If you are planning or expecting a divorce or separation in New York, you will need an experienced professional advocating for what is rightfully yours. At the Law Office of Jayne L. Brayer, you can find a seasoned New York divorce attorney committed to providing you the highest quality legal counsel and compassionate support during this difficult time.
Divorces can be a complicated process, and an attorney can help ensure that your interests are protected. We can aid you during any part of the divorce process:
- The lead up to a separation or divorce and initiating proceedings;
- During the divorce litigation; and
- After a divorce in resolving violations of divorce orders
- Negotiating child support, custody and maintenance (alimony)
Understanding New York Divorce Law
New York recently reformed its Domestic Relations Law and has become the final state to adopt a no-fault divorce standard. This standard does away with the requirement of needing a reason for the divorce. You can file for a divorce for grounds including cruel and inhuman treatment, abandonment for one or more years, imprisonment for three or more years, and adultery. Under the no-fault standard, you can acquire a divorce if the marriage has “broken down irretrievably” for a period of at least six months, or you have been living apart for one year or more under a separation agreement signed by the parties or a separation judgment issued by a court.
With this development comes a change to the process for temporary maintenance awards, or support paid by the higher income party to the lower income party during the time that a divorce case is pending. The amount of the award is determined by a formula that takes into consideration a number of factors, including: the length of the marriage, the difference in incomes of the parties, the age and health of the parties, the past and future earning capacity of the parties, and more. Furthermore, a spouse unable to afford legal representation for the divorce can also apply to the court for certain legal fees at the end of the divorce process. Whether you are seeking support or looking to guard your interests or assets, we can help.
The Divorce Process
The divorce process begins with filing a Divorce, annulment, or separation Summons or Summons and Complaint in the Supreme Court of the State of New York. After such filing you will need to locate the former spouse and acquire jurisdiction on them by serving them a summons.
Once a divorce action has begun, automatic restraining orders apply to the filing party immediately and to the defendant as soon as he or she is served with the summons. The restraining orders prevent either party from transferring assets.
During the litigation process, you will be required to give careful and immediate attention to all finances, properties, and titles in detailed and thorough manner in order to preserve your property interests. The Law Office of Jayne L. Brayer has 20 years of courtroom experience and can help you be sure that you have fully complied with this appraisal step.
At the end of the divorce, the court will issue a divorce decree with several short-term and long-term orders for you and your ex-spouse. You will want an experienced family law attorney to review and explain the terms to ensure your interests are served.
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. Attorney Jayne L. Brayer is known for the individualized attention she gives to each of her clients and for her dedication to serving her clients’ needs. Contact us online or by calling (914) 285-8434 to schedule your confidential consultation with a skilled and accomplished New York divorce attorney.