If you think divorce is on the horizon for your marriage, it may be beneficial to speak with us at Kantrowitz, Goldhamer & Graifman, P.C., your Rockland County, NY divorce lawyers, to learn more about what steps to take next. Perhaps you’ve been sensing that something isn’t quite right in your marriage, and you’re unsure whether you should file for divorce first or if your partner is considering doing so. The best way to understand where your marriage is heading is through open communication. Talking about the issues in your relationship can sometimes change its course by bringing undiscussed matters to light and addressing them. However, if you believe you’ve reached a point where divorce is the right choice, we are here to help. Below are a few signs that may indicate your spouse is thinking about divorce as well.
Navigating the complexities of divorce can be emotionally taxing and legally challenging. At 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 reluctant to share financial information that you usually discuss openly? We’ve seen situations where a spouse may try to create roadblocks to prevent access to money. You might notice larger-than-usual withdrawals from your bank account without much explanation. If smaller but recurring withdrawals have been made in recent weeks or months, your spouse might be setting aside money for the divorce. If something unusual is happening with your finances and your spouse doesn’t have a valid reason for it, that’s enough cause for concern.
Over-Involved with Children
If your partner suddenly becomes overly interested in spending time with your children, it could be due to concerns about custody in the event of a divorce. You might see changes in how your spouse interacts with your kids, and they may try to improve the public’s perception of them. Your partner could become more involved in the child’s school, hobbies, extracurricular activities, and general time together when you were the parent who typically handled these responsibilities.
Prepare with a Lawyer
It can be difficult to ignore when your marriage reaches a critical point where you’re unsure if it will continue. Perhaps you’ve realized it’s time to move on, or maybe you just want to be prepared for divorce if it does happen. Whatever the situation, our team at Kantrowitz, Goldhamer & Graifman, P.C. can offer grounded support and insight. We understand how difficult divorce can be, which is why we are dedicated to being a reliable legal resource. By preparing for divorce now, you’ll be more ready for the next path if that’s what you choose to take. If you have questions about divorce or other family-related matters, a Rockland County divorce lawyer from our team 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 often requires professional legal help. It can be difficult for all parties involved, filled with uncertainty and trepidation. However, by understanding the legal process, you can navigate this difficult period with greater confidence. Our team at 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’s essential to establish the grounds on which the divorce is based. While laws vary from state to state, many jurisdictions recognize both 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 is preparing the divorce petition. Typically, one party will file the divorce petition, which outlines the parties involved, the grounds for divorce, and the preliminary division of assets, debts, and, if applicable, child custody arrangements. Often, a Rockland County divorce lawyer from our firm will complete the petition, though there are situations where you might complete it yourself.
Once the divorce petition is completed, it is filed with the court, which will 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 the 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 emotions and legal intricacies. 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’s crucial to consult with a Rockland County divorce lawyer from Kantrowitz, Goldhamer & Graifman, P.C. to gain a clear understanding of the process according to 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 a divorce may face, which we at Kantrowitz, Goldhamer & Graifman, P.C. can assist with.
Emotional Turmoil:
One of the significant challenges 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’s 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’s 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’s 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 from our team can explain in more detail, a mediator can be a beneficial third-party to help you and your spouse find common ground and strive toward 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’s 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 from Kantrowitz, Goldhamer & Graifman, P.C. 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’s common for both parents to have vastly different ideas on 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.
Rockland County 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.
- 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.
- 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.
- Lawyer’s Experience: Attorneys with extensive experience or specialization in matrimonial law might charge higher rates than those just starting in the field.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Efficiency: An experienced divorce attorney can help expedite the process, ensuring that paperwork is filed correctly and deadlines are met.
- 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.
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.
Divorce Glossary
Our Rockland County, NY divorce lawyer understands that when going through a divorce, it’s important to understand the legal terminology that shapes the process and affects your rights. Whether you’re considering filing or have already begun proceedings, knowing these common legal terms can help you communicate effectively with your attorney and feel more confident in the decisions ahead. Below are several key terms frequently encountered when working with a divorce lawyer.
Divorce Decree
A divorce decree is the final legal document issued by the court that officially terminates a marriage. This decree contains the judge’s decisions on all major issues, including the division of marital property, spousal support, child custody, and parenting time. Once signed, it becomes a binding court order that both parties must follow. Violating the terms of the decree can result in legal consequences, including contempt of court. For more than forty years, our Rockland County divorce lawyer has helped ensure that the terms outlined in the decree reflect the client’s interests and are enforceable under the law.
Alimony (Spousal Support)
Alimony refers to financial payments made by one spouse to the other during or after divorce, typically when there is a significant difference in income or earning capacity. The goal is to help the lower-earning spouse maintain a lifestyle reasonably close to what they had during the marriage, especially if they gave up career opportunities to support the household. Factors such as the length of the marriage, age, health, and future earning potential often influence the amount and duration of alimony. Our Rockland County divorce lawyer can help negotiate fair terms or challenge unfair payment demands in court.
Child Custody
Child custody is a critical part of many divorce proceedings and involves two main components: legal custody (the right to make major decisions for the child) and physical custody (where the child lives). Courts may grant joint custody, allowing both parents to share responsibilities, or sole custody to one parent, depending on what is in the best interest of the child. Determining custody can be one of the most emotionally charged aspects of a divorce, and an experienced lawyer can help protect parental rights while advocating for the child’s well-being.
Equitable Distribution
Equitable distribution is the method used in many states, including New York, to divide marital assets and debts during a divorce. Unlike community property states that split everything 50/50, equitable distribution focuses on a fair—not necessarily equal—allocation. Courts consider various factors, such as the duration of the marriage, the financial and non-financial contributions of each spouse, and future financial circumstances. Property acquired before the marriage or through inheritance may be excluded. Our skilled divorce lawyer plays a key role in gathering financial documentation and arguing for a just division of assets.
Prenuptial Agreement
A prenuptial agreement, or “prenup,” is a legally binding contract that a couple signs before getting married. It typically outlines how assets, debts, and income will be handled during the marriage and in the event of divorce. Prenups are especially useful when one or both parties have significant premarital assets, own a business, or want to protect inheritance rights. These agreements must be entered into voluntarily and with full disclosure of finances to be considered valid. Our Rockland County divorce lawyer at Kantrowitz, Goldhamer & Graifman, P.C. can help draft or review a prenuptial agreement to confirm it meets all legal requirements and serves both parties’ interests.
Contact Kantrowitz, Goldhamer & Graifman, P.C., Rockland County Divorce Lawyers Today!
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.