Practice Area

Divorce

Your unique matrimonial circumstance is just that, unique. Thirty years of experience handling divorce actions have taught us that each and every client has concerns, questions and needs. Our attorneys listen. We have the skills to negotiate a fair and favorable settlement and the experience and knowledge to litigate when necessary. We, as former prosecutors, are trained trial attorneys. Chances are you won’t need to actually have a trial, but isn’t it nice to know that your attorney has the ability to try your case!

This may be your first divorce, but it’s not ours. Whether you are facing an uncontested divorce or a more difficult contested action, our thirty years of experience will guide you through every step of the process.

Contested Divorce vs. Uncontested Divorce

Quite simply, an Uncontested Divorce will save you money. Call for our flat fee uncontested divorce rate. If you and your spouse can come to terms on all issues concerning custody, visitation, child support, spousal support and equitable distribution of the marital assets and liabilities, then an uncontested divorce may be possible without Court intervention. Our attorneys at Guttmann & Kellner P.C. will craft a Stipulation of Settlement setting forth the terms of your agreement and then we will prepare the Judgment of Divorce and related documents for submission to the Court.

Unfortunately, not all divorce actions can be resolved quickly. Often we find that one spouse attempts to bully the other into submission. Assets are hidden, threats are made, children are used as bargaining chips. We don’t abide bullies and our promise to each and every client is that your rights will be protected.

No Fault Divorce

In October, 2010, the New York Legislature added a no-fault ground and most divorce actions are now based on the irretrievable breakdown of the relationship for six months or more. Using the No Fault provision that has been added by the Legislature, any party can unilaterally end the marriage by setting forth under oath that the marriage has suffered an irretrievable breakdown for a period of at least six months. However, under Domestic Relations Law Section 170(7), which codifies the No Fault provision, a court cannot grant a judgment of divorce until the economic issues of the marriage are resolved. Thus, although a party need not prove fault to obtain a divorce, the issues of equitable distribution of marital property, spousal support, child support, custody and visitation as well as counsel and experts’ fees and expenses must be resolved by the parties, or determined by the court and incorporated into the judgment of divorce prior to the court granting a divorce upon No Fault grounds.

Equitable Distribution

How are the marital assets divided? New York State Courts use the standard of equitable distribution when considering the division of marital assets and the Court will consider the following statutory factors:

  • Factor 1: The income of the parties at the time of the marriage and at the time of the commencement of the action.

  • Factor 2: The duration of the marriage and the age and health of both parties.

  • Factor 3: The need of a custodial parent to occupy or own the marital residence and/or household items.

  • Factor 4: The loss of inheritance and pension rights.

  • Factor 5: An award of maintenance.

  • Factor 6: Any equitable claim or interest or contribution make by the non-titled party as services as a spouse, parent, wage earner, or home maker. Effects on the career of the other spouse are considered as well.

  • Factor 7: The liquid or non liquid character of the marital property.

  • Factor 8: Probable future financial circumstances of each party.

  • Factor 9: The impossibility or difficulty of evaluating any component asset or any interest in a business, corporation or profession, and the economic desirability of retaining such asset or interest intact and free from any claim or interference by the other party.

  • Factor 10: Tax consequences to each party.

  • Factor 11: Wasteful dissipation by either spouse.

  • Factor 12: Any transfer below fair market value made in contemplation of a matrimonial action.

  • Factor 13: Any other factor the court deems relevant.

New York Residency Requirement

As experienced divorce attorneys, we. know New York State’s divorce laws. The first legal requirement that must be met to start the divorce process in New York is the state residency requirement. Per the New York State law, an action for divorce may only be maintained when:

  • The parties were married in New York and either party is still a resident when the divorce action is commenced, and has been a resident for a continuous period of one year immediately preceding

  • The parties have resided in New York as husband and wife and either party is still a resident when the action is commenced, and has been a resident for a continuous period of one year immediately preceding

  • The cause of the divorce occurred in New York and either party has been a resident for a continuous period of at least one year immediately preceding, or

  • The cause occurred in New York and both parties are residents at the time of the commencement of the action

  • Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action.

Contact Us Today

Call us for a free consultation or e-mail us with the specifics of your case and we will respond within 24 hours, guaranteed.

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