Divorce Litigation

New York Divorce Litigation

In New York, a divorce begins when a spouse files for an Action for Divorce and the other spouse is served. In some instances, the parties might have already arranged a written agreement (“pre-nuptial agreement”) which, if both parties agree on all the terms, can be settled without a trial. In the event that the divorce leads to disagreement on any number of issues including division of property issues, the rightful amount of child support or maintenance (“alimony”), or custody rights, the divorce will go court for litigation. The Law Office of Jayne L. Brayer has a reputation of integrity and skill in navigating the New York divorce litigation process.

The first aspect of divorce litigation is writing a proper complaint to be filed with the court. A complaint alleges the grounds and creates the “cause of action.” A complaint that is lacking in dates and details can be dismissed for failure to state a cause of action. If a party avoids service or fails to answer the complaint, a default judgment may be a possibility.

Temporary maintenance may be an option for the less financially situated spouse. If you are expecting to need temporary maintenance or seeking to protect and minimize costs, attorney Jayne L. Brayer can advise you of your options.

There may be disagreement as to the grounds of the divorce. The historical grounds have been cruel and inhuman treatment, abandonment for one or more years, imprisonment for three or more years, and adultery. More recently, New York has added a “no-fault” ground, which allows for a party to acquire a divorce in the event the relationship has “broken down irretrievably” for a period of at least six months. This last showing is much simpler to show, but an aggrieved spouse may still want to contest the action on the grounds or on details of child custody or financial matters.

The litigation will involve both parties and their respective counsel making evidentiary showings so the court can properly divide property and determine amounts of child and spousal support. Division of property refers to the allocation of separate property to its respective owner and subsequently the “fair” division of marital property. Experienced New York family law attorney Jayne L. Brayer will work diligently to protect your interests and ensure you receive all property to which you are entitled.

During the process of litigation, your objectives are the driving force behind our strategy. Jayne L. Brayer has over 16 years of civil litigation experience, and her reputation for compassionate personal representation is extensive. This means you will have the information you need to make important decisions, and we will tailor our approach to the case to ensure it achieves your individual needs and goals. Oftentimes emotions can derail out-of-court proceedings or lead to regrettable decisions, which is why it is so important to hire a divorce attorney who has the experience to guide you through this difficult time.

Located in the Bronx and Westchester County, the Law Office of Jayne L. Brayer serves clients in all New York communities including Yonkers, New Rochelle, Mount Vernon, Brooklyn, Queens and the Bronx, as well as communities in Orange County and Rockland County. Contact us to schedule your confidential consultation by calling (347) 691-3690, or by using our online contact form. We are able to accommodate your schedule and can arrange for evening or weekend appointments or home visits. The Law Office of Jayne L. Brayer has the compassion, skill, and experience to advocate for your interests and achieve your goals.