Divorce is a very significant legal matter. It is well known that over 50% of marriages end in divorce and when that happens, having the right legal support is vital. The Law Office of Dimitrios Kourouklis understands what is at stake when individuals face a stressful and uncertain road. As a compassionate New York divorce lawyer servicing the New York City area, Long Island and Westchester County, we have the knowledge and legal prowess to represent your needs and protect your rights during your time of need. Before a divorce can be finalized, there are certain issues that may need to be resolved between you and your spouse. These issues include, but are not limited to child support, child custody, alimony, and division of assets.

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At the Law Office of Dimitrios Kourouklis, Ph.D., we understand that the divorce process can be emotionally exhausting and stressful. However, when you retain our representation, we will fight to achieve your goals in the most efficient and cost-effective manner possible. Our mission is to help you obtain the outcome you deserve. If you need quality legal support through these tough difficult times, our team of attorneys is here to help you.

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New York State's Residency Requirement

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Before you can file for a divorce in New York State, you must be able to satisfy the residency requirement.  In order for the Court to have jurisdiction over your matter, one of the following requirements needs to be satisfied:

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• One spouse or both spouses have lived in New York State for a continuous period of at least two years prior to the date of filing for divorce

• One spouse or both spouses have lived in New York for a continuous period of one year prior to filing for divorce and the marriage was performed in New York or spouses lived in New York State as a married couple

• One spouse lived in New York for a continuous period of one year and grounds for divorce occurred in New York

• Both spouses are New York residents on the date the divorce action is filed and grounds for divorce occurred in New York

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Basis For Dissolution Of A Marriage

 

Couples obtaining a divorce in New York State have the option of filing for a no-fault divorce or fault based divorce.

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In October of 2010, New York State became the 50th state in the United States to enact no-fault divorce. Under this law, a party may obtain a no-fault divorce when you cite an irretrievable breakdown in the relationship for at least 6 months. Essentially, a no-fault divorce entails that the spouse pursuing a divorce does not have to prove grounds for the divorce. Each spouse can request that their marriage dissolves simply because that is what they desire.  When a marriage is irretrievably broken, it may be impossible for the couple to repair the marriage or reconcile.

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If you do not want to file for a no-fault divorce, spouses can file for a fault based divorce using any of the following grounds:

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• Cruel and inhuman treatment

• Abandonment

• Imprisonment

• Adultery

• Living separate and apart pursuant to a separation judgment or decree

• Living separate and apart pursuant to a separation agreement

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If you opt to pursue a fault-based divorce, the legal threshold to prove the fault can be very high and thus difficult to prove.

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No-fault divorce offers divorce litigants with a simple solution.  A no-fault divorce permits either spouse to commence a divorce proceeding without having to accuse the other spouse in court of adultery, abandonment, imprisonment, or cruelty which avoids unnecessary time and expense investigating issues which ultimately only prolong litigation and deter settlement between the parties. Divorces are stressful enough and the last thing you want to do is to drag out the proceeding for an unnecessary period of time.  Regardless of the reason for the deterioration of the marriage, it is more important to focus on the actual settlement terms.  Those settlement terms may include custody of the minor children of the marriage, child support, spousal maintenance, and equitable distribution of marital assets.

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Although a divorce may now be obtained in New York without requiring that one party was “at fault,”there are many other complex factors that must be considered and resolved in each case. If you and your spouse have children, issues like custody, visitation, and child support must be resolved prior to obtaining a divorce. Additionally, you and your spouse must come to an agreement regarding spousal maintenance and the distribution of any and all marital assets and debts. This can become complicated when you and/or your spouse have significant assets such as real estate, own a business, and have retirement accounts such as deferred compensation plans, 401k plans, pensions, etc.

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When New York State enacted the no-fault divorce law, the Legislature also passed laws affecting child support, spousal maintenance, and the payment of counsel fees. These new laws drastically affect how matrimonial cases are handled in New York State Courts. In some instances, the spouse with the larger income, also known as the “monied spouse," is required to pay temporary maintenance to the non-monied spouse. Another aspect of these new laws is that in some cases the monied spouse may be responsible for a portion of the other spouse’s attorney fees in an effort to balance the financial disparities between the parties.

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It is important to utilize the experienced divorce attorneys at Law Office of Dimitrios Kourouklis, Ph.D. in order to ensure that you receive all of the money that you are entitled to under New York State law. If your husband or wife is the monied spouse, our New York Divorce Attorneys will work hard to make sure that you receive temporary and long term spousal maintenance and are awarded the appropriate amount of counsel fees.

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Contact a Compassionate and Dedicated Attorney to Help You During Your Difficult Time

 

Finding a New York City divorce lawyer that can guide you through the transition ahead can relieve some of the stress and paperwork of dissolving a legal union. Ending a marriage with sound legal advice will empower you to move forward again.

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With a genuine interest in your unique situation, the Law Office of Dimitrios Kourouklis, Ph.D. has the most competent and compassionate divorce lawyers to help you choose the path that will get you where you want to be.  Contact us at 929-400-7608 or via email and gain the confidence of having someone you trust on your side of the table to help you during this difficult and stressful time.

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