What are the Legal Grounds for Divorce in New York?

If you are contemplating ending your marriage, one of the things that might concern you is the cost to get a divorce in New York. You may have heard that it costs much more to obtain a divorce than it does to get married. For some couples, this statement could be true. However, for some couples, it could cost much less to get a divorce than it did to plan a wedding. It all depends on the circumstances. Before deciding that you cannot afford to get a divorce, try talking to a New York family law lawyer . You may be surprised to realize that divorces in New York can be affordable. What Causes a Divorce to Cost More? Three main factors contribute to the cost of a divorce: Whether you and your spouse can agree to an uncontested divorce action; The complexity of the issues related to your divorce; and, The attorney you hire to represent you in the divorce action. A simple, DIY uncontested divorce action will cost a minimum of $335 in court fees. You may also incur other costs, including copy fees, certified mail fees, and travel costs. While some individuals may be able to complete the process for an uncontested divorce themselves, it does require the ability to complete the paperwork and understand the court rules regarding service of process and court hearings. Some individuals are not comfortable handling these matters because they fear they could make a mistake that would result in their case being dismissed. Unfortunately, a simple uncontested divorce can quickly turn into a costly and time-consuming disaster if your other spouse decides that he or she does not want to work with you to resolve divorce matters fairly and reasonably. Before you fully understand what is happening, your spouse may have a skilled, experienced New York divorce lawyer handling the matter. Therefore, before you begin the process of a DIY uncontested divorce, it may be in your best interest to discuss matters related to your divorce with an attorney. How Much Do Lawyers Charge for Divorces in New York? One of the largest costs of a divorce is the fee for your attorney. Each divorce lawyer charges fees based on his or her experience. Attorneys also base their fees on the complexity of the case. Some attorney offers flat-rate divorce fees while others may charge by the hour. In some cases, a law firm may offer both types of fees depending on whether the case is an uncontested divorce action or a contested divorce action. Choosing the least expensive attorney for your divorce may not be your best option. The matters settled in your divorce can have long-term consequences. Matters related to custody, child support, property division, and alimony can impact your life for decades. Having an experienced lawyer protecting your best interests can help you move on with your life with the financial support you need for your children and yourself. Contact a New York Divorce Lawyer to Discuss Your Options When you are ending your marriage, it helps to have someone to guide you through the process who understands the system and is a strong advocate. Contact Gassman Baiamonte Gruner, P.C. to speak with a New York divorce lawyer today. Our New York family law lawyers provide support and guidance, in addition to legal advice.

It is often said it is easier and less costly to get married than to obtain a divorce. In some cases, this might be true. However, New York is one of the rare states that try to help individuals who want to get an uncontested divorce do so without the necessity of hiring an attorney. The state tells you what documents are needed and where to file your divorce forms. However, it does not offer legal advice. The court’s websites related to uncontested divorces state numerous times that divorce cases can be complex and it is wise to seek the advice of a New York family law lawyer. Documents Needed to File a DIY Uncontested Divorce in New York Again, we strongly encourage everyone to seek legal advice before proceeding with a divorce. However, if you decide to proceed with a divorce without a lawyer, you can do so by accessing divorce forms through the New York Courts website. The New York State Unified Court System has free instruction booklets and forms available online for individuals beginning a divorce action. The court also provides detailed information about a DIY uncontested divorce for individuals with and without minor children under 21 years of age. The court advises users of the DIY uncontested divorce system to file several forms with their County Clerk’s Office, including but not limited to a summons and complaint. However, the court also notes that County Clerks may require additional forms and documents. You must also pay the required filing fee and serve the filed forms on your spouse. Should I File a DIY Divorce in New York? As experienced divorce lawyers, we would advise anyone to speak with an attorney before deciding upon a course of action. A quick review of the instructions for the DIY forms might convince you that you need an attorney to file a divorce action. The above forms are the forms required to open a divorce action. There will be many other forms related to custody, support, and property division that might be required in your case. Completing divorce forms can be stressful, especially when you are unfamiliar with legal terms and divorce laws. Filing divorce forms without an attorney can also result in an outcome that you did not intend or do not want. While New York uncontested divorce laws might be less complicated compared to the divorce laws in other states, the laws can still be difficult to understand. A simple mistake in interpreting a law or rule could result in the loss of alimony, property, or custody. Contact a New York Divorce Attorney for Guidance and Support Before you consider filing divorce documents without an attorney, consider speaking to a New York divorce attorney about your case. Get the facts about your legal rights and your options regarding divorce, domestic support, custody, child visitation, and property division from an experienced lawyer. Do not risk that important decisions and steps could be overlooked because you were unaware of rules or divorce laws that might significantly impact your finances, family, future, and well-being. Contact Gassman Baiamonte Gruner, P.C. to speak with a New York divorce lawyer today.

Both mothers and fathers play important roles in their children’s lives. In most cases, an ongoing, close relationship with both parents is beneficial for the child. Fathers have the same rights as mothers, even if they are divorced or never married the mother. However, some fathers are required to hire a New York child custody lawyer to help them protect their parental rights. Ten Facts About Father’s Rights in New York 1. Fathers can petition for custody of their child with a divorce proceeding or as a stand-alone action. Neither parent receives preferential treatment during a custody case. The court does not automatically favor one parent over the other. 2. Without a court order determining custody, both parents have an equal right to keep the child with him or her. However, if the parents do not agree on where the child should live, the court will decide custody based on the child’s best interest. 3. New York cannot decide custody matters unless the court has jurisdiction over the matter. For the court to have jurisdiction, the child may have lived in New York for the six months before the custody action is filed or must have been born in New York, if the child is under six months old. There are a few very limited exceptions for extenuating circumstances. 4. A child’s preference for which parent he or she desires to live with can be considered by the court. However, the court is not required to give the child’s preference weight based on a certain age. The court continues to make custody decisions based on the child’s best interest, 5. A father can petition to the court to change custody if a significant change of circumstances occurs that can impact the child’s best interest. For example, a mother moves in with another person who has been arrested for and convicted of domestic violence. The court might consider this factor as a substantial change to revisit custody. 6. Fathers do not have automatic custody or visitation rights. If the parents were not married at the time the child was born, or they signed an Acknowledgment of Paternity, the father would need to file a petition requesting that the court order paternity tests to determine if the father has legal standing to file a custody and visitation case. 7. Frequent visitation is encouraged so that parents have a meaningful and ongoing relationship with their child, including fathers. 8. Mothers cannot refuse to allow court-ordered visitation with the child, even though a father may be behind on his child support payments. 9. If the father has a court order granting him custody of the child, the mother cannot take the child or refuse to return the child after visitation. A mother who does this can be charged with kidnapping and other charges. 10. Fathers who have shared legal custody of their child are entitled to participate in legal decisions regarding their child. Examples of areas that a father has a voice regarding his child include education, medical care, religious upbringing, and extracurricular activities. If a mother attempts to make unilateral decisions for the child that the father opposes, the father may have legal standing to petition the court for assistance. Contact a New York Child Custody Attorney for More Information If you are concerned about your child’s well being, talk to a New York divorce attorney about your legal options. Contact Gassman Baiamonte Gruner, P.C. to speak with a New York child custody lawyer today. You may have legal standing to petition the court for relief such as granting you full legal custody or shared legal custody of your child.

Can someone find out you filed for divorce even if you have not told anyone, including your family? Yes, there is a chance that someone could discover you are divorced because New York divorce records are public. Unless the court has good reason to seal the records, the public can read your divorce decree. Therefore, someone could discover you are divorced even if you have not decided to share that news with someone. In many cases, the news that you are getting a divorce is known long before the divorce is final. Even before you are ready to talk to a New York divorce lawyer , your spouse might spread the news that you are separated. Rumors of separation often lead to conclusions that a couple is getting divorced. Maintaining Control of the Announcement If your spouse has not posted your pending divorce on his or her social media page yet, you are still in control of how, when, and why you share the news of your divorce. It would be helpful if you and your spouse could agree when and how to tell everyone you are seeking a divorce. If your spouse is not cooperating, being the first to tell family and friends about the divorce allows you to be in control of the how and when. You might want to inform them in writing, so you don’t have to face questions in person or by telephone. However, if you break the news of your divorce online or through text, you are likely to receive calls regardless. At the very least, people will return your message and ask questions. Answering Unwanted Questions About Your Divorce Unfortunately, when you tell everyone about your divorce, people will ask questions. They will want to hear all the details. Even well-meaning friends may not understand that you just do not want to discuss the divorce or your soon-to-be ex-spouse. How do you deal with questions about a topic you do not wish to discuss? You cannot stop the questions no matter what you do. Therefore, give some thought to how you want to respond to questions before you tell everyone about the divorce. Plan what you want to say and how you want to say it. People want details, but those details are private. Developing a general response to questions that you can rehearse in advance can help you deal with unwanted questions. You may want to express your appreciation for the person’s concern and support for you and your family during this time. Follow your expression of gratitude with a polite but firm statement that you hope the person can respect the need for privacy while you and your family deal with this matter. Most people understand that statement and leave the matter alone. For those who continue to ask questions, you might need to develop a strong response that states outright you do not want to talk about the divorce. Contact a New York Divorce Attorney for Help Going through a divorce can be challenging in many ways. You do not need to go through the divorce process alone. A New York divorce attorney provides the legal advice you need to protect yourself and your child, but your attorney also provides the support and guidance you need throughout the divorce process. Contact Gassman Baiamonte Gruner, P.C. to speak with a New York divorce lawyer today.

It may be impossible to be completely prepared for a divorce. However, there are certain things that you can do to prepare yourself for the divorce process. Working with a New York family law lawyer who has experience handling divorce cases is one of the best ways to prepare for divorce. Below are five other things that you can do now in anticipation of beginning divorce proceedings. 1. Learn about your legal rights and your options It is not dishonest to meet with a family law attorney as soon as you contemplate a divorce action. Preparing for divorce protects you, your children, and your future. An attorney can give you valuable insight into New York divorce laws, your legal rights, and options you have available to you for obtaining a divorce. 2. Make copies and get organized It is best to have as much information and documentation in your possession as possible before you announce your intention to seek a divorce. You never know how your spouse may respond to the news that you want to end your marriage. Some spouses react by destroying documents, especially if they believe those documents could be used against them or if destroying the document may make the divorce more difficult for you. Therefore, it can be very beneficial to make copies of important documents and records that you and your attorney will need to prepare for the divorce. Examples of documents that you want to have in your possession include: Your original birth certificate, Social Security card, passport, and other personal identification Copies of income tax returns, single returns, joint returns, and business returns (even if your name does not appear on the returns) Copies of income documents for you and your spouse, including W2s, paycheck stubs, retirement accounts, etc. Copies of bank statements, mortgage statements, stock accounts, credit card statements, and all other financial accounts Copies of real estate appraisals, financial statements, and other evidence of the value of your separate and joint property Copies of any emails, text messages, and other evidence of wrongdoing Copies of life insurance policies and other insurance policies 3. Make a financial plan for yourself If you did not handle the finances during your marriage, you need to get up-to-date on your financial situation quickly. You can't divide your assets and debts unless you know what there is to divide. You also need to make a financial plan for yourself to minimize any financial hardship or struggle after separation and divorce. It can be helpful to have two financial plans — a financial plan during the divorce and a post-divorce plan. Create a household budget based on your income alone so that you know what you can afford and how much support you might need to pay for basic living expenses for you and your children. A budget also helps you find an affordable place to stay if you are not remaining in the marital home. 4. Put a team together to protect you and your children A divorce team can help you deal with the emotional, financial, and legal aspects of separation and divorce. Some individuals may need several professionals to assist them with various aspects of the divorce, but that is not the case in every situation. An experienced divorce attorney should be high on the list of professionals you want to consult regarding your divorce. Other professionals that might be helpful to have on your divorce team, depending on your circumstances and needs, including a financial planner, child psychologist, therapist, divorce coach, appraiser, and realtor. Additionally, you also want to surround yourself with a personal support system of friends and family who can help you when necessary and lift you up emotionally throughout the divorce process. 5. Minimize the impact of the divorce on your children Divorce affects children emotionally and financially. The children’s lifestyle, physical residence, school, and social activities may change during and after the divorce. Whenever possible, the details of the divorce should not be discussed when children can overhear. While you want to be honest with your children, some details of the divorce do not need to be discussed. If possible, work with your spouse to formulate a parenting plan that minimizes the impact of the divorce on the children. In some cases, it can be helpful to have a mediator to help facilitate productive discussions regarding matters related to your children. Contact a New York Family Law Attorney for More Information There may be additional steps you should take to prepare for a divorce. A New York family law attorney can discuss the specific details of your situation with you to formulate a plan that gives you the best chance of obtaining the outcome that you desire. Contact Gassman Baiamonte Gruner, P.C. to speak with a New York divorce lawyer today.

Are you going through a divorce or considering a divorce? If so, changing your name after a divorce may or may not be important to you. A New York family law lawyer can discuss the issues related to changing your name after a divorce in more detail. Below is a summary of some things you may want to consider and discuss with your attorney. How to Change Your Name After a Divorce in New York? If you decide to change your name after a divorce in New York, there are several things you need to know before you begin the process of a legal name change. First, you cannot change your name to a name that you have never used. You can only change your name to a name that you used before the marriage. Any other name change requires a separate legal action. You need to gather several documents before you begin the process to change your name. In most cases, an individual needs a certified copy of the New York divorce decree; proof of identification, such as a valid passport, driver’s license, or state identification card; and, proof of age, such as a birth certificate or adoption decree. Before you take steps to change your name on various legal documents and accounts, you need to review your divorce decree. If the divorce decree does not include a provision that grants your name change, you may need to petition the court to modify the divorce decree. If the court does not agree to modify the divorce decree, you will need to petition the court for a change of name. A change of name petition is a separate legal action to your divorce. Therefore, it is helpful to give thought to the question of whether you want to change your name after a divorce before divorce is final. It is much easier, quicker, and less costly to change your name after a divorce in New York if you and your divorce attorney ensure that the divorce decree contains the specific provision permitting a name change. Do You Want to Change Your Name After the Divorce is Final? Some women prefer to return to the use of their maiden name or another legal name they used in the past after their divorce is finalized. There are many different reasons why a woman would want to resume her maiden name or another name after the divorce. If the marriage and divorce were emotionally painful or volatile, a woman might wish to remove all reminders, including the use of her married name. In some cases, a marriage is short and a woman prefers to resume the use of her maiden name because she does not identify with her married name. Because each person is different and each situation is unique, choosing whether to change your name after a divorce is a personal decision only you can make. However, it is important to note that in some cases, changing your name after a divorce can be time-consuming, frustrating, and costly. If you have been married for many years, it is likely that most, if not all, important records are in your married name. Changing your name could cause confusion and problems in the future. Just a few of the important agencies, institutions, and other parties that you need to notify of a name change include: Social Security Administration Internal Revenue Service United States Postal Service Department of Veteran’s Affairs (if you were a member of the armed services) Department of Motor Vehicles Healthcare providers Insurance companies Holders and managers of retirement accounts Financial institutions, banks, and creditors Schools, including your children’s schools Employers You also need to obtain new documents to reflect your name change, including a driver’s license, Social Security Card, and a passport. Many of the above companies and entities require these documents as proof of your name change. For some individuals, changing their name after a divorce is not worth the time and effort involved in making the change. For other individuals, the change of name is well worth any effort necessary to effect the change. Contact a New York Divorce Attorney for More Information If you are contemplating a divorce, a New York divorce attorney can help you choose the best option for your situation. An attorney can also ensure that elements such as a change of name clause in the divorce decree are not overlooked. Contact Gassman Baiamonte Gruner, P.C. to speak with a New York divorce lawyer today.

Most individuals who go through a divorce never want to step back into a family court hearing room again. However, circumstances may arise that require you to request a modification of your divorce decree. A New York divorce lawyer can advise you whether the court is likely to grant a modification of the divorce decree and the steps involved in filing a motion and requesting a hearing. Reasons for Requesting a Divorce Decree Modification in New York Modifications of divorce decrees are not common, but they do occur. Various life events or changes in circumstances may necessitate changing the terms of the original divorce decree. To change the terms of a divorce decree, you must prove to the court that a substantial change in circumstances has occurred that would warrant the court modifying its original ruling in your divorce case. Most modifications of divorce decrees deal with child custody and domestic support. Some instances that might give rise to a modified divorce decree include: A significant increase or decrease in a party’s income that can impact child support or spousal support payments A parent is being transferred or desires to move A change in a child’s needs that warrant changes in visitation or custody. A party becomes ill and is unable to work One of the parties loses his or her job Allegations of abuse or neglect The party receiving alimony payments gets remarried or is living with someone There are a variety of situations that might give rise to a motion for modification of the divorce decree. If you believe you have a valid reason to modify your divorce decree, you should speak with an attorney. Verbal agreements between parties to modify the terms of the order are not enforceable under the law. One party may agree to the terms for a period and then suddenly change his of her mind. It is best to go through the proper procedure to request a court-ordered modification of the divorce decree if you have sufficient grounds for the modification. Proving a Modification of the Divorce Decree Is Justified The party filing the motion for modification has the burden of proving that a change in the divorce decree is warranted. Judges are not likely to grant a motion to modify without extensive documentation and other evidence that proves a substantial change of circumstances. The standard to determine what constitutes a “substantial” change in circumstances can be different based on the facts relevant to the case. For instance, losing your job because your employer is downsizing may not be considered a “substantial” change in circumstances to justify decreasing support payments because you can likely find another job within a reasonable period. However, losing your job because you developed a condition that will result in permanent disability should qualify as a “substantial” change in circumstances. Contact a New York Divorce Lawyer if You Have Questions It can be difficult to know whether your specific situation justifies a modification of your divorce decree. For most individuals, any change in circumstances seems substantial. Contact Gassman Baiamonte Gruner, P.C. to speak with a New York divorce lawyer today. Our New York family law attorneys can review the facts in your case and advise you of your legal rights and options regarding the modification of a divorce decree.

If you are ready to begin the divorce process, there are two important things that you need to know. Before beginning the divorce process, you need to meet the state residency requirements for divorce in New York and have at least one ground for divorce. If you do not meet the residency requirement or have a ground for divorce, you may need the assistance of a New York divorce attorney to determine if you can file for divorce in New York. What Are the Residency Requirements and Grounds for a Divorce in New York? There are several ways to establish residency for a divorce. If a couple lived in New York continuously for two years, they meet the residency requirement. The residency requirement is met if either of the spouses lived in New York for at least one year and resided in the state as a married couple, were married in the state, or the grounds for divorce occurred within the state. There are seven legally acceptable grounds for divorce in New York: Adultery Divorce After a Legal Separation Divorce After a Judgment of Separation Abandonment Inhuman and Cruel Treatment Imprisonment No-fault Divorce (the irretrievable breakdown of the marital relationship for at least six months) Filing for an Uncontested Divorce in New York If you meet the above requirements, you should be able to file for an uncontested divorce without any issues. Both spouses must agree to all issues regarding the divorce to file for an uncontested divorce. The basic steps in the divorce process for an uncontested divorce are: Filing a Summons and Complaint with the court with the payment of the filing fee. Serve the defendant (the spouse who did not file the petition with the court) with a copy of the Summons and Complaint. The defendant may respond to the complaint by filing a copy of the response with the court and serving a copy on the plaintiff (the spouse who filed the complaint), but a response is not required by law. The matter is scheduled on the court’s calendar for a hearing. The matter is heard by a judge who decides whether granting a divorce is appropriate. Individuals may file for an uncontested divorce without an attorney. However, the above steps are general steps and do not include everything you may need to do to obtain a divorce. If you have minor children or the grounds for the divorce are anything other than a no-fault divorce, you may want to consult a New York divorce attorney before proceeding. Even a “simple no-fault” divorce case can quickly become complicated, resulting in an outcome you did not desire. Contested Divorces in New York Require an Attorney If you and your spouse do not agree to all the terms of the divorce, your divorce is a contested matter. Contested matters are scheduled for a trial so that both parties may present evidence that supports the position they take regarding various issues related to the divorce. Parties may disagree regarding custody, visitation, alimony, and property division. While the court cannot force someone to retain an attorney, it is strongly recommended that you seek the advice of an attorney for a contested divorce. An attorney can help you build a strong case to protect your best interests and the best interests of your children. Many contested divorces typically involve complex legal issues, discovery, depositions, investigations, and experts. Having an experienced attorney on your side can prevent your spouse from taking what belongs to you. Contact a New York Divorce Attorney Now for More Information The divorce process in New York can be simple for an uncontested no-fault divorce. However, many people find that having the advice and guidance of a New York divorce attorney is more than worth the fee for hiring the attorney. Before you begin the divorce process, you may want to meet with an attorney to discuss your situation in detail. Contact Gassman Baiamonte Gruner, P.C. to speak with a New York divorce lawyer today.

Locating assets that your spouse or ex is hiding to avoid splitting the assets or paying additional support can be challenging. Depending on the type of asset, there could be very little to go on when searching for the asset. For example, hiding digital currency is easy because there may be no records for the account other than the “key” which is maintained by the owner. However, there are ways to find assets a spouse or ex is trying to hide. An experienced New York family law lawyer can help you retain an investigator and other professionals to track down assets. Strategies for finding hidden assets On your own, you may want to try one of these strategies for finding hidden assets: Checking Account Statements and Credit Card Statements — Reviewing these statements could lead you to payments for storage facilities, unusual withdrawals, purchases of assets, payments on installment accounts, payments for safe deposit boxes, and transfers of cash to other accounts. Tax Assessor’s Office — The tax assessor can give you information on recent purchases of real estate, including investment properties and vacation homes. Tax Returns — Tax returns are also valuable sources of information for hidden assets. You may want to look at the last five years of tax returns for interests in partnerships, investment accounts, trusts, and real estate holdings. Loan Applications — During the discovery process of the divorce, you may be able to obtain copies of loan applications. Typically, a person lists all assets on the loan application to boost their chance of receiving the loan. Also, it is a federal crime to provide false information on mortgage and other loan applications. Check Hiding Spots at Home — If your partner is still living with you, search closets, dresser drawers, and other hiding places for evidence of assets such as stock certificates, statements, life insurance policies, bank accounts, jewelry, and other items. Delayed Compensation at Work — You may need to subpoena your ex’s employer to inquire whether your ex has requested that the employer delay bonuses, raises, or promotions until your family court action is concluded. Custodial Accounts — An ex-partner may attempt to hide assets by setting up a custodial account in the name of a child. Trust Agreements — Another way of hiding assets is by transferring assets to a trust agreement so that the trust holds title to substantial assets instead of the ex. Transfers to Family Members — You may also want to investigate family members to determine if they have received title to assets or large sums of money from your ex. Finding assets before the divorce is complete is the best possible scenario. However, if you discover an asset that an ex is hiding after the divorce is complete, contact your attorney immediately. Your attorney may be able to reopen the divorce proceeding to request that the court require your ex-partner to submit information regarding the asset so that the court can determine what should happen to the asset given the fact that your ex concealed the asset during the divorce proceeding. Contact a New York Divorce Attorney for Help Matters related to property division can be extremely contentious. Contact Gassman Baiamonte Gruner, P.C. to speak with a New York divorce lawyer today. Our experienced New York divorce attorneys understand the various tools and resources available to locate concealed assets. Working with a lawyer can help you receive your fair share of assets during your divorce.