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Elder Law Attorney in New York
elder law

ELDER LAW ATTORNEY

The Role of an Elder Law Attorney in New York: Protecting Seniors and Their Futures As individuals age, they often face unique legal and financial

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Probate NYC Lawyers in 2025
Estate Planning

Probate NYC Lawyers

Probate Lawyers in NYC: Navigating Estate Administration in 2025 The loss of a loved one is a difficult experience, often compounded by the complexities of

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Revocable Trust NYC
Estate Planning

Revocable Trust NYC

Revocable Trusts in NYC: A Comprehensive Guide for New Yorkers Planning for the future is a critical responsibility, and for many New Yorkers, a key

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Will Lawyer New York
Estate Planning

Will Lawyer New York

Navigating Wills in New York: Why You Need a Skilled Will Lawyer Planning for the future often involves difficult decisions, but few are as important

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Will Lawyer NYC in 2025
Estate Planning

Will Lawyer NYC

Will Lawyer NYC in 2025: Your Guide to Secure Estate Planning Planning for the future is a responsibility we all share. In New York City,

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Estate Planning explained
Estate Planning

Estate planning explained

New York Estate Planning: A Comprehensive Guide for 2025 Estate planning, a vital aspect of responsible adulthood, involves preparing for the management and distribution of

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Child & Estate Planning
Estate Planning

Child & Estate Planning

Protecting Your Children’s Future: Child and Estate Planning in New York As a parent, securing your children’s future is paramount. This extends beyond providing love

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Probate attorney near me in New York 2025
Estate Planning

Probate attorney near me

Navigating Probate in New York: Finding the Right Attorney Near You (2025) Probate, the legal process of administering a deceased person’s estate, can be complex

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Wills vs. Trusts in NYC: Choosing the Right Estate Plan for You
Estate Planning

Wills and Trusts NYC

Wills vs. Trusts in NYC: Choosing the Right Estate Plan for You Regarding estate planning in New York City, a fundamental decision arises: Will a

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Protecting yourself and your partner
Estate Planning

Protecting yourself and your partner

Protecting Yourself and Your Partner: A Comprehensive Guide to Estate Planning in New York At Morgan Legal Group, we understand the complexities involved in safeguarding

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The importance of a living will
Estate Planning

The importance of a Living Will

Why a Living Will Matters in NYC: Your 2025 Guide As we move further into 2025, advanced healthcare planning has become more critical than ever,

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Medicaid Trust NYC
Estate Planning

Medicaid Trust NYC

Medicaid Trusts in NYC: Safeguarding Your Assets from Long-Term Care Costs For residents of New York City, planning for long-term care is a critical component

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Probate Lawyer Cost
Probate

Probate Lawyer Cost

Understanding Probate Lawyer Costs in NYC: A Clear Guide When facing the daunting task of estate administration in New York City, one of the first

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Estate Planning in NYC
Estate Planning

Estate Planning in NYC

Estate Planning in NYC: A Comprehensive Guide For New York City residents, estate planning is not merely a suggestion but a necessity. Indeed, living in

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Living Trusts in NYC: Your Expert Guide
Estate Planning

Living Trusts in NYC

Living Trusts in NYC: Your Expert Guide For New York City residents, planning for the future and securing your legacy is critical. Estate planning, therefore,

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Digital Estate Planning in New York
Asset Protection

Digital Estate Planning NY

Securing Your Digital Legacy: Digital Estate Planning in New York In today’s increasingly digital world, our lives extend far beyond the physical realm. We conduct

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Medicaid Planning and Asset Protection
Asset Protection

Medicaid Planning and Asset Protection

Safeguarding Your Assets: A Comprehensive Guide to Medicaid Asset Protection Trusts in New York for 2025 Preparing for long-term care can be an overwhelming process

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Understanding Divorce in New York

Divorce is the legal dissolution of a marriage by a court. In New York, divorce can be complex, involving various legal issues such as property division, child custody, spousal support, and more. Understanding the grounds for divorce and the legal procedures involved is crucial for a smooth and fair resolution.

Grounds for Divorce in New York

New York recognizes both fault-based and no-fault grounds for divorce:

1. No-Fault Divorce

A no-fault divorce is based on the irretrievable breakdown of the marriage for at least six months. This ground does not require proving wrongdoing by either spouse.

2. Fault-Based Divorce

Fault-based grounds for divorce include:

  • Adultery
  • Cruel and inhuman treatment
  • Abandonment for at least one year
  • Imprisonment for three or more consecutive years
  • Living separately and apart for one year under a separation judgment or agreement

The Divorce Process in New York

The divorce process in New York involves several steps:

1. Filing the Divorce Petition

One spouse (the plaintiff) files a Summons with Notice or a Summons and Verified Complaint with the court, initiating the divorce process. The other spouse (the defendant) must be served with these documents.

2. Responding to the Petition

The defendant has 20 days to respond if served in New York or 30 days if served outside of New York. The response may include counterclaims.

3. Preliminary Conference

A preliminary conference is scheduled to outline the issues that need to be resolved, such as property division, child custody, and support. The court may issue temporary orders during this phase.

4. Discovery

Both parties exchange financial information and documents during the discovery phase. This process is crucial for equitable distribution and support determinations.

5. Settlement Negotiations

Many divorces are settled through negotiations or mediation, where both parties agree on the terms of the divorce. If an agreement is reached, it is submitted to the court for approval.

6. Trial

If the parties cannot reach a settlement, the case goes to trial. The judge will make decisions on the contested issues and issue a judgment of divorce.

Key Issues in Divorce

Several key issues must be addressed during a divorce:

1. Property Division

New York follows the principle of equitable distribution, meaning that marital property is divided fairly but not necessarily equally. Factors considered include the length of the marriage, the income and property of each spouse, and contributions to marital property.

2. Spousal Support (Alimony)

Spousal support may be awarded to one spouse to provide financial assistance. The amount and duration depend on factors such as the length of the marriage, the standard of living during the marriage, and the financial needs and abilities of each spouse.

3. Child Custody and Visitation

Child custody decisions are based on the best interests of the child. Factors include the child’s age, health, and emotional ties to each parent. Visitation schedules are established to ensure the child maintains a relationship with both parents.

4. Child Support

Child support is calculated using New York’s Child Support Standards Act, which considers both parents’ incomes and the child’s needs. The non-custodial parent typically pays child support to the custodial parent.

The Role of Mediation and Collaborative Divorce

Mediation and collaborative divorce are alternative dispute resolution methods that can help spouses reach an agreement without going to trial:

1. Mediation

Mediation involves a neutral third-party mediator who helps the spouses negotiate and reach a settlement. This process is confidential, less adversarial, and often quicker and less expensive than traditional litigation.

2. Collaborative Divorce

In a collaborative divorce, each spouse has their own attorney, but all parties agree to work together to resolve issues without going to court. If the process fails, the attorneys must withdraw, and the spouses must hire new representation for litigation.

At Morgan Legal Group, we understand that divorce is a challenging and emotional process. Our experienced attorneys provide compassionate and knowledgeable legal assistance to guide you through every step. Here’s how we can help:

We offer personalized legal advice tailored to your unique situation and goals. Our attorneys will help you understand your rights and options under New York State law.

Comprehensive Representation

Our attorneys provide comprehensive representation, whether you are negotiating a settlement, participating in mediation, or going to trial. We are committed to protecting your interests and achieving a fair outcome.

Effective Communication

We prioritize clear and effective communication, ensuring that you are informed and involved throughout the divorce process. Our team is here to answer your questions and address your concerns.

Supportive Guidance

Divorce can be a stressful and emotional experience. We provide supportive guidance to help you navigate the complexities of divorce and make informed decisions for your future.

Conclusion

Divorce is a significant life event requiring careful legal guidance to protect your rights and interests. At Morgan Legal Group, we are dedicated to providing compassionate and professional legal services to help you through this challenging time. Contact us today to schedule a consultation with an experienced divorce attorney and ensure that your divorce is handled with care and expertise in New York.

Frequently Asked Questions

What are the grounds for divorce in New York?

New York recognizes both fault-based and no-fault grounds for divorce, including irretrievable breakdown of the marriage, adultery, cruel and inhuman treatment, abandonment, imprisonment, and living separately under a separation judgment or agreement.

How is property divided in a New York divorce?

Property is divided under the principle of equitable distribution, which means it is divided fairly but not necessarily equally. Factors considered include the marriage’s length, each spouse’s income and property, and contributions to marital property.

What factors are considered when determining spousal support?

Factors include the length of the marriage, the standard of living during the marriage, the financial needs and abilities of each spouse, and the age and health of both parties.

How is child custody determined in New York?

Child custody decisions are based on the best interests of the child, considering factors such as the child’s age, health, emotional ties to each parent, and the ability of each parent to provide for the child’s needs.

What is the role of mediation in divorce?

Mediation is a confidential process where a neutral third-party mediator helps the spouses negotiate and reach a settlement. It is less adversarial and often quicker and less expensive than traditional litigation.

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