Divorce Lawyer in Manhattan & Brooklyn
When that moment comes where reconciliation is out of the question, the very last thing you want to do is to drag the process out or fight another day with your spouse. At the Law Office of Inna Vernikov, we understand that a painless and quick a divorce is the best option for spouses wishing to go separate ways. In order to file for divorce, you must have grounds, in other words, a legally acceptable reason for the court to grant you a divorce. In the state of New York, there are seven grounds for a divorce: irretrievable breakdown, cruel and inhumane treatment, abandonment, imprisonment, adultery, judgment of separation, and a separation agreement.
Irretrievable Breakdown: A no-fault divorce is effectively permitted by a new ground added on October 12, 2010, if the relationship between husband and wife has broken down irretrievably for a period of at least six months.
Cruel and inhuman treatment: If your physical or mental health is in danger if you continue living together. However, if the abusive treatment happened more than 5 years ago, you cannot divorce for this reason.
Abandonment: If your spouse “abandons” you for at least one year.
Imprisonment: If your spouse goes to jail for three or more years. However, if your spouse was released more than 5 years ago, you cannot divorce for this reason.
Adultery: If your spouse commits adultery. However, if you encouraged your spouse to commit adultery, forgave your spouse by having sexual relations with them after you discover the adultery, committed adultery yourself, or if it has been more than 5 years since you discovered the adultery, you cannot divorce for this reason.
Judgment of Separation: If you and your spouse have not lived together because of a “Judgment of Separation”, granted by the Court, for at least one year.
Separation Agreement: If you and your spouse have not lived together because of a written and acknowledged separation agreement after living separate and apart for more than one year.
Our attorneys are exceptionally capable and experienced at handling divorce matters, including trials and settlement negotiations, and we can effectively advise and assist in both contested and uncontested divorces.
A divorce is uncontested when you and your spouse reach an agreement on all terms. Even in uncontested divorces, where both parties agree to divorce, there may be disagreements over issues such as child support or custody, spousal maintenance, or division of assets. Typically, most divorces start as contested and eventually shift into an uncontested divorce through the process of negotiation when both parties are in agreement with issues that may involve property, money, and parenting. The process of filing an uncontested divorce can be tedious and time consuming. Our highly qualified NYC divorce attorneys will guide you through this entire process while protecting your best interests in efforts to pursue the most favorable resolution.
If you and your spouse are unable to reach an agreement resulting in no consent on both sides, this is known as a “contested divorce.” The process of a contested divorce begins with the “Plaintiff” filing a summons and complaint in court. Shortly after, your spouse, the “Defendant,” will be served the summons and complaint by a process server. If the defendant resides in the state of New York, he/she has 20 (twenty) days to formally respond to the served documents. If the defendant is served outside the state of New York, he/she has 30 days to respond. If served outside of New York, the defendant has 30 days to respond. If the defendant does not respond within the given period, the plaintiff can request for a default divorce from the court. Once the divorce process starts and the parties appear in court, parties can either settle all their issues and be granted a divorce judgment or the case will eventually proceed to trial.
In an NYC contested divorce, it is essential that one hires a competent divorce attorney to protect his/her best interests in order to increase the chances of a positive outcome. Contact Law Offices of Inna Vernikov, PLLC at (212) 729-3497 and let our Brooklyn and Manhattan divorce attorneys provide you with the best knowledgeable legal representation that you need when filing for a divorce.
