• divorce-family-law

Contemplating Divorce in New York?

Child Custody
Child Support
Contested Divorce
Divorce & Separation
Orders of Protection
Parental Rights
Prenuptial Agreements
Postnuptial Agreements
Uncontested Divorce

At our firm, we understand that divorce can be a difficult and emotionally charged process for everyone involved.

As your chosen divorce attorney, we strive to play a significant role in guiding you through this challenging time.

Our dedicated team is committed to finding the right solution for you and your family and can help navigate the pitfalls and challenges of divorce, custody, and support.

Our ultimate goal is to achieve the best possible outcome for you and your family using a rational, reasonable, and collaborative approach.

“We believe that divorce can mark the beginning of something great…
a new life and a new start”

Elisa Treglia Esq.

What Will a Divorce Attorney Do For Me?

Encourage a Collaborative Approach

One of the most effective ways to resolve divorce issues amicably is through collaboration. A good divorce attorney will encourage both parties to work together to find solutions that benefit everyone involved. They will help you identify common goals, prioritize issues, and facilitate productive communication to reach a mutually beneficial agreement.

Collaborative divorce can help you avoid lengthy court battles, reduce stress, and minimize costs associated with divorce. A good divorce attorney will have experience in collaborative divorce and can guide you through the process.

Provide Legal Advice and Guidance

Divorce law is complex and can vary from state to state. A good divorce attorney will provide you with legal advice and guidance throughout the divorce process. They will explain your legal rights and obligations, and help you understand how the law applies to your specific situation.

Having a clear understanding of the legal implications of your decisions can help you make informed choices and reach an agreement that is fair and equitable for both parties.

Negotiate on Your Behalf

Divorce negotiations can be challenging, especially when emotions are high. A good divorce attorney will act as a neutral third-party and negotiate on your behalf to reach a mutually beneficial agreement. They will help you identify your priorities and advocate for your interests while also seeking to find common ground with your spouse.

Negotiating through an attorney can help to depersonalize the process and reduce the risk of arguments or confrontations between you and your spouse. It can also help to keep communication open and productive, which is essential for reaching an amicable resolution.

Help You Focus on the Future

Divorce can be an emotional and difficult time, and it’s easy to get caught up in the present moment. A good divorce attorney will help you focus on the future and consider the long-term implications of your decisions. They will help you create a plan that considers your goals and interests, as well as those of your spouse and children.

By focusing on the future, you can work towards a resolution that benefits everyone involved, rather than simply trying to “win” in the short term.

Provide Emotional Support

Divorce can be emotionally challenging, and it’s important to have a support system in place. A good divorce attorney will not only provide legal advice and guidance but also emotional support throughout the divorce process. They can act as a sounding board, offer advice on how to cope with the emotional toll of divorce, and refer you to other resources such as therapists or support groups if needed.

Having emotional support can help you navigate the divorce process more effectively and reach an amicable resolution.

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Frequently Asked Divorce Questions

  • Divorce: Do I need a lawyer?

    Divorce law can be complicated, so it’s always advisable to meet with a lawyer – even if you believe your divorce will be uncontested. If you and your spouse have already resolved all financial and parenting issues, you may be able to file an Uncontested Divorce Forms Packet.

  • Are you entitled to Spousal Support? (a.k.a Alimony)

    The New York State Courts have developed a complex formula for determining Spousal Support. They include the salaries of each Spouse, length of the marriage and other factors.

  • What are the grounds for seeking a divorce in New York State?

    There are several grounds under which a person may seek a divorce from his or her spouse. The following grounds are based upon the “fault” of one of the parties:

    • Cruel and inhuman treatment
    • Abandonment for one or more years
    • Imprisonment for three or more years
    • Adultery

    The “no-fault” grounds are as follows:

    • Irretrievable breakdown of the relationship
    • One year of living apart under a separation agreement
    • One year of living apart under a judgment of separation

  • What is the difference between a Contested and an Uncontested Divorce?

    Uncontested: Your divorce will be uncontested if both you and your spouse:
    • Want to get a divorce
    • Agree about what will happen with your children, your finances, and your property after the divorce
    If your divorce is uncontested, and you and your spouse have reached an agreement on all financial and parenting issues, you may use submit the Agreement together with the Uncontested Divorce Forms Packet.

    Contested: Your divorce will be contested if either you or your spouse:
    • Do not want to get a divorce
    • Disagree about the grounds (legal reasons) for the divorce
    • Disagree about what will happen with your children, your finances, and your property after the divorce

    Because the judge will require detailed information to decide the issues you disagree about, your contested divorce will require you and your spouse to go to the Supreme Court numerous times. If your divorce will be contested, you should seriously consider finding a lawyer to represent you.

  • In a divorce, who gets the house?

    In New York State, neither spouse automatically gets the House. Whether the house is to be sold or not depends on the overall picture of the finances of the Couple. It also depends on who is the owner. Some houses are bought before the marriage and that spouse then retains ownership after the divorce. This is a complex issue that requires thorough research, discussion, and the assistance of an attorney.

  • What is the difference between marital and separate property?

    Marital property is all property acquired during the marriage – regardless of how title is actually held. Separate property includes all property acquired before the marriage and also includes inheritance [regardless of when received], gifts from third persons, compensation for personal injuries [regardless of marriage]and property acquired after the start of an action for divorce.

  • What is the difference between legal custody and physical custody?

    Custody has two parts: legal and physical.

    Legal custody: the right to make major decisions about your child. This includes where your child goes to school, what kind of religious training a child receives, and whether your child gets surgery.
    Physical custody: who the child lives with on a day-to-day basis. A parent with primary physical custody is sometimes called the “custodial parent” or the child’s “primary caretaker.”

  • What are the guidelines for child support In NY?

    Child support amounts have been mandated by the Courts in New York State. They are: The residential Spouse gets 17% of the non-residential Spouse’s gross yearly income minus social security for one child. For two children, the number is 25%. For three children, 29%. For four or more children, the amount is 35%.

  • What is the age at which child support ceases?

    The age at which child support ceases is 21, although this differs in custody and visitation issues where the age of majority is 18. But, for purposes of the parental support duty, the age of majority remains at 21. A Court may at its discretion deviate from the basic child support obligation if the Court finds that the non-custodial parent’s pro rata share of the basic child support obligation is unjust or inappropriate.