Proven Strategies For Your Divorce
Our winning strategies and aggressive court representation will help you achieve the best results possible whether your case involves strong disagreements about child custody or complicated issues surrounding the marital assets. Cases that involve court hearings are called Contested Divorces.
For couples who are able to work through a low-conflict divorce process, we also offer Divorce Mediation services, allowing us to help guide you without court hearings. Other cases get resolved between spouses, and a lawyer is needed to simply craft the paperwork. These types of cases are called Uncontested Divorce.
Read more about these alternatives here on our website, or contact us today to discuss your case.
Contested Divorces: When Court Hearings Prevail
Aggressive and focused representation needs to move quickly in certain types of highly disputed cases. As a relationship deteriorates, people can find themselves in a conflict despite their best efforts to avoid a fight. It may be that the parties simply cannot find any common ground or that the case has some complex element to it that requires a judge to issue a ruling.
Sometimes a spouse will want to fight in court and can't -- or won't -- listen to the benefits of a low-conflict divorce. Often, highly-contentious cases can involve custody disputes, financial and asset litigation, or even criminal and Family Offense Petitions.
When a case calls for litigation (fighting in court) the pressure and emotion can be stressful and overwhelming. With backgrounds in national and international complex litigation, and solid trial experience, we understand the nuances of trial tactics. We handle cases involving asset protection and complicated discovery and disclosure issues -- often the heart of any case.
Contact us today to discuss your case.
What is an Uncontested Divorce?
In legal terms, if you both agree to divorce and you agree how to resolve any issues (like property division, custody, child support, etc.) then your divorce may be "uncontested." Your case is only considered "uncontested" if there is no need for further negotiations.
Divorce Mediation: Working To Find The Solution
Every divorcing couple must resolve their property, financial, and child-related issues before a divorce can become final. Traditionally, people turn to lawyers -- one for each person. With Divorce Mediation, you only need one mediator, an impartial party who is trained at facilitating your discussions and helping you resolve all issues so the divorce can take place.
According to experts, couples who see a Divorce Mediator -- instead of Divorce Lawyers -- are better able to work through their disputes about children and property because the mediation process blocks and discourages the regressive process. This means it keeps the parties from assuming child-like behaviors and instead encourages them to engage in adult decision-making and problem solving.
Questions about what's right for your divorce? Call us today to discuss your case. You can also use our online scheduler to set up a time!
Morghan Richardson, Esq.
In the News:
Featured on The Good Men Project: Custody tips for Dads: Top Five Things Involved Dads Should Know Before Court
Quoted in Forbes: Surprising Relationship Advice From Divorce Lawyers
Published in the Huffington Post: Every Woman Needs $5,000 in Her Own Account -- Even If It's a Secret
The Good Men Project: Child Support: Paying Your Fair Share or Funding A Spending Spree?
Quoted by DNA Info: Five Tips For Couples With Different Spending Habits
Frequently Asked Questions:
How long must we be separated prior to filing for uncontested divorce in NYS?
There is no required length of time that you must be separated before filing for an uncontested divorce. Under New York's No Fault divorce law, one spouse must affirm or swear that the marriage is “irretrievably broken for 6 months or more.” This does not mean that the parties must be separated for six months, only that the relationship must be broken for that long. If a couple has been married less than six months, then other grounds must be agreed on.
I served my spouse with papers, it's been over 4 months since this has happened, what do I do now?
It sounds like you qualify for a default divorce. This means that your spouse did not appear or Answer after s/he was served the Summons, so we will proceed with the divorce paperwork and submit the Affidavit of Service with your uncontested divorce package. This means you will get the divorce without your spouse cooperating or signing any papers.
What happens if I don't know where my spouse is located?
Divorce in New York requires that the Summons be personally handed to the Defendant. Sometimes, after a long separation, you may not know where your spouse is living. If, after a very diligent effort to locate your spouse, you still don't know where s/he moved, you can ask the Court to grant you "alternative service." There are different options for alternative service and we have perfected "service by Facebook." Still, this can be a tricky step to your divorce that should most likely be handled by a lawyer to insure that it is done properly so that service is valid.