A divorce can be a painful process but at Choudhry &Franzoni Law Firm we try to make it as painless as possible. It is important to work with someone who not only knows the law but also has your best interests in mind. Our qualified attorneys can evaluate your situation and help you make informed decisions. The whole process begins with a free consultation so we can learn more about you and your relationship, allowing us to individualize your divorce to fit your unique situation. A divorce can be an extremely emotional and taxing experience. Court hearings can lead to heavy financial costs. Our divorce attorneys will help you determine the most cost effective course of legal action tailored to each individual case. No two divorces are the same, some may be resolved quickly and amicably, while others may get drawn out in lengthy court battles.
No-Fault Divorce in New York
The most common ground for divorce is what’s known as a No-Fault divorce. Either spouse can file this type of divorce by claiming an irretrievable breakdown of marriage for a period of at least 6 months. You do not have to prove that the marriage is coming to an end because of something that is the other spouse’s fault. All that has to be proved and stated in your divorce papers is that the marriage has been “irretrievably broken” for at least six months. One spouse must state this under oath for this ground to be applicable.
However before a court will grant a no-fault divorce, the couple must show that all of their divorce-related issues, such as property division, spousal support, child support, and child custody have been resolved. This can be done between the spouses in a divorce settlement agreement or by a court order
Uncontested Divorce in New York
Some couples will agree that it’s in the best interest of both parties if they divorce. An uncontested divorce means that both parties have already negotiated and reached agreements to the terms of the divorce and so requires less paperwork and court visits then a contested divorce. This means that the couple will decide the details of the breakup rather than a judge. These couples realize the enormous benefits of engaging in an amicable dissolution of marriage. Negotiating an uncontested divorce can provide a smooth and efficient dissolution of their marriage.
Although an uncontested divorce is conducted outside of a courtroom, it is still considered a legal proceeding and therefore requires careful consideration. Our divorce attorneys will ensure that the other party lives up to their end of the agreement as well as helping you protect your rights.
Contested Divorce in New York
Couples who are not able to cooperate with each other may participate in a traditional contested divorce in court. This type of divorce usually results when a couple cannot agree on the terms of a dissolution therefore requiring court intervention. During a contested divorce, a couple must consider how they will divide their assets, debts as well as custody of any children. A contested divorce usually requires many court appearances by your attorney in addition to many hours of preparation.
Our Qualified divorce lawyers understand how taxing a divorce can be for all parties involved. We will put your interests first in helping to reach a peaceful and amicable solution for all parties involved
Cruel & Inhuman Treatment
This includes Physical and or Emotional, Mental Abuse, the party claiming this ground likely needs to show more than one occasional mental abuse.
To establish the ground of Abandonment spouse has to show that other spouse abandoned the marriage and has no intent to return, there is a statutory length that has to pass prior to this ground being applicable. However constructive abandonment cannot be used to establish this ground.
The ground of adultery requires the spouse showing that the other spouse voluntarily engaged in adultery with someone outside the marriage, however if the accused spouse denies the allegations then additional testimony of witness may be required. There is a 5 years of statute of limitations on this ground. Cheating spouse must have not been forgiven and accusing spouse needs to have “clean hands”. Both spouses cheating may make this ground inapplicable. Entrapment or inducing may render this ground void.
This ground requires 3 consecutive years of imprisonment for it to be applicable.
Conversion of a Separation Agreement
This is a two-step process. First there needs to be a written separation agreement between the parties, this agreement needs to be signed, acknowledged and filed with the court. Secondly, both spouses must live separately and apart for the period of one year. Any cohabitation during that rescinds the separation agreement. If both of these requirements are met then there can be an application to the court for conversion divorce.
Dissolution of Marriage
If one suppose disappears for five years, and there is no word from him/her, or that spouse is presumed dead, the other spouse may make an application to the court for the dissolution of marriage. However there are three key requirements to fulfill prior to making such an application. First, you must conduct diligent search to find spouse. Second,you must publish request for spouse’s return in English speaking newspaper for three consecutive weeks. Third you must be living in NY for one year or have NY matrimonial domicile at time of disappearance.