Divorce

Manhattan Divorce Attorney

Fully Committed to Providing Compassionate Representation to Clients in Family and Divorce Law in New York City

If you and your spouse have decided to end your marriage, the road ahead likely seems daunting. Strong emotions, heated disputes, and difficult decisions often mark the divorce process.

There are several issues that will need to be addressed, including:

  • Alimony or spousal maintenance
  • Child custody
  • Child support
  • Distribution of property

Working with an experienced divorce lawyer in Manhattan can make a significant difference in both the process and outcome of your family law matter. At the Law Office of Julio E. Portilla, P.C., our goal is to help you get through your divorce with minimal stress and maximum results. Our Manhattan divorce attorney has the experience and knowledge to handle all facets of your case and is committed to ensuring your needs are met at every stage of the legal process.

How Can a Family Law Attorney Help You Through the Legal Process of Divorce?

Going through a divorce can be a complex and emotional process, especially when navigating the legal requirements in New York. Understanding the different types of divorce, the grounds for divorce, and the timeline and costs involved can help you make informed decisions about your case.

At the Law Office of Julio E. Portilla, P.C., our experienced divorce attorneys can provide reliable legal advice and guidance for your divorce in Manhattan, Queens, and Brooklyn. Whether you are considering an uncontested or contested divorce, we can help you understand the implications of each option and work towards a favorable outcome for your case.

Key Considerations for Divorce in New York:

  • The difference between uncontested and contested divorce
  • Significant assets in a high-net-worth divorce
  • The grounds for divorce in Manhattan
  • Mediation in the interest of maintaining relationships
  • Looking out for the child’s best interests and well-being
  • The timeline for getting divorced in New York
  • Accusations of abuse or domestic violence
  • The costs associated with the divorce process
  • The difference between legal separation and divorce

Our qualified divorce lawyers in Manhattan are here to help you overcome the legal, emotional, and financial burdens of divorce. Call 917-924-9790 to schedule your consultation or complete our online form. Se habla Español.

What Are the Divorce Requirements Under New York Law?

If you wish to file for a divorce in New York State, you must meet certain requirements. You must have valid grounds (or a legal reason) for divorce.

You and/or your spouse must also live in the state for a specific amount of time prior to filing. Generally, you or your spouse must be a resident of New York for a full year (or two years, in some family law cases) before the beginning of the divorce proceedings and meet certain other requirements. For example, you may need to show that the grounds for divorce are based on events that occurred in New York or that you were married in the state.

What Are the Differences Between Contested and Uncontested Divorce Cases?

In New York, there are two main types of divorce: uncontested and contested divorce.

What is an Uncontested Divorce?

An uncontested divorce is one in which the spouses can reach an agreement on all the terms of their divorce. The cost of an uncontested divorce can be dramatically lower than in other cases, as it avoids the cost and stress of litigation. Also, spouses can remain in control of the outcome of their case, rather than leaving it in the hands of a judge.

What is a Contested Divorce?

A contested divorce is when spouses cannot agree on all divorce-related issues, including the divorce itself, child custody, spousal support, or the division of property. Often, a contested divorce is more complicated than an uncontested divorce, since a judge will rule on every aspect of the divorce. From your initial consultation and throughout the entire process to the ultimate conclusion, we communicate clearly with you regarding the options available to you, and we always value our clients’ input about the strategy of the case.

What Are the Grounds for Divorce in Manhattan?

New York is a no-fault divorce state. This means that spouses may file for divorce based on there being an “irretrievable breakdown” in their marriage for at least six months. In other words, if you and your spouse simply can’t get along anymore and there is no chance for reconciliation to take place, you can get a divorce.

Prior to a family law court granting a no-fault divorce, the couple must show that they have resolved all matters pertaining to their divorce. This can be done by creating an agreement or having the court make decisions for them.

While it is not required, spouses may seek a fault-based divorce if they believe it would be advantageous. The spouse who files for the divorce will need to prove that the other spouse committed the particular misconduct they have been accused of.

An at-fault divorce may be filed on the basis of at least one of the following grounds:

  • Adultery
  • Abandonment for a year or more
  • Domestic violence
  • Incarceration for at least three consecutive years during the marriage
  • Cruel and inhuman treatment, creating an unsafe living environment

Alternatively, spouses may choose to file for divorce based on separation. The requesting spouse would need to demonstrate that the couple lived apart for a minimum of one year because of either a court-ordered judgment of separation or a formal written agreement. In addition, the filing spouse would have to provide proof that they adhered to all the terms and conditions of the judgment or agreement.

How Does Filing for Divorce in New York Work?

If your marriage meets the requirements for a divorce in New York, the first step in the process is to complete the initial paperwork: either a Summons with Notice or a Summons and Verified Complaint. These forms outline the grounds for divorce and any “relief,” such as child or spousal support, you wish to seek from your spouse. Next, you will file these forms with your County Clerk’s office and obtain an Index Number. At this point, you are named as the plaintiff in the case, and your spouse is the defendant.

The divorce paperwork then must be delivered, or served, to your spouse in person by another adult. If the forms cannot be personally served to your spouse for any reason, you must request permission from the Supreme Court for an alternate delivery method. The person who serves your spouse with the divorce papers should fill out an Affidavit of Service form to prove they completed the task.

Once your spouse receives the divorce paperwork, he or she has three options. If your spouse agrees to the divorce and the terms outlined in the forms, he or she will sign a form called the Affidavit of Defendant, and your divorce is considered to be uncontested. The County Clerk will submit your paperwork to a judge who, after approving the forms and your agreed-upon settlement terms, grants your divorce.

If your spouse does not want a divorce or does not agree with the grounds for or terms of the divorce, however, he or she may choose to file a Notice of Appearance with the court instead. Your spouse may also refuse to respond to the papers, in which case you are required to wait 40 days before proceeding. In either of these scenarios, your divorce is considered contested, and you and your spouse will have to appear in the New York Supreme Court.

How Long Does It Take to Get Divorced in New York?

For an uncontested divorce with no disputes, the process can take on average three months. For a contested divorce, the process could take around nine months to a year, or even longer if couples decide to continue fighting over every issue.

The length of your family court case may depend on several factors. Contact experienced New York City divorce lawyers to discuss your family law matters in a consultation to learn more.

How Much Will a Divorce Cost?

The cost of a divorce will vary depending on whether it is uncontested or contested, and how long the process will drag on. There are the typical divorce filing and court costs, as well as divorce attorney fees.

Some factors that can affect the cost of a divorce:

  • Whether your case will go to trial, which will increase legal expenses
  • If you and your spouse disagree over custody issues
  • If you have extensive marital property to evaluate and divide, a financial analyst will need to be hired
  • If you and your spouse battle over property division
  • If there are alimony disputes

According to Martindale-Nolo’s research, the average cost of divorce can range from $13,000 to $16,000, but it can be lower if there are no contested issues.

What is the Difference Between Legal Separation and Divorce?

Legal separation and divorce typically involve similar processes, but couples who file for legal separation are still legally married. In a legal separation, couples live apart and go through the court-approved processes for child custody and support, as well as property division. With a divorce, the marriage is dissolved, and the couple is no longer legally married.

In some cases, a legal separation typically leads to a divorce. In other cases, couples legally separate for some time to reevaluate their marriage, but end up changing their minds about divorce. Both divorce and legal separation go through similar legal processes and may cost the same.

Divorce Services in Manhattan: Local Insights and Support

Living in Manhattan, Queens, or Brooklyn, you know that the fast-paced lifestyle can make personal matters like divorce even more challenging. At the Law Office of Julio E. Portilla, P.C., we understand the unique pressures faced by New Yorkers and are here to provide compassionate and effective legal support for your uncontested divorce.

New York City residents often deal with high living costs, busy schedules, and the complexities of urban life. These factors can add stress to an already difficult situation. Our team is well-versed in the local legal landscape and can help you navigate the uncontested divorce process smoothly, ensuring that your rights and interests are protected.

We are familiar with the resources and support available through local government entities such as the New York City Family Court and the New York State Unified Court System. While we do not partner with these entities, we can guide you on how to utilize their services effectively during your divorce proceedings.

One of the common pain points for midtown Manhattan residents is the high cost of living, which can complicate financial settlements and alimony agreements. Our divorce attorney in Manhattan is skilled in negotiating fair and equitable solutions that take into account New York City’s unique economic conditions. Additionally, we understand the importance of minimizing disruption to your daily life, especially when it comes to child custody and support arrangements.

Choosing an uncontested divorce can significantly reduce the emotional and financial strain of ending a marriage. Our goal is to help you achieve a resolution that allows you to move forward with confidence and peace of mind. Trust the Law Office of Julio E. Portilla, P.C., to provide the local expertise and personalized attention you need during this challenging time.

Commonly Asked Questions

What are the benefits of working with a Manhattan divorce attorney?

Working with a Manhattan divorce attorney can provide numerous benefits during a challenging divorce. An attorney can offer clear and reliable legal advice, help you understand your rights, and represent your interests throughout the process. They can assist with complex issues such as alimony, child custody, child support, and the distribution of property. By having a knowledgeable attorney by your side, you can navigate the legal system more effectively and work towards a resolution that aligns with your goals, ensuring that your needs are met at every stage.

Can the Law Office of Julio E. Portilla, P.C., assist with child custody and child support issues during my divorce?

Yes, the Law Office of Julio E. Portilla, P.C., is well equipped to assist with child custody and support issues during your divorce. These are some of the most sensitive and critical aspects of divorce proceedings, and our experienced attorneys can help ensure that the best interests of your children are prioritized. We can help negotiate custody arrangements, visitation schedules, and fair child support payments, always aiming to minimize stress and conflict for all parties involved.

Is alimony or spousal support guaranteed in every divorce settlement?

In New York, spousal maintenance, alimony, and spousal support are terms that are used interchangeably to mean the same thing. Alimony is not guaranteed in every divorce case. Typically, a family court may order spousal maintenance in cases where one spouse has far greater earning potential or financial stability than the other spouse, and the judge wants to ensure that both spouses can continue a certain standard of living for a length of time following the divorce’s conclusion. A family law judge will consider several factors when determining whether spousal support is necessary, how much is necessary, and how long it should be paid. Factors may include the age and health of both parties, the present and future earning capacity, wasteful use of marital property, who is the non-custodial parent in a sole or joint custody arrangement, who obtains the marital residence in the distribution of assets, tax consequences, health insurance, and any other family court matter or factor that a judge may deem relevant. For assistance fighting for the spousal support arrangement you deserve, contact experienced family lawyers to discuss your case.

How does equitable distribution work in New York?

New York operates by an equitable distribution model when dividing marital property during divorce proceedings. In divorce cases, it is essential to determine what is considered separate versus what is considered marital property. Separate property may not be subject to the distribution of assets like marital property. In New York, marital property is defined as any property acquired during the marriage by either party and does not fit within the definition of separate property. Business interests, real estate property, bank accounts, pensions, and other assets may be considered marital property and subject to equitable distribution. If you are facing divorce disputes over the distribution of assets, contact our New York family lawyer to discuss your case in a free consultation.

What if you and your spouse had either a prenuptial or postnuptial agreement?

Marital agreements like a prenup or postnup have become more common for couples over the past decade, losing some of that negative social stigma that used to follow these agreements around. A prenuptial agreement can be a valuable tool for couples intending to marry but who are realistic about the future and the potential legal issues that may complicate matters if their marriage should not work out. A prenuptial agreement can establish outlines for how property and assets will be divided in the event of divorce or death, protect personal business interests, address estate rights, safeguard your pension or retirement accounts, and more.

Is it possible to request post-judgment modifications to child support, residential custody, legal custody, and other family law issues?

Although every divorce is final, that does not mean the divorce settlement must be. After divorce proceedings have been completed, new legal issues may arise that could present a concern to you or the other spouse. If there has been a significant change in circumstances, such as income, health, residents, or safety, a family law judge may consider requests to modify divorce settlements. In cases where the proposed changes impact a child’s life, such as the inability to pay child support, requests for supervised visitation, or other concerns, judges usually must act within what they believe to be the children’s best interests. Obtaining modifications to child support, visitation rights, custody, and spousal support is not always easy to come by. Our law firm has extensive experience providing personal attention in these practice areas, and we would be proud to represent your interests in pursuit of the modifications you require

Contact Our New York Law Firm to Request a Free Consultation with an Experienced Manhattan Divorce Lawyer Today

The Law Office of Julio E. Portilla, P.C., is here to guide you through every stage of your divorce. Our Manhattan divorce attorney can ensure that the process goes as smoothly as possible and that you achieve a fair settlement.

Call 917-924-9790 to get the legal representation you deserve. We always have your best interests in mind. Request a case consultation with our seasoned divorce attorneys in Manhattan at the Law Office of Julio E. Portilla, P.C.

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