When the dissolution of a marriage becomes unavoidable, it could be in your best interest to seek counsel from an experienced divorce attorney. The divorce process can be difficult, and an unfair outcome could have significant personal and financial consequences.
If you are facing the prospect of divorce, you deserve an advocate that is not afraid to fight for you. A Syracuse divorce lawyer could help you protect your valuable assets as well as fight for custody or access to your minor children. Many people need help navigating the complexities of the legal system, which is where a skilled family attorney comes in.
Under New York law, one or both spouses must meet certain qualifications before they can divorce. As in most jurisdictions, there is a residency requirement. One or both spouses must have lived within the state for 12 consecutive months before filing for divorce. The only exception to this requirement is when the petitioning spouse seeks divorce due to infidelity.
State law also requires the petition to include “grounds” for divorce. In other words, the spouse seeking a divorce must provide a legally recognized reason for dissolving the marriage. A spouse could pursue either “fault” or “no-fault” divorce proceedings.
Fault grounds require a showing that the non-filing spouse did something wrong. There are different examples of fault grounds, including infidelity, desertion, or physical cruelty. A divorce lawyer in Syracuse could offer guidance as to the appropriate grounds for their petition.
Modern divorce is often resolved on no-fault grounds. This is because it is possible to secure a divorce without the need to establish wrongdoing by either party. To qualify, one spouse must swear that the couple has “irreconcilable differences.” This means that the issues are so great that there is no chance the two will get back together. An attorney who serves Syracuse and understands the nuances of divorce law could further explain these distinctions and their relevance to the case at hand.
Under New York law, a judge is required to divide marital assets in an equitable matter during a divorce case. This does not guarantee that the assets will be split evenly between the two spouses. Instead, a judge must decide on what is fair. Often, this may mean that one spouse receives more than the other.
Remember, a divorce court will only distribute property that is defined as marital. That means they will not divide individual separate assets. Most property accrued during a marriage is considered marital property, but that is not always the case, such as with a family inheritance. A Syracuse divorce attorney could advise on how property may be designated.
The end of a marriage can sometimes bring up bad feelings or resentments, especially if it involves children, but divorce does not have to be a difficult, isolated process. You have the right to hire legal counsel to help you fight for a fair outcome in your divorce case.
Let a Syracuse divorce lawyer advocate for you. Call right away to get started.
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