DIVORCE/SEPARATION

In New York, parties can obtain a divorce after living apart, pursuant to a separation agreement or judgment of separation for one year. Thereafter either one of the parties may file for divorce. The divorce will be granted as a “conversion” divorce provided all the formalities have been observed.

In other cases, New York requires one of the grounds for divorce to be present such as: cruel and inhuman treatment; abandonment for one or more years; imprisonment for three or more years; adultery or the relationship between husband and wife has broken down irretrievably for a period of at least six months provided that one party can state that under oath.

Equitable distribution of marital property, maintenance (f/k/a alimony), support, custody, and visitation are all issues that can be agreed upon or litigated in the divorce action.

Marriages may be annulled based on void or voidable marriages due to: bigamy; a spouse is under the age of consent; lack of mental or physical capacity; consent by force, duress or fraud; or incurable mental illness for five years.

This law office fights hard to obtain the best result under the circumstances for each of its clients. A $200 per hour rate is available for divorce, post judgment divorce, separation and annulments (until April 5, 2012).