Troy Divorce Lawyer
Going through a divorce is a physically and emotionally taxing process. The complexities of a divorce action, coupled with the financial implications, can wear on both parties. A Troy divorce lawyer might be able to help expedite the process and secure the assets that are rightfully yours.
Even in uncontested cases where both parties agree on all of the terms of the divorce, New York matrimonial law is complex, and a determined family attorney may be able to help simplify the process.
Legal Requirements for a Divorce
A divorce is the legal end of a marriage by order of a court. Spouses may obtain a divorce if they meet the residency requirement and have adequate grounds for divorce. You can meet the residency requirement in one (1) of three (3) ways: Either:
- You or your spouse has been living in New York State (NYS) continuously for at least two (2) years before the divorce case is commenced
- You or your spouse has been living in NYS continuously for at least one (1) year before the divorce case is started and you got married in New York, you lived in NYS as a married couple, or the grounds for divorce happened in NYS
- Both you and your spouse are residents of NYS on the day the divorce is commenced and the grounds for your divorce happened in NYS
There are seven legally adequate grounds for divorce. These grounds include cruel and inhumane treatment, abandonment, imprisonment of a spouse for three (3) or more consecutive years, adultery, divorce after a legal separation, divorce after a judgment of separation, or the most commonly pursued ground which is an irretrievable breakdown in a relationship for a period of at least six (6) months.
Contested and Uncontested Divorce
When spouses disagree on the grounds for divorce, marital property, or child custody, the divorce is considered contested. If the divorce is contested, they should seek legal guidance from a local divorce attorney. Both individuals should be informed and prepared to litigate the grounds for their divorce, as well as property distribution and child custody.
If spouses agree to all the terms of the divorce, the divorce is uncontested. This oftentimes involves including a settlement or separation agreement in the divorce, which is essentially a document signed by both spouses that outlines all provisions they have agreed to in the divorce. Even in an uncontested divorce, one should still consider consulting an attorney with experience to protect themselves and their assets.
What is an Annulment?
An annulment establishes that a marriage was never legally valid. In other words, the two parties were never husband and wife under the laws of New York. There are five (5) legally recognized grounds for annulment in New York. If you hope to receive an annulment, you must be able to show one of the following grounds:
- At least one spouse was a minor (under the age of 18) when they were married
- At least one spouse suffered a mental incapacity at the time of the marriage that rendered them unable to consent
- The union took place under fraud, coercion, or duress
- At least one spouse suffers from incurable mental illness or insanity
- At least one spouse is unable to have sexual intercourse
Unfortunately, courts will not automatically provide the forms to obtain an annulment. Parties seeking to have their marriage annulled should consider contacting a Troy divorce lawyer before proceeding.
Learn Your Options with a Troy Divorce Attorney Today
Going through a divorce can be a trying time for spouses and their families. Every divorce is unique and it is essential to make sure you are prepared to negotiate and litigate before filing. A Troy divorce lawyer may be able to help you with the tedious process of filing for divorce, strategy, nuances of the law, and weighing all of your options. Get help today by calling our office.