Divorce Attorney in Brooklyn
Alatsas Law Is Well-Equipped to Handle a Wide Range of Divorce Concerns
Prior to filing a case in New York’s Family Court, you should consult an experienced family law attorney. While the Family Court can assist you in preparing your petition, a skilled family law practitioner can prepare the paperwork for you and handle the filing, service, and prosecution of your case.
Alatsas Law Firm handles many different types of family law concerns, including:
Our goal is to help you better weave through the maze of procedure and bureaucracy that exists in a large institution like the Family Court so you can move forward with confidence.
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Contested vs. Uncontested Divorce
The biggest factor in determining how long a divorce takes is whether the divorce is contested or uncontested. In an uncontested divorce, both parties have come to an agreement about the division of marital property and child support, visitation, and custody if kids are involved. These couples don’t need the court to decide how these matters are handled, but they do still benefit from having their own attorneys for representation.
Contested divorces are much more complex and may require going to trial to resolve high financial stakes and advanced legal issues. Having an experienced divorce attorney is essential during a contested divorce.
Five Major Divorce Mistakes to Avoid in New York
The bottom line is that you’re already dealing with a stressful situation leading up to the dissolution of your marriage. Don’t make life harder on yourself by making any of these five common divorce mistakes:
- Assuming assets are safe. Half of anything the two of you acquired during the marriage is potentially up for grabs, which is why you need to be aware of the financial situation in your household. Contact a divorce lawyer quickly if you suspect your spouse is re-titling assets to hide them from you.
- Going through the process without help. An attorney is crucial to protecting your legal rights, ensuring any settlement proposal is fair, and help you avoid other costly legal mistakes.
- Posting on social media. You likely have grievances against your spouse, and the urge to share them online is always strong. Resist that urge at all costs. Even if you limit who can view your posts, the risk is too high that comments will cause strife within your family or lead to problems if you end up having to go to court later.
- Refusing to consider mediation. You might not be interested in amicable solutions with your soon-to-be-ex. That’s understandable, but it's also a major mistake. Unless you are dealing with abuse or your spouse is hiding assets, it is often faster, cheaper, and less emotionally draining to mediate terms together.
- Using children as a bargaining tool. Involving children in the divorce process can easily create a negative long-term impact on your relationships. Leave them out of the equation as much as possible.
Finally, don’t forget that your legal needs don’t end as soon as the divorce is finalized. There are other important steps to take after a divorce. Make sure to ask your attorney about updating your will or changing beneficiaries for your various accounts.
Grounds for Divorce
In order to file for divorce, you will have to prove one of the following:
- Irreconcilable differences (breakdown of a marriage for at least six months)
- Abandonment
- Cruel and inhumane treatment
- Adultery
- Imprisonment
- Legal separation
Alatsas Law Is Well-Equipped to Handle a Wide Range of Divorce Concerns
New York offers two options for couples who wish to end their marriages: no-fault divorce and at-fault divorce.
No-fault divorce is when the grounds for filing for divorce are irreconcilable differences, incompatibility, and irremediable breakdown of the marriage for six months. It does not require proof of fault of either party. New York State signed a no-fault divorce into law in August 2010.
An at-fault divorce requires at least one party to allege and prove the other has committed adultery, inflicted cruel or inhuman treatment on them, abandoned them, or has been in prison for three years. Alternatively, the couple may have been legally separated for over one year.
The claims can either be contested or uncontested by the alleged erring spouses. If they choose to contest the allegations, the process can end up in a court trial involving draining exchanges of charges and counter-charges. Even in an uncontested divorce, however, there are important issues involved—including child custody and visitation, child support, the division of assets, and alimony or spousal support. Irreconcilable differences on these matters often lead to court trials.
Schedule a Consultation Today
Alatsas Law Firm is conveniently located for residents of Brooklyn, Queens, and Staten Island. Our ground floor office is handicapped accessible with a subway stop and two bus lines nearby. We know that dealing with legal issues affecting your family can be stressful, but we will proactively work to provide you with peace of mind as you move forward. If you’re in need of assistance with a divorce or family law concern, contact us today to schedule a free, no-obligation initial consultation. Download our intake form, fill it out, and bring it to the consultation to get started.