Divorce in New York City

What Are the Divorce Requirements in New York?

What Are the Divorce Requirements in New YorkIf you have been contemplating divorce in New York, you are probably wondering what the requirements are. Every state has different laws and requirements for filing for divorce. Below, we will share what the divorce requirements are in New York.

 

New York Residency Requirements Must Be Met

 

In order to qualify for residency requirements in NY, you and your spouse must meet the below requirements:

 

  • Have lived in New York for at least 2 years prior to filing for divorce
  • Have lived in New York for 1 year, and you got married in NY and lived as a couple in New York. Furthermore, the cause of your divorce must have happened in New York
  • You both currently live in New York and the reason for your divorce occurred in New York

 

What Are Your Grounds for Divorce?

 

The grounds for divorce can be categorized into 2 categories:

 

  1.  No-Fault Divorce: in a no-fault divorce, you do not have the burden to prove that your spouse did anything wrong.  You just have to be able to show that your marriage has been “irretrievably broken” for at least 6 months.

 

One of the advantages of choosing a no-fault divorce in New York is that is less adversarial and not as complicated.

 

  1. Fault-Based Divorce: in a New York fault-based divorce, you will have to prove one of the following reasons:
  • You were abandoned for at least 1 year
  • Did you experience physical or emotional abuse (cruel or inhuman treatment) that created an unsafe environment for you
  • Cheating in the marriage (adultery)
  • Was your spouse in prison or jail for 3 or more years
  • Were you living apart for at least 1 year being legally separated or ordered to live apart by the court

 

A New York Divorce Lawyer Can Help You Sort Through Custody and Division of Assets

 

Depending on if there are children and assets involved in your divorce, that can complicate matters.  A New York divorce lawyer or divorce mediation attorney can help you come to an agreement on difficult divorce matters.

 

How is Property Divided in a Divorce in New York?

 

New York state abides by the “equitable distribution” rule.  Equitable distribution does not necessarily means a 50/50 split.    The court will consider factors such as both spouse’s income, how long they were married, and what each person contributed to the household.

 

What Do NY Courts Prioritize When it Comes to Child Custody?

 

The courts will always put the best interest of the child or children first.  The court will want to know how involved each parent will be in the child’s life and how the parents plan on providing a stable home environment for the child.

 

How do you know how much child and/or spousal support you will receive?

 

If you have been married for a while and there is a large income disparity, then there will likely be some amount of spousal support for a particular duration, typically depending upon the length of the marriage.  The courts will apply a formula to determine how much spousal support will be awarded and then arguments can be presented to dispute or challenge how much the support is and for how long it is to be paid.

 

If there are children under the age of 21, then child support will need to be calculated and determined, which is also upon application of a formula.  In addition to  basic child support there may be add-ons such as child care or private school or camp expenses to share with the other parent.

 

How Can You Determine Which Option is Better for You?

 

If you are looking for a quicker divorce that is less complicated, you may want to consider an uncontested divorce.  An uncontested divorce is a good option if you are opting for a less expensive and quicker divorce.

 

However, if you have lots of assets or complicated issues that cannot be resolved easily, you may need to have a contested divorce.

 

A contested divorce may take a lot longer to finalize and be more adversarial.  However, if you are not able to come to an agreement on matters such as custody and division of assets with your spouse, you may have to take this route.

 

Do You Have Questions About the Divorce Process or Requirements in New York?

 

Contact Sabra Law Group today at (646) 472-7971 to schedule a confidential divorce consultation.

 

 

How to Tell If Your Wife Is Cheating on You in New York City

How to Tell If Your Wife Is Cheating on YouRelationships are built on trust, but sometimes, that trust is broken. If you’ve noticed changes in your marriage and suspect your wife is cheating, it’s important to look for real signs before jumping to conclusions. In a fast-paced city like New York, it’s easy for someone to hide an affair, but there are still clear red flags to watch for.

Signs Your Wife May Be Cheating

1. She’s Suddenly Always “Busy”

One of the first signs of infidelity is a change in routine. If your wife is suddenly working late, going out more often with friends, or making last-minute plans without you, it might be a sign that something is going on. While a busy schedule isn’t proof of cheating, combined with other behaviors, it can be a warning sign.

2. She Guards Her Phone Like a Secret Vault

If your wife used to leave her phone around the house but now keeps it locked or on silent, that’s worth noting. Does she take it with her everywhere, even to the bathroom? If she quickly turns the screen away when you walk by or gets defensive when you ask about it, she might be hiding something.

3. She’s Emotionally Distant

Cheating isn’t always physical—emotional affairs are just as damaging. If your wife used to be affectionate and engaged in your conversations but now seems distant, distracted, or uninterested in your life, she may be investing her emotions elsewhere.

4. She’s Dressing Differently

Has your wife suddenly changed her style? A new haircut, different makeup, or a sudden interest in working out could just be personal growth. But if it’s paired with secretive behavior or a lack of interest in you, it could be a sign she’s trying to impress someone else.

5. She Picks Fights for No Reason

A guilty conscience can cause someone to become short-tempered. If your wife seems irritated by everything you do or starts fights over small things, she might be trying to justify her actions by making you the bad guy.

6. Her Friends Act Differently Around You

Friends often know about affairs before the partner does. If your wife’s friends seem awkward or avoid talking to you, they may be covering for her. On the other hand, if she suddenly has a new group of friends you’ve never met, that’s also something to consider.

7. She Has a Second Social Media Life

If your wife is suddenly more active on social media but is secretive about it, that could be a red flag. Does she have a new Instagram account you don’t follow? Is she deleting messages or changing passwords? A second digital life can sometimes mean a second romantic life.

8. She Avoids Intimacy

A decline in physical affection can be caused by stress, health issues, or other personal reasons, but if she’s avoiding intimacy with you while also making other suspicious changes, it could point to infidelity.

9. She’s Unreachable at Odd Hours

New York City is a busy place, and people can be caught up in work or transit delays. But if your wife suddenly becomes unreachable for long periods without explanation, that’s worth questioning. If she claims she was at work, but her story doesn’t add up, something might be off.

10. She Accuses You of Cheating

Sometimes, a cheating partner will turn the blame on you. If your wife suddenly becomes paranoid about where you are or accuses you of being unfaithful, it could be a way to deflect suspicion off herself.

What Should You Do If You Think Your Wife Is Cheating?

Stay Calm and Gather Facts

Jumping to conclusions can make things worse. Instead of accusing her right away, pay attention to patterns in her behavior. If multiple signs from this list match what you’re experiencing, you may have a reason to be concerned.

Have an Honest Conversation

If you feel something is wrong, talk to your wife. Avoid attacking her with accusations. Instead, express how you’ve been feeling and ask her if there’s something going on.

Consider Professional Help

If your marriage is struggling, counseling may help. A therapist can guide both of you through difficult conversations and help you understand what’s really happening.

Hire a Private Investigator

If you need proof before making any decisions, hiring a private investigator in New York City can help. They can discreetly gather information to confirm or dismiss your suspicions.

Gather Facts and Trust Your Instincts

Finding out if your wife is cheating can be painful, but knowing the truth is better than living in doubt. If you see multiple warning signs, trust your instincts, but don’t act on emotions alone. Stay calm, gather facts, and decide what’s best for you moving forward.

Know Your Legal Options

If infidelity leads to divorce, knowing your rights is crucial. New York is a no-fault divorce state, but cheating could impact asset division, spousal support, or child custody in some cases. Sabra Law Group can help you understand the best course of action as well as your options. Contact Sabra Law Group today for a confidential consultation today at 646-472-7971.

 

 

 

Top Benefits of Divorce Mediation Over Litigation in New York

Top Benefits of Divorce Mediation Over Litigation in New YorkDivorce can be a challenging and emotional experience, but how you handle it can make a big difference in the outcome for you and your family. In New York, many couples are turning to divorce mediation instead of going through traditional court litigation.  In this blog, we will discuss the top benefits of divorce mediation over litigation in New York.

 

What is Divorce Mediation?

 

Mediation is an alternative dispute resolution process where a neutral mediator helps couples reach agreements on important issues like property division, child custody, and support.

 

 

Divorce Mediation Comes With Significant Cost Savings

 

One of the most compelling reasons to choose mediation is the cost. Divorce litigation is notoriously expensive. Court fees, attorney fees, expert fees and the time involved can quickly add up, leaving both parties with a hefty financial burden. Mediation, on the other hand, is usually far less costly.

 

In mediation, you typically pay one mediator instead of hiring separate attorneys for courtroom battles. Sessions are also more focused and efficient, which helps keep costs down. This makes mediation an excellent choice for couples who want to save money and keep more of their assets for post-divorce life.

 

Faster Resolutions vs. Litigation

 

Litigation can drag on for months or even years, especially in New York’s busy court system. During this time, the stress and uncertainty can weigh heavily on both parties.

 

Mediation, however, is designed to be much quicker.

 

Because you’re working directly with a mediator to address specific issues, you can resolve your divorce at a pace that works for you.

 

Many couples complete mediation in just a few months, compared to the years that litigation might take. This faster timeline not only reduces stress but also helps both parties move forward with their lives sooner.

 

Mediation Provides Increased Privacy

 

In a traditional divorce case, court proceedings and documents are often part of the public record. This means that sensitive details about your finances, your parenting arrangements, and even your personal disagreements can become accessible to others. For many people, this lack of privacy is deeply uncomfortable.

 

Mediation offers a much more private solution. The discussions and agreements reached in mediation stay confidential. This allows you and your spouse to work through issues without worrying about airing your personal matters in public. Maintaining privacy can be especially important for couples with high-profile careers or those who simply value discretion.

 

It Allows for More Control Over the Outcome

 

In court, a judge makes the final decisions about your divorce. While judges aim to be fair, their rulings may not always align with what either party truly wants. Mediation, on the other hand, puts you and your spouse in control.

 

In mediation, you work collaboratively to reach agreements that suit your unique needs. You have the flexibility to find creative solutions that a court might not consider. This collaborative approach often leads to outcomes that feel more balanced and tailored to your specific situation.

 

Reduced Conflict

 

Divorce is rarely conflict-free, but mediation is designed to minimize tension. Instead of framing the process as a battle, mediation encourages open communication and cooperation. A New York divorce mediator’s role is to facilitate productive discussions and help you both stay focused on resolving issues.

 

This approach often reduces the hostility that can come with litigation. For parents, lower conflict is especially important, as it sets a healthier tone for co-parenting after the divorce is finalized.

 

The Children’s Interests Are the First Priority

 

When children are involved, their well-being should be a top priority. Mediation provides a platform to create parenting plans that prioritize the best interests of your children. Because the process is less adversarial, parents are often better able to work together to design arrangements that work for everyone.

 

By avoiding the courtroom drama, mediation also shields children from much of the stress and emotional fallout of a contentious divorce. This helps create a more stable environment for them during a time of change.

 

Greater Flexibility

 

Litigation follows a strict set of legal rules and timelines, which can feel rigid and overwhelming. Mediation is far more flexible. You can schedule sessions at times that work best for you and address issues in the order that makes the most sense for your situation.

 

This flexibility makes mediation especially appealing to busy professionals or couples with complicated schedules. It also allows for adjustments as circumstances evolve, ensuring that the process remains responsive to your needs.

 

Are You Wondering if Mediation Right for You?

 

While mediation offers many benefits, it’s not the right choice for every couple. For mediation to work, both parties need to be willing to participate in good faith and work toward mutual agreements. If there is a significant power imbalance or a history of abuse, traditional litigation may be a safer and more appropriate option.

 

However, for many couples, mediation is an effective, efficient, and less stressful way to handle divorce. By choosing mediation, you can save money, resolve issues more quickly, and protect your privacy—all while maintaining more control over the outcome.

 

Consult With Us to See Which Option is Better for You

 

If you’re considering divorce mediation in New York, Sabra Law Group is here to help. Contact Sabra Law Group today at (646) 472-7971 for a more amicable divorce.

 

 

How to Prepare for Divorce Mediation in New York City

How to Prepare for Divorce Mediation in New YorkDivorce mediation is a collaborative approach to divorce in which a neutral third-party aka mediator assists couples who are planning to divorce come to an agreement on divorce matters. They can help those that are divorcing come to agreements on difficult divorce topics such as child support and custody, division of assets, parenting plans and more. The more prepared you are for your first session of divorce mediation; the better the outcome may be. Learn how to prepare for divorce mediation in New York City with the tips below.

 

How Does Divorce Mediation Work in NYC?

 

In order to prepare for divorce mediation, it is helpful to have a good understanding of what it entails.  Divorce mediation is less adversarial than divorce litigation. The mediator will help facilitate divorce discussions in a private setting.  The mediator does not make the decisions on your behalf; instead, they focus on helping things move in the right direction by assisting with which matters need to be discussed in a divorce.

 

Prioritize What is Important to You

 

Divorce requires compromise so it is important to identify what is really important and what you are willing to forgo. Divorce requires division of assets, and you may not get 100% of what you want, therefore; make a list of your top priorities. When you are making a list of things to prioritize, make sure that you remember to evaluate each category: child support and visitation, spousal support, division of assets and debts.

 

Gather All Pertinent Documents and Account Statements

 

Make sure you request all financial statements from your bank and 401k, stock investments, etc. Also, have a copy of your tax returns, real estate appraisals, and records of all assets and liabilities.

 

Prepare Yourself Mentally and Emotionally

 

The divorce process can take a toll on your mental and emotional health.  It is important to have a support system to lean on when needed.  Do not try to handle it all alone.  Even if you don’t have close friends or family to lean on, you can seek the help of a therapist or counselor.

 

Communication is Key

 

Communication is the key to preparing for divorce.  This means communicating with your divorce lawyer, your soon to be ex-spouse and any other parties that may be involved in the divorce process.  Delaying getting information to your divorce attorney or prolonging coming to decisions with your soon to be ex will only complicate matters and delay the process.

 

Make a List of Questions to Ask Your New York Divorce Mediator

 

Part of being prepared is to make a list of all of your divorce-related questions.  It is best to write them down, so you don’t forget to ask something.  A divorce mediation session can go by very fast as there are lots of things to discuss.

 

Need Help With Your Divorce?

 

Consider divorce mediation to sort through the difficult issues of divorce. Contact Sabra Law Group today at (646) 472-7971 to schedule a mediation session. 

What to Do When Divorce is Not an Option in New York

What to Do When Divorce is Not an Option in New YorkWhile there are many New Yorkers who decide to get divorced and can do so; not everyone has the liberty to do so. The reason for divorce not being an option for everyone can range from poor finances to even their cultural upbringing. Let's consider some reasons why divorce may not be an option for some New York married couples.

 

Four Reasons Why Divorce May Not Be an Option for Some Married Couples

 

In some cultures, divorce is frowned upon, and divorce is not acceptable by their culture or their family. This can leave one feeling trapped and unhappy. Ultimately, you have to make the final decision on what is best for you and your children.  It may take some time to come to terms with what the right decision is; but know that you can seek professional help if needed from a marriage counselor or therapist.

 

The other reason and this one is most common is due to not being financially independent. If finances are already an issue in the marriage; getting divorced will only exemplify the money problems.

 

When couples are divorcing it usually means that they will have to have separate households and that means paying two mortgages or two rents. It also means that before, if they were sharing a car now they may have to have two separate cars for transportation.

 

If your reasons for not being able to divorce are due to finances, there is hope that your situation can improve with time.  So, in the meantime, you can start preparing yourself to take steps in the right direction by saving up money, getting a job, or even asking family and friends for help if they can help you. 

 

Another reason why divorce may not be an option for some people in New York is because of their children. Many parents want to put the well-being of their children first and foremost and because of that they may not be prepared to get divorced. They realize that divorce can take a devastating toll on their children’s well-being.  And even though they may not get divorced on paper in reality they may be living separate lives and even sleeping in separate bedrooms.

 

Let's face it. Getting divorced is one of the scariest things in life. And the fear of starting over or not knowing what the future holds can basically make people freeze up. Many married couples in NYC stay in unhappy marriages longer because they're too scared to leap into the unknown.

 

How to Plan for a Future Divorce in New York

 

The first step is to understand what your legal rights are in New York, even if you're not in a position to get divorced in the next few months it helps to know what your rights are. It may be beneficial to consult a New York divorce mediator or divorce lawyer who can educate you on what your options are so that when the time comes you can make a more informed decision.

 

Seek the Support of Your Friends and Support Groups

 

Having a support system during this time can make the difference between getting through this time while maintaining a positive mindset versus taking a downward spiral towards depression.

 

Remember to prioritize Your Well-Being So That You Are in a Position to Take Care of Your Kids

 

This means that if you need to seek professional assistance from a therapist, be willing to be open to that. There are also things that you can do on your own such as yoga, meditation, or watching positive videos on YouTube, or even simple things like taking a walk one or two times a day.

 

Don’t Lose Hope for the Future

 

Even if divorce is not an option today just know that there is a way out if you start taking the little steps today. And if you're confused about how to get out of your marriage, contact Sabra Law Group to speak to a savvy New York divorce lawyer who can guide you on how to plan for divorce. Call Sabra Law Group at (646) 472-7971.

How Divorce Affects Children in New York

How Divorce Affects Children in New YorkAs New York parents battle out their divorce; oftentimes their kids get caught in the middle. Divorce can definitely take a toll on your children but there are ways to minimize the impact that it has on them. There are many ways that divorce an impact a child; but let’s explore a few of the most common ramifications of divorce on children.

 

Children May Experience a Roller Coaster of Emotions

 

The type of emotions may also vary depending upon the age of your children. Younger children may be confused because they don't understand what is really going on and they also may be unrealistically trying to get their parents back together.

 

When it comes to teenagers, they may resort to acting out or even feeling guilt and anger about the divorce. It is not uncommon for some children to feel responsible for the divorce even though they have nothing to do with it. 

 

This is why it's important for both parents to have a sit-down conversation with your children together and reassure them that they are loved and that they have nothing to do with the fact you are getting divorced.  Explain to them that the divorce is not going to change how much you both love them; and while there may be changes to living arrangements or day to day routines, you will do your best to keep them comfortable.

 

Are They Acting Out in School or Do They Seem Less Interested in School than Before?

 

For some children, divorce can also take a toll on their schooling; some children may start skipping class or even acting out towards other students or their teachers. Additionally, if your children are teenagers they may even try to engage in drugs or alcohol. This is why it's so important to have conversations with them throughout the divorce process. Remember to not get so wrapped up in your divorce that you don't know where your kids are or what they're doing. Yes, the divorce will be stressful and require a lot of your time, however, the more involved you can be in your children’s life, the better the transition will be for them.

 

Children May Become Depressed or Withdrawn During a Divorce in New York

 

Watch out for signs of depression in your children during divorce. If your children seem to be sad, withdrawn or stay in their room a lot this could be a sign that they are sad or depressed. If your child is exhibiting signs of being sad depressed or angry it is a good idea to seek professional help for your child.

 

Notify Your Children’s School to Contact You if Your Child Seems Off

 

It may also be beneficial to notify your school that you're going through a divorce and that if the teachers notice any difference in your children's behavior or if your child becomes troublesome that they should notify you. You can only fix a problem if you know there is one so it's better to be proactive instead of reactive.

 

Considering Divorce and Looking out for the Well Being of Your Children? 

 

If you are thinking of filing for divorce in New York or have already started the process reach out to Sabra Law Group for the legal support and guidance you need. Sabra Law Group provides both divorce mediation and divorce litigation services to NY couples with children who have decided to split.  A divorce can get complicated, and even more so, if children are involved.    Let the New York divorce mediation and litigation lawyers at Sabra Law Group assist you in your divorce matters, call (646) 472-7971.

 

 

 

How to Get Through Divorce with Emotional Grit

How to Get Through Divorce With Emotional GritBesides losing a loved one, divorce is one of the most difficult and emotional times one will go through. During a divorce, it is normal to experience a multitude of feelings. One day you may be feeling angry whereas the next day you may be feeling sad and depressed. And in the midst of it all, you may even see a glimmer of hope when you're having a good day. If you can learn how to utilize emotional grit during your divorce; it can help you build the resilience that you need to get through this difficult time. Think of emotional grit as the strength, courage, and wisdom that helps you navigate the toughest things that life throws your way, including divorce. Let’s explore how to get through divorce with emotional grit and come out ahead.

 

Don't Deny Your Feelings

 

If you're feeling sad, angry, hurt, or betrayed, understand that these are real emotions and you're not the only one who is going through these emotions. Other people in New York who have gone through divorce have also experienced these same feelings. What's more important is that you acknowledge your emotions and accept that this is a normal process of going through a divorce.

 

Build a Strong Support System to Lean on When Needed

 

Having a strong network of friends and family will ensure that when you do have a rough day dealing with your soon-to-be ex, you will have the support that you need to get through the toughest days. If you don't have a strong circle of friends and family that you can go to or maybe you're more of a private person, consider getting professional help. A licensed therapist, counselor, or divorce coach can help you feel supported during this difficult time. Also, if you have not already reached out to a New York divorce lawyer or mediator you may also consider seeking legal support from them.

 

Set Boundaries and Stick to Them

 

 

Many times, people think that setting boundaries means telling people what you don't want or what you will not tolerate and while that is true there's another scenario to consider as well. The other scenario is that simply stating your boundaries to your soon to be ex-spouse may not be enough. Boundaries are more impactful when you actually show the other person what you're willing to tolerate and not tolerate. So, in order to enforce boundaries, you must show them that you are serious about your limits and not just tell them.

 

Self-Care is a Must During This Time

 

Make sure that you are taking time to yourself every day and that you're also eating right, exercising, getting enough sleep, and doing things that make you happy.

 

Even if you have children to take care of and a full-time job it's imperative that you take some time to yourself every day. Even if it's taking half an hour to go for a walk or listen to your favorite audiobook, going for a jog or to the gym or a lecture or play.

 

Think of Divorce as a Learning Experience

 

Every negative thing that happens to you in life can be used as a learning experience to grow as a person. Using your struggles as a learning experience can definitely help you be more resilient and prepared to bounce back from anything that life sends your way.

 

Be Open to Change

 

If there's one thing that every divorce has in common is that nothing stays the same and change is inevitable in a divorce. Therefore, instead of fighting the change, embrace it with open arms as a positive thing in your life rather than a negative.  This may be easier said than done.

 

Don't Be Too Hard on Yourself

 

Just remember that you are human, and you can only do your best, and whatever happens after that is out of your control. Therefore, if you know that you've done your best then give yourself some grace.

 

Do You Need Legal Guidance During Your Divorce in New York?

 

Call Sabra Law Group at (646) 472-7971 to get the help that you need and take some of the pressure off by letting a New York divorce mediator communicate and negotiate the complex terms of your divorce.

What Are the Steps for Filing for Divorce in New York?

What are the steps for filing for divorce in New YorkDivorce can be an unexpected life event.  No one plans to get divorced and many times, one spouse may even be caught off guard by their spouse telling them that they want a divorce. Nor can one even imagine everything that goes into getting a divorce.  One of the most common questions that come up when considering divorce is, “What are the steps for filing for divorce in New York?” Below are some questions to consider and tips on how to prepare when filing for divorce in the Empire State.

 

Do You Meet New York’s Residency Requirements?

 

The state of New York has certain residency requirements that you must meet to file for divorce. You have to meet one of the below NY residency requirements:

 

  • Have you or your spouse been living in New York for 2 consecutive years or more?
  • Did you or your spouse live in New York for at least 1 year prior to filing for divorce, and were you married in New York, or lived in New York as a married couple, or the grounds for divorce occurred in NY?
  • Were both you and your spouse New York residents when the divorce was filed and the grounds for your divorce happened in NY?

What Were the Grounds for Divorce?

 

There are two types of divorces in New York.  One is called a “no-fault” divorce and it involves an irretrievable breakdown of the marriage for 6 months or more. This means that the marriage is not repairable and one spouse wishes to end it.

 

The second type of divorce in New York is called a “fault” divorce.  A fault divorce can be based on factors in the marriage such as infidelity, abandonment, physical and emotional abuse, or if one spouse was in jail or prison for three or more years.

 

If you have questions about what type of divorce would be appropriate based on your unique circumstances, contact Sabra Law Group at (646) 472-7971.

 

Do You Have All of Your Financial Documents Ready?

 

An important part of filing for divorce is making sure that you have gathered all of your financial documents.  Financial documents may include items such as tax returns, bank statements, 401K, and other retirement accounts, pay stubs, investment accounts, credit card statements, loan accounts, and any debts.

 

Financial documents are essential for determining how assets will be divided as well as spousal support and child support payments. Your New York divorce attorney will also need these documents to help you with your divorce process.

 

 

Have You Considered What You May Want to Include in a Parenting Plan?

 

Have you discussed with your spouse to discuss matters such as custody arrangements, and how you plan on co-parenting?  Remember that the courts in New York will always put the best interest of the children above anything else, so it helps to find some common ground with your spouse.

 

Have You Filed a Summons with Notice or a Summons and Complaint With the County Clerk’s Office?

 

The summons should include what the grounds for divorce are, how many children you have together, proof of New York residency, and your preferences about custody and division of assets.  You may also include additional information on any other divorce issues that are important to document.

 

Have You Served Your Spouse?

 

Once you have filed the summons, you have to serve your spouse with the divorce papers within 120 days or less.  Usually, a third party is utilized to personally serve your spouse with the divorce papers.

 

Did Your Spouse Respond to Your Divorce Papers?

 

Once your spouse has responded to your divorce papers, you will have to start the negotiation process and come to an agreement on divorce matters such as custody and division of assets. If you wish to agree without having to hash it out in court, you may want to consider divorce mediation.  Divorce mediation is a more cost-effective and less adversarial option for divorcing as it calls for open communication and compromise to come to resolutions on the various aspects of divorce such as custody, division of assets, and co-parenting.

 

Need Help for Filing for Divorce in New York?

 

Contact Sabra Law Group today at (646) 472-7971 if you need assistance with filing for divorce in New York and help with negotiating the terms of your divorce.

 

 

 

 

 

What Are The Steps for Filing for Divorce in New York?

What Are the Steps for Filing for Divorce in New YorkDivorce can be an unexpected life event.  No one plans to get divorced and many times, one spouse may even be caught off guard by their spouse telling them that they want a divorce. Nor can one even imagine everything that goes into getting a divorce.  One of the most common questions that come up when considering divorce is, “What are the steps for filing for divorce in New York?” Below are some questions to consider and tips on how to prepare when filing for divorce in the Empire State.

Do You Meet New York’s Residency Requirements?

The state of New York has certain residency requirements that you must meet to file for divorce. You have to meet one of the below NY residency requirements:

  • Have you or your spouse been living in New York for 2 consecutive years or more?
  • Did you or your spouse live in New York for at least 1 year prior to filing for divorce, and were you married in New York, or lived in New York as a married couple, or the grounds for divorce occurred in NY?
  • Were both you and your spouse New York residents when the divorce was filed and the grounds for your divorce happened in NY?

What Were the Grounds for Divorce?

There are two types of divorces in New York.  One is called “no-fault” divorce and it requires only that one spouse can sign a sworn statement stating that there has been   “an irretrievable breakdown of the marriage for at least 6 months”.

The second type of divorce in New York is called a “fault” divorce.  A fault divorce can be based on factors in the marriage such as infidelity, abandonment, physical and emotional abuse or if one spouse was in jail or prison for three or more years.

If you have questions about what type of divorce would be appropriate based on your unique circumstances, contact Sabra Law Group at (646) 472-7971.

Do You Have All of Your Financial Documents Ready?

An important part of filing for divorce is making sure that you have gathered all of your financial documents.  Financial documents may include items such as tax returns, bank statements, 401K, and other retirement accounts, pay stubs, investment accounts, credit card statements, loan accounts, and any debts.

Financial documents are essential for determining how assets will be divided as well as alimony and child support payments. Your New York divorce attorney will also need these documents to help you with your divorce process.

Have You Considered What You May Want to Include in a Parenting Plan?

Have you discussed with your spouse to discuss matters such as custody arrangements, and how you plan on co-parenting?  Remember that the courts in New York will always put the best interest of the children above anything else, so it helps to find some common ground with your spouse.

Have You Filed a Summons with Notice or a Summons and Complaint With the County Clerk’s Office?

The summons should include what the grounds for divorce are, how many children you have together, proof of New York residency, and your preferences pertaining to custody and division of assets.  You may also include additional information with any other divorce matters that you think are important to document.

Have You Served Your Spouse?

Once you have filed the summons, you have to serve your spouse with the divorce papers within 120 days or less.  Usually, a third-party is utilized to serve your spouse with the divorce papers.

Did Your Spouse Respond to Your Petition?

Once your spouse has responded to your petition, you will have to start the negotiation process and come to an agreement on divorce matters such as custody and division of assets. If you wish to come to an agreement without having to hash it out in court, you may want to consider divorce mediation.  Divorce mediation is a more cost-effective and less adversarial option for divorcing as it calls for open communication and compromise to come to resolutions on the various aspects of divorce such as custody, division of assets, and co-parenting under the oversight and guidance of a divorce mediation professional.

Need Help for Filing for Divorce in New York?

Contact Sabra Law Group today at (646) 472-7971 if you need assistance with filing for divorce in New York and help with negotiating the terms of your divorce.

What You Should Know Before You File for Divorce in New York

What You Should Know Before You File for Divorce in New YorkEach state has its laws for divorce.  In New York, there are both “no-fault” and “fault-based” divorces.  It is important to understand both types and the ramifications they might have. Let’s discuss what you should know before you file for divorce in New York below.

 

What is a “No-Fault” Divorce in New York?

 

In a “no-fault” divorce, neither spouse is pointing blame at the other spouse for the end of the marriage. There must be a irretrievable breakdown in the marriage for at least six months.  This means that the marriage is not repairable and at least one of the parties wish to end the marriage.  Neither spouse is held accountable for the marriage ending in a “no-fault” divorce. 

 

What is a “Fault-Based” Divorce in New York?

 

In a “fault-based” divorce, one or both spouses may have participated in infidelity, mental or physical abuse, or abandonment.  The abandonment would have to be for a period of one year or more to constitute a “fault-based” divorce. A “fault” divorce can also include if a spouse was in prison for three or more years.  Furthermore, if the spouses lived separately from each other based on a separation agreement or decree.

 

To file for divorce in New York, either spouse must have lived in the state for at least two years before filing.. Alternatively, the couple can meet residency requirements if they lived in New York for one year immediately before filing, were married in the state, or lived there as a married couple, or if the grounds for divorce occurred in New York and both spouses reside there when filing. r

What Does Equitable Distribution in New York Entail?

 

New York State is an equitable distribution state, which means that marital property is to be divided up in a fair way but does not necessarily mean equal. There are many different factors that go into determining how assets will be divided in a divorce in New York. The court will consider factors like the length of the marriage and what contributions each spouse made to marital property when they filed for divorce.

 

A New York Judge Will Focus on the Best Interest of the Children

 

Again, many factors will go into determining child custody and child support in New York. The court and judge will consider each parent’s relationship with the children, the children’s needs, and the ability of each parent to care for the child. Also, the judge will evaluate if there was any child abuse or domestic violence involved in the case. 

 

How is Child Support Determined in New York

 

In New York, child support is determined by the Child Support Standards Act.  This Act provides a formula to calculate child support that is based on the number of children and combined income of the parents.

 

Need Assistance with Divorce in New York?

 

Call Sabra Law Group today to discuss your divorce questions and start the divorce process.  Call (646) 472-7971 today and take the first step to getting your life back on track.