peacefully is dealing with the emotions involved. The breakdown of a marriage often brings feelings of sadness, anger, confusion, and grief. These intense emotions can cloud judgment, making it difficult to make rational decisions. It is crucial to acknowledge and address these emotions, seeking support from trusted friends, family, or even a therapist. Taking care of your emotional well-being during this time can help you make sound decisions and communicate effectively during the divorce process.

Communication Breakdown:

Effective communication is essential in any divorce process. However, it is common for couples going through a divorce to experience breakdowns in communication. Past resentments, hurt feelings, and a lack of trust can make it challenging to have productive conversations. To overcome this challenge, it is helpful to establish clear boundaries and guidelines for communication. Utilize neutral platforms like email or mediation sessions to maintain a respectful and constructive dialogue. As a Rockland County divorce lawyer can explain more about, a mediator can be a beneficial third-party to help you and your spouse find common ground and strive towards an effective solution. 

Division of Assets and Finances:

Some of the most contested topics divorcing couples face are the division of assets and finances. Disputes can arise over property, investments, bank accounts, and even debts. It is crucial to gather all necessary financial information, including documentation of assets and liabilities, to ensure transparency and fairness. Consulting with a financial advisor or divorce attorney can provide valuable guidance in negotiating and reaching a fair settlement. Remember to consider long-term financial implications and prioritize your financial stability while advocating for a reasonable division of assets.

Custody and Parenting Arrangements:

For couples with children, establishing custody and parenting arrangements can be one of the most emotionally challenging aspects of divorce. It is common for both parents to have vastly different ideas for how to raise their children, which can lead to disputes. To resolve this challenge, prioritize the well-being of the children and focus on creating a parenting plan that supports their needs. Consider involving a family mediator or custody evaluator to help navigate these discussions and find a resolution that is in the best interest of the children. Maintaining open lines of communication, fostering a cooperative co-parenting relationship, and seeking professional advice can all contribute to finding an agreeable and sustainable arrangement.

Divorce Infographic

No-Fault Divorce in New York

In the state of New York, the introduction of the no-fault divorce law in 2010 marked a significant shift in how couples could dissolve their marriages. Prior to this, couples had to assign blame or demonstrate wrongdoing, such as adultery or abandonment, to legally end their marriage. With the advent of the no-fault divorce, this is no longer the case.

A no-fault divorce allows one party to file for divorce by simply stating that the relationship has been irretrievably broken for at least six months. This means that neither spouse is legally required to prove that the other spouse was at fault for the breakdown of the marriage. The primary advantage of this approach is that it often reduces the emotional strain and adversarial nature that can arise in divorce proceedings, as couples no longer need to air their grievances in court to justify the divorce.

At the Law Offices of Kantrowitz, Goldhamer & Graifman, P.C., we understand that even a no-fault divorce can come with its own set of challenges, both emotionally and legally. Our team of experienced attorneys is here to guide Rockland County residents through the process, ensuring that your rights are protected and that you receive the support and counsel you need during this pivotal time. If you’re considering a no-fault divorce or have questions about the process, reach out to us. We’re here to help.

New York Collaborative Law Divorce

Navigating the waters of divorce can be tumultuous, but New York offers an alternative approach that aims to reduce conflict and promote cooperation: Collaborative Law Divorce. This method is designed for couples who are willing to work together, with the assistance of trained professionals, to reach mutually beneficial agreements without resorting to litigation.

In a Collaborative Law Divorce, both parties retain separate attorneys trained in collaborative law. Instead of adversarial courtroom battles, the parties and their attorneys engage in a series of structured meetings to discuss and negotiate all aspects of the divorce, from property division to child custody. The primary goal is to reach a settlement that respects the needs and interests of both parties and their children.

One unique aspect of this process is the “participation agreement.” All involved parties sign this document, which states that if the collaborative process fails and litigation becomes necessary, the collaborative attorneys will withdraw, and the parties must retain new counsel for court proceedings. This provision ensures that all parties are committed to the collaborative process and finding a resolution outside of court.

At the Law Offices of Kantrowitz, Goldhamer & Graifman, P.C., we recognize the value of the Collaborative Law Divorce approach for many couples in New York. Our team of skilled attorneys is trained in collaborative law and is dedicated to guiding Rockland County residents through this constructive and amicable process. If you’re interested in exploring Collaborative Law Divorce or have questions about whether it’s right for you, don’t hesitate to reach out to us. We’re here to provide the expertise and support you need during this transformative chapter of your life.

Rockland County Divorce Statistics

According to the American Psychological Association, approximately 40 to 50 percent of first marriages end in divorce. The divorce rate for second marriages is even higher, with approximately 60 to 67 percent of second marriages ending in divorce, and even higher for third marriages. Issues like the division of assets can be especially contentious in a divorce.

If you are considering ending your marriage, contact a divorce lawyer to ensure your financial and parental rights are protected.

Rockland County Divorce Law FAQs

How much does a divorce lawyer cost in NY?

The cost of hiring a divorce lawyer in New York can vary significantly based on a range of factors. While it’s challenging to provide a one-size-fits-all answer, we can offer some insights into the elements that influence these costs.

1. Complexity of the Case: Straightforward, uncontested divorces where both parties agree on all terms will generally be less expensive than contested divorces that require litigation, expert witnesses, or extensive negotiations.
2. Duration: The longer a divorce case continues, the more it may cost in legal fees. Cases that go to trial will typically be more expensive than those settled out of court.
3. Lawyer’s Experience: Attorneys with extensive experience or specialization in matrimonial law might charge higher rates than those just starting in the field.
4. Geographic Location: Rates can differ based on the region or city in New York. For instance, attorneys in New York City might have higher fees than those in upstate New York.
5. Retainer and Hourly Rates: Most divorce attorneys charge an upfront retainer, which is like a down payment against which hourly charges are deducted. The hourly rate can vary based on the attorney’s experience, firm reputation, and other factors.
6. Additional Costs: Beyond attorney fees, there might be costs for court filings, expert witnesses, mediators, and other related expenses.

At the Law Offices of Kantrowitz, Goldhamer & Graifman, P.C., we believe in transparency and open communication regarding fees. We understand that divorce is not just an emotional decision but also a financial one. Our team is committed to providing top-tier legal representation while being mindful of the financial concerns of our clients in Rockland County and beyond. If you have questions about the potential costs of your divorce or wish to discuss our fee structure, please reach out to us. We’re here to guide you through every aspect of the divorce process, ensuring clarity and peace of mind.

Who pays legal fees in divorce in NY?

In New York, the matter of who pays legal fees during a divorce can be a point of contention and concern for many individuals. Understanding the general principles and practices can provide clarity during an already challenging time.

1. Each Party Pays Their Own Fees: Initially, each party in a divorce is responsible for their own legal fees. This means that both spouses typically pay their respective attorneys for their services.
2. Request for Contribution: In certain situations, one party may request the court to order the other party to contribute to their legal fees. This is particularly common when there’s a significant disparity in income or assets between the spouses.
3. Factors Considered by the Court: When determining whether one party should contribute to the other’s legal fees, the court will consider various factors, including:
   • The relative income and property of each party.
   • The complexity and duration of the case.
   • The needs of the requesting party.
   • The ability of the other party to pay.
4. Purpose of Contribution: The primary purpose of having one party contribute to the other’s legal fees is to level the playing field. This ensures that both parties have equal access to legal representation, especially in cases where one spouse might not have the financial means to secure adequate legal counsel.
5. Other Costs: Apart from attorney fees, there might be other costs associated with the divorce, such as court fees, expert witness fees, and more. The responsibility for these costs can also be determined by the court based on the financial situation of both parties.

At the Law Offices of Kantrowitz, Goldhamer & Graifman, P.C., we understand the financial concerns and uncertainties that come with divorce proceedings in New York. Our team is dedicated to not only providing expert legal counsel but also guiding our clients in Rockland County through the financial aspects of their divorce. If you have questions about legal fees, potential contributions, or any other financial concerns related to your divorce, please reach out to us. We’re here to provide clarity, support, and expert guidance every step of the way.

Do I need a divorce lawyer in NY?

The decision to end a marriage is deeply personal and often fraught with emotion. When faced with the complexities of divorce in New York, many individuals wonder whether they need legal representation. While it’s legally possible to proceed without an attorney, there are several factors to consider.

1. Complexity of the Case: If your divorce is straightforward, amicable, and there are no disputes over assets, children, or other matters, you might feel confident navigating the process on your own. However, if there are disagreements or complexities, having an attorney can be invaluable.
2. Understanding of New York Law: New York’s matrimonial laws can be intricate. A seasoned divorce attorney can help you understand your rights, the state’s laws, and any potential pitfalls you might encounter.
3. Protection of Your Interests: An attorney will advocate for your best interests, ensuring that property division, child custody, spousal support, and other matters are handled fairly and in accordance with the law.
4. Emotional Support: While a lawyer’s primary role is legal representation, they can also provide a level of emotional support, offering a calm and objective perspective during what can be a tumultuous time.
5. Efficiency: An experienced divorce attorney can help expedite the process, ensuring that paperwork is filed correctly and deadlines are met.
6. Cost Considerations: While there are costs associated with hiring an attorney, mistakes made without legal guidance can often be more costly in the long run, both financially and emotionally.

At the Law Offices of Kantrowitz, Goldhamer & Graifman, P.C., we believe that informed decisions are the best decisions. Our team is here to provide Rockland County residents with the insights, guidance, and representation they need during this pivotal time. If you’re contemplating divorce and are unsure about whether you need legal representation, reach out to us. We’re here to answer your questions, provide clarity, and support you in whatever decision you make.

Frequently Asked Questions

To help you navigate these complexities, here are some of the most commonly asked questions about the role and responsibilities of a Rockland County, NY divorce lawyer. Divorce,

undoubtedly, is a trying period in anyone’s life. It brings a flurry of emotions, and with it, a barrage of questions. The legal intricacies surrounding the process can be complex. 

How Long Does A Divorce Process Typically Take In Rockland County, NY?

The duration of a divorce process varies based on the complexities involved. Uncontested divorces, where both parties agree on all issues, can be relatively swift, often concluding within a few months. Conversely, contested divorces, where there are disagreements on issues like child custody, property division, or spousal support, can take a year or more. Engaging with a lawyer can help streamline the process and ensure that all legal protocols are followed accurately.

Do I Really Need A Lawyer, Or Can I Handle My Divorce Independently?

While New York law doesn’t mandate the representation of a lawyer in divorce proceedings, it’s highly recommended. A divorce involves critical decisions related to assets, debts, child custody, and spousal support. Making uninformed decisions can have long-term implications. A lawyer will not only guide you through the legal maze but also ensure your rights and interests are protected throughout the process.

What Is The Difference Between A Contested And Uncontested Divorce?

An uncontested divorce occurs when both parties agree on all major issues, including but not limited to property division, child custody, and spousal support. It’s typically faster and less expensive. A contested divorce arises when there are disagreements on one or more key issues, necessitating court intervention. Contested divorces often require detailed negotiations and, in some cases, court trials.

How Is Property Divided In A Rockland County Divorce?

New York follows the principle of “equitable distribution.” This means that marital property (assets acquired during the marriage) is divided fairly, but not necessarily equally. Several factors come into play, including the duration of the marriage, the financial and non-financial contributions of both parties, and the future financial needs of each spouse. A Rockland County divorce lawyer can provide a clearer picture based on your specific circumstances.

How Are Child Custody Decisions Made In Rockland County?

Child custody decisions are made based on the “best interests of the child” principle. The court evaluates various factors, including the child’s relationship with each parent, the parents’ ability to provide a stable environment, any history of abuse or neglect, and the child’s own wishes, especially if they are of a certain age and maturity. It’s worth noting that joint custody is often favored, ensuring the child maintains a strong relationship with both parents.

At Kantrowitz, Goldhamer & Graifman, P.C., we believe that informed decisions are the backbone of a smooth divorce process. Our dedicated team is committed to providing you with the clarity, support, and legal expertise you need during this challenging time. If you’re considering a divorce or need advice on navigating the complexities of the process, please don’t hesitate to reach out. Let our experienced Rockland County divorce lawyer guide and support you, ensuring your rights and best interests are always at the forefront.

Arrange A Consultation

The decision to end a marriage is never easy, and the legal intricacies that follow can be daunting. In Rockland County, the Law Offices of Kantrowitz, Goldhamer & Graifman, P.C. have built a reputation for providing comprehensive, empathetic, and aggressive representation for those going through this challenging time. We are here to help you navigate the legal maze and achieve the best possible outcome. Take the first step towards a brighter future and call us today.

Resolving divorce involves overcoming several challenges, from managing emotional turmoil to navigating financial and custody issues. By addressing these challenges head-on and seeking support when needed, individuals can navigate the divorce process more effectively. Remember to take care of your emotional well-being, communicate openly and respectfully, consult professionals for guidance, and prioritize the best interests of any children involved. Find out how you can get the legal help you need to peacefully resolve your divorce by meeting with a Rockland County divorce lawyer from Kantrowitz, Goldhamer & Graifman, P.C. now.