MARYAM JAHEDI LAW FIRM P.C.
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Divorce Lawyer New York City
Serving Manhattan, The Bronx, Brooklyn, Queens & Staten Island.
When couples go through a divorce, it can be a difficult time on a personal level. It can be a complicated time on the legal level. And it will most certainly be a consequential time in terms of shaping how the soon-to-be ex-spouses live out the years ahead. It’s important to work with an experienced New York City divorce lawyer who understands the issues involved and how to fight for their client’s best interests.
Contested Divorce vs. Uncontested Divorce in New York
IThe final terms of a divorce settlement can be settled between the spouses and their lawyers. When the spouses are able to reach an agreement, it’s called an uncontested divorce. The settlement is still subject to review by a family court judge, who must ensure that its terms don’t violate any laws or are blatantly unfair. But judges grant wide discretion to an agreement negotiated between the couples themselves.
When the spouses do not agree, we have a contested divorce, which means litigation is necessary to resolve the disputed issues. Which is best? The best path to a settlement is the one that creates a fair agreement. But all else being equal, it is certainly preferable to have an uncontested divorce. Opting for an uncontested divorce can minimize the emotional strain on both parties, allowing for a smoother transition into post-divorce life. This approach often results in a more amicable resolution, fostering a positive environment for any children involved.
The Benefits of a Negotiated Outcome Include the Following:
The Process Is Faster. While there are no guarantees as to how long an uncontested divorce will take to finalize, it’s certainly going to move quicker than litigation.
The Quicker Process Is Likely to Be Less Costly. An uncontested divorce makes it more likely that the overall costs to the client will be lower.
Maintains Privacy. An uncontested divorce means the terms of a settlement—and everything said during the negotiations—remain private. Once a dispute goes to court, everything goes on the public record. The value of assets and who gets them becomes public, as does anything negative said about the other spouse. While spouses may be upset with each other in a divorce, they may not want others—particularly any children involved—to hear the negative things that come up.
Sets a Positive Tone for Co-Parenting. When couples have children, they need to maintain a professional relationship in the years ahead, for the sake of raising the kids. The simple act of working together to create an agreement can set a good tone for the co-parenting efforts that are to come.
Spouses Retain Control of the Outcome. The reality of any negotiation is that no one gets everything they want. But in a contested divorce, the judge gets the final say. In negotiations, the couple does.
Property Division in a New York Divorce
IEverything the spouses own together must be divided according to New York’s equitable distribution laws. The term “equitable distribution” is important to understand. Distribution does not have to be a 50/50 split under New York law. While that outcome is certainly possible and some judges may even use it as a starting point, the only requirement is that the property split be equitable—meaning it must be fair for the specific circumstances in each case.
What’s equitable is, at least to some degree, in the eye of the beholder. In this case, the beholder is a New York family court judge. That makes the role of a New York City divorce attorney even more important. Spouses need to be sure that a judge hears all the relevant factors that go into making up an equitable statement.
Factors Like These:
How long did the marriage last?
What is each spouse’s age and health?
Does either spouse have the responsibility of caring for aged parents?
Will either spouse lose access to pensions or inheritances due to the divorce?
Is spousal support (alimony) going to be paid from one spouse to the other?
Did either spouse use assets in a way that was obviously wasteful?
Is an asset (i.e., a business) something that is impractical to split between the spouses?
Factors Like These:
How long did the marriage last?
What is each spouse’s age and health?
Does either spouse have the responsibility of caring for aged parents?
Will either spouse lose access to pensions or inheritances due to the divorce?
Is spousal support (alimony) going to be paid from one spouse to the other?
Did either spouse use assets in a way that was obviously wasteful?
Is an asset (i.e., a business) something that is impractical to split between the spouses?
These are just a handful of criteria a judge can consider, and New York law further authorizes judges to deliberate on any other factor they deem “a just and proper consideration”. But a judge can only consider the factors they actually know about. It’s the job of the lawyer to get those issues before the court.
Marital Property vs. Separate Property in New York
Another important part of property division is understanding what is marital property and what is separate property. All the criteria discussed above presume the court is dealing with marital property—what belongs to both spouses. But what if the property belongs exclusively to just one spouse? In that case, it stays with that spouse in its entirety and is not a factor in determining how the rest of the property is distributed.
To Determine if an Asset Is Considered Separate Property, the Court Will Look at the Following:
When the spouse came into ownership of the asset. If a spouse owned something prior to marriage—be it anything from a savings account to a house to furniture—it might be considered separate property. Please note, however, that if any separate property was improved or developed in any way after the marriage, the property may—at least in part—belong to both spouses.
Inheritances are also considered separate property. An important caveat here is that if a cash inheritance was put into a joint savings account or jointly held investment portfolio, that commingling means a judge will likely deem it marital property. But inherited property, standing on its own, is separate property.
Property purchased during the marriage is generally considered marital property. Even if one spouse was the one who wanted the property, used it exclusively, and even if the property was acquired over the protests of the other spouse. Under the law, the judge in a contested divorce will look only at the fact the property was acquired after the marriage date. It is therefore marital property.
The differentiation between marital and separate property can significantly affect the division of assets and requires careful legal handling by a divorce lawyer in New York to appropriately categorize each asset. Misunderstanding this aspect can lead to unfavorable terms for one party. Further complications can arise with assets like stock options or unique personal property, necessitating a detailed evaluation by legal professionals.
Understanding Spousal Support in New York
Navigating spousal support, often referred to as alimony, can be a critical aspect of a divorce settlement. In New York, spousal support aims to provide financial assistance to the lower-earning spouse to maintain a comparable lifestyle post-divorce. There are three types of spousal support to be aware of: temporary spousal support, durational support, and permanent support. Temporary spousal support is awarded during the divorce process and terminates once a settlement is reached. Durational support is meant for a specific period, helping the receiving party transition to financial independence. Permanent support is less common and usually intended for long marriages where one spouse may not feasibly become self-sufficient.
Factors Affecting Spousal Support Determination Include:
Length of the marriage and lifestyle during marriage
Income disparity between spouses
Contributions to the marriage, including homemaking
Future earning potential of both spouses
Health and age of both parties
It’s crucial to work with a divorce attorney in New York who can effectively argue for a fair spousal support arrangement, tailored to fit individual client needs. Maryam Jahedi Law Firm P.C. is equipped to navigate the complexities of this process.
Child Custody & Visitation Rights with a Divorce Attorney in New York
Child custody can be one of the most emotionally charged issues during a divorce. In New York, the court's primary focus is the best interests of the children involved. Custody arrangements typically include physical custody, indicating who the child will live with, and legal custody, signifying who will make significant decisions about the child’s upbringing, including education, health care, and religious instruction. Courts prefer joint custody arrangements that allow children to maintain relationships with both parents, assuming both parents are deemed fit.
Factors Considered in Custody Arrangements:
Each parent's ability to provide a safe, stable environment
The child's own wishes, depending on age and maturity
Parental fitness, including any history of abuse
The parents’ willingness to foster a relationship with the other parent
A continuity of education and community
At Maryam Jahedi Law Firm P.C., our dedicated approach ensures that each client's parental rights are respected and that custody and visitation arrangements are made in line with what’s beneficial for the child's development and well-being.
FAQs About Divorce in New York
How Long Does a Divorce Take with a Divorce Lawyer in New York?
The timeline for a divorce in New York can vary greatly depending on whether the divorce is contested or uncontested. Uncontested divorces, where both parties agree on all terms, can sometimes be finalized in as little as three months, assuming there are no significant delays in court or administrative processing. Contested divorces, on the other hand, where disagreements arise over issues such as property division, support, or custody, can take significantly longer, potentially from six months to several years. The complexity of the financial matters and the willingness of both parties to negotiate and compromise are significant factors that influence the duration. Working with knowledgeable attorneys at Maryam Jahedi Law Firm P.C. can aid in streamlining the process and ensuring all legal provisions are fairly met.
What Are New York's Grounds for Divorce?
In New York, you can file for divorce on both fault and no-fault grounds. The no-fault ground, commonly used, is based on an irretrievable breakdown of the marriage lasting at least six months. Fault grounds include cruelty, abandonment, imprisonment of a spouse for three years or more, adultery, and legal separation for over a year. Each ground has its specific requirements and may affect divorce proceedings, particularly in contested divorces. Utilizing the support of divorce attorneys in New York professionals can simplify selecting appropriate grounds to ensure the proceedings are handled correctly and efficiently. At Maryam Jahedi Law Firm P.C., we offer comprehensive guidance on choosing the most strategically advantageous grounds for our clients’ unique situations.
How Is Child Support Calculated in New York?
Child support in New York is calculated using standard guidelines that consider both parents’ incomes, the number of children, and other factors including health care costs, childcare expenses, and educational needs. The non-custodial parent typically pays a percentage of their income based on the number of children: 17% for one child, 25% for two, and so on. These calculations aim to provide adequate financial support that approximates the level the child would have enjoyed if the family were still unified. Courts have the discretion to adjust these calculations based on specific circumstances, ensuring they reflect the best interest of the child. This flexibility underscores the importance of having skilled legal representation from Maryam Jahedi Law Firm P.C. to navigate potential complexities and advocate for fair support terms.
Can I Modify My Divorce Agreement After It's Finalized?
Yes, modifications to a divorce agreement are possible in New York but typically require a substantial change in circumstances. Common reasons for modification include significant changes in income, relocation needs, or changes in a child’s living arrangements or needs. Both parties must usually agree to these changes, or one party must seek a court order to modify the terms. Having the experienced guidance of legal professionals from Maryam Jahedi Law Firm P.C. can be instrumental in effectively presenting and negotiating these modifications, ensuring adjustments serve the client's best interests and comply with New York law.
What Should I Know About Division of Debts in Divorce?
The division of debts is an important yet sometimes overlooked element of divorce settlements. In New York, similar to assets, debts accrued during the marriage are considered marital property and are divided equitably between spouses. This doesn’t necessarily mean equally but rather fairly, taking into account each spouse's financial situation and ability to pay. Factors such as which party accrued the debt and for what purpose can influence division decisions. Legal guidance from Maryam Jahedi Law Firm P.C. is invaluable in ensuring that debt obligations are assessed and divided in a manner that is just and equitable for our clients, protecting their financial future post-divorce.
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