What is New York No-Fault Divorce?

What is New York No-Fault Divorce?

divorce family law

New York is one of many states that is known as a “no-fault” divorce state. It is a place where you should get Garden City lawyers to work with you to figure out the particulars of the divorce process that you are working through. Doing so can help you figure out how to best proceed with your case as it moves through the system.

What is a No-Fault Divorce?

One of the first things that your divorce lawyer Garden City will let you know is that New York is a no-fault divorce state. What this means for you and your family lawyer Garden City NY is that you do not have to prove a reason why you are divorcing your partner outside of the fact that the two of you have differences that you are unable to resolve at this time. In other words, it is not necessary for your Garden City divorce attorneys to go out of their way to prove that you had committed adultery or some other violation of your marriage in order to get the divorce.

The fact that divorce law Garden City NY is written this way makes it easier for couples that are not getting along well to go their separate ways. Honestly, this is a great thing for society in the sense that couples that have no business staying together are finally able to call it quits without having to come up with a reason to do so. However, keep in mind that the court will not grant a no-fault divorce to either party unless and until all of the other financial issues have been resolved, either by written agreement, or court order. 

How Does a No-Fault Divorce Work in New York?

Various issues will be determined by the court during the course of this process. The court will first identify the assets, arrange for certain of the assets, such as real estate, pension, and businesses, to be valued by experts.  Once they are valued, the court will determine how certain assets will be distributed. 

Why You Need a Lawyer

If you have been wondering what to do following word that you may be going through the divorce process soon, please get in touch with us and allow us to explain the next steps in the process. We firmly believe that we can explain it in ways that will make sense and will bring you some inner calm about the whole situation. We want to be your Family lawyer Garden City NY.

There are many reasons why you need to contact a lawyer if you are going through the divorce process. At Fass & Greenberg, the process of getting started on a divorce is something that we look at very closely. We want to make sure our clients understand the work that we do for them, and the necessity for thorough preparation. We aim to provide the highest quality work for every client that retains us.  Our aim for our clients is that they walk away from the transaction quickly and happily. When a quick resolution is not possible, we work very hard with our clients to minimize the conflict and focus on making sure they walk away with what is most important to them, whether it is their house, their pension, or their business, if possible.  We help them understand that everything is a trade off and although nobody can have it all, they can negotiate for what they value most. When there are children involved, we do our best to guide our clients into taking all steps that are in the children’s best interests. 

If you have been wondering what after finding out that you may be going through the divorce process in the near future, please get in touch with us and allow us to explain the next steps in the process. We firmly believe that we can explain it in ways that will make sense and will bring you some inner calm about the whole situation. We want to be your Family lawyer in Garden City NY.

word asset tangible and intangible

Those who are going through a divorce must ask themselves what they can do to work on the distribution of tangible and intangible assets they have accumulated during their marriage.  Garden City divorce attorneys can go over these details in greater depth with you, but the important thing to remember is that both types of assets must be distributed to the couple in a way that is fair to them. Figuring out precisely how to fairly distribute them is often difficult. 

Equitable Distribution

In the event the parties cannot reach a settlement among themselves, they rely upon the court to assist. The role of a court is to determine an equitable distribution of the couple’s assets. Your divorce lawyer in Garden City will do everything that he or she can to try to win a fair distribution for you, but they lose control over the distribution once it is in the hands of the court. This is the way that Divorce law Garden City NY works, and people simply have to accept the fact that if they are unsuccessful after many rounds of negotiation, a disinterested third party will determine their fate. 

What Kind of Factors are Considered?

There are a number of factors to discuss with your family lawyer Garden City NY before you ever get into the courtroom. You will want to make sure you stand the very best chance possible of coming out with a winning outcome. This means, you need the court to consider:

  • Loss of health insurance benefits due to divorce
  • Length of the marriage
  • Age of each spouse
  • Tax consequences for all parties involved
  • Any wasted assets

These, and many other factors, are the critical factors considered by the court.  It seems that there are many things that you will want the court to pay attention to when you are going through a divorce, and you should be prepared to provide support for your position. 

Distribution of Marital Property

At the onset of your case, you need to identify all of the tangible and intangible assets which will have to be distributed.  Examples of tangible assets are houses, cars, bank accounts, and retirement benefits.  Intangible assets are a spouse’s interest in a business, stock options, partnership interests, and present value of a defined benefit plan. These assets often require the services of expert appraisers to determine their value.  There comes a time when Garden City lawyers will explain which assets need to be professionally valued and will recommend various experts depending upon the nature of the asset. The services of Garden City lawyers are particularly useful in this part of the fight because they can help make sure you get your fair share of the assets that are to be divided. You don’t want to leave it up entirely to a court that may not have your best interests at heart. Instead, you need to turn to the help that you can get from Fass & Greenberg for the assistance that you require.

You don’t want to leave the valuation and distribution of assets to chance. Instead, you need to speak with a qualified attorney who knows what they are doing and who is willing to go the extra mile to help you get the help that you need to come out of this situation with the assets that are most important to you. 

It is definitely the case that many people are going to suffer emotional damage when they go through a divorce, but it may be possible for a better outcome to come out of all of this when they speak with the right kind of attorneys who know the ropes and can help you come out on top.

divorce

Divorces are often heated and difficult to navigate. Both parties are sometimes highly charged emotionally and even the simplest issues can become powder kegs very quickly. It is important to hire Garden City divorce attorneys as soon as you realize that you might have a situation that is headed towards divorce.  Our law firm will be able to step in and assist you through this potentially devastating process.  

Divorce Law Garden City NY is Complicated

The average layperson can easily be overwhelmed by the amount of work that goes into preparing a divorce case. It is not easy for anyone to understand everything that goes into a divorce, not the least of which are those who are actively trying to work through one. If you have found yourself in a position where you might need to go through a divorce, make sure you look for a divorce lawyer in Garden City right away. 

The courts are designed to stand in the middle between battling couples and help figure out how to resolve the disputes that they may have. The court will do its best to work things out in a manner that is fair to both sides, but someone almost always ends up feeling like they got the short end of the stick in these situations. Try as they might, judges are not always able to do as much to resolve a situation as they might have hoped. 

Before it Gets to Court

One thing to keep in mind is the fact that not every case necessarily needs to end up in court. A New York mediation attorney may be necessary before you end up all the way inside of a courtroom. In fact,  mediation is always a great place to start, because the court strongly encourages the parties and their attorneys to engage in meaningful settlement negotiations before taking up any of its time. 

Courtrooms are designed to be used by those who are simply unable to resolve their disputes in any other way. This may seem to be the case for some couples, but most are able to work things out in some respect before they get to court. 

Court is Not Ideal for Anyone

You might think that you would like to have your day in court against someone who you are no longer in love with, but you probably don’t actually want to attempt this. The problem with going to divorce court is that it is expensive, lengthy, and rarely leaves anyone feeling happy with the outcome. Many people go with the assumption that they will somehow overcome the odds and end up with a better outcome than the many other people who have gone to court seeking the same thing. Of course, this is unrealistic and does not actually play out that way. 

Here at Fass & Greenberg, we will tell you that using a meditation lawyer NY is a better way to go. It can protect you from the worst outcome of having to go and spend a lengthy amount of time in a courtroom somewhere. No one truly wants to do that, and that is why you need to take action now to try to get your divorce resolved before it spirals into something more serious. No one has time to deal with the pettiness of grievances that come up in the midst of court hearings.

Protect your time, your money, and your sanity by using a lawyer that can help you resolve whatever you need to resolve in your divorce case as soon as possible. You will be thankful that you took this route when it is all said and done. There is no better feeling than getting something like this put behind you once and for all. 

mediation

Filing for a divorce is never easy, despite the reasons that led to the split. In addition, it can be time-consuming and costly, especially if both parties have hired attorneys. Considering a mediation attorney in New York is a very encouraging way of resolving conflicts.

Divorce mediation is a good alternative to litigation. Couples work with a neutral mediator to solve issues without involving the court. The role of the mediator is to help both parties reach an agreement. And even though divorce mediation is not free, it is much more affordable than going to court. That does not mean you cannot hire an attorney in New York. A lawyer still plays a significant role, such as explaining the rules and procedures to be followed in mediation. With that said, is mediation right for all divorce cases? Not really. Take a look at situations where mediation may not be a good idea.

One Spouse Does Not Want a Divorce

You cannot expect a partner that has refused to admit the marriage is over to negotiate in good faith. If your partner disagrees with your decision to divorce, negotiations will not work. A New York Mediation Attorney will strongly advise you to consider commencing an action for divorce, and let an experienced litigator advocate for you.

You Are Afraid of Your Spouse or Currently Experiencing Domestic Violence

If you are in such a situation, it is wise to consult with a lawyer. Trying to leave an abusive spouse is likely to make situations worse. You might also need a temporary restraining order, and this is not something that a mediator can help you with. Because of this, even if you want to try out mediation New York, it will not work.

A History of Domestic Violence in Marriage

Mediation means couples will be spending hours together in one room trying to work through marital issues. But if there is a history of violence in such a marriage, it is highly likely that one or both spouses will not communicate freely and cooperate. If the abuse happened a long time ago, but you want to give mediation a chance, first consult with a NY Mediation Attorney. A lawyer can walk you through how to defend yourself with confidence and ensure you can freely say what you want to without fear.

There Is an Imbalance of Power

If one spouse has always held more power in marriage in terms of finance or any other issues, mediation may not be ideal for you. Mediation requires both parties to work together on an even playing ground. But when one spouse takes charge of the conversation, bullies the other or withholds important information, there will be an imbalance of power. If you still want to proceed in such a situation, at the very least, hire a meditation lawyer NY. This is a person that will not only give you legal advice but also review the written agreement before signing and ensure you are getting a fair settlement.

Why Hire an Attorney?

Even if mediation is right for you, you should still hire Garden City mediation attorneys. Here is how they can help:

  • Prepare you for the mediation session
  • Help you with choosing a mediator unless it is the court choosing one for you
  • Explain how mediation works
  • Advise you when deciding on potential settlements
  • Review the final settlement and confirm that all details are in order
  • Prepare divorce papers after reaching a settlement

Are you thinking of a mediated divorce? Reach out to Fass & Greenberg, LLP. Our team of attorneys are experienced mediators that work toward a fair settlement for both parties. Give us a call today, and we will help you find a solution outside the courtroom.

man giving alimony to his ex-wife at home

Alimony is a type of support that a court may order one spouse or former spouse to pay to the other spouse or former spouse. The purpose of alimony is to help the economically disadvantaged spouse maintain his or her standard of living after a divorce.

Alimony may be ordered for a set period, or it may be ordered as permanent support, which is extremely rare in the State of New York. The factors that a court will consider are statutory calculations which are based upon both of the spouse’s respective incomes.  The length of the alimony award is based upon statutory guidelines, based upon the length of the parties’ marriage.

Some ways Garden City lawyers can help to maximize the amount of alimony you can receive include:

1. Make sure that you can prove that your spouse can pay alimony. This may include providing financial records or other documentation.

There are a few reasons why providing financial records or other documentation to prove your spouse can pay alimony may be important. First, if there is any disagreement about the amount of alimony that should be paid, this documentation can help to show what your spouse is capable of paying. Second, if you are asking for an increase in alimony payments, having financial records or other documentation to show your spouse’s current income and assets can help make your case. Finally, if you are ever faced with enforcement action against your spouse for failing to make alimony payments, having this documentation on hand can be very useful.

2. Showing that you need alimony and that your spouse’s income is significantly higher than your own.

Perhaps the most important factor in deciding if you are entitled to alimony is the difference in your incomes. If your spouse earns significantly more money than you do, the court will likely order them to pay alimony. This is because the court wants to ensure that both spouses can maintain a similar standard of living after the divorce. Additionally, if you have been out of the workforce for a significant period of time, or if you have young children, the court may also consider these factors when determining if you are entitled to alimony.

The burden of proving your spouse’s income can be significant if he or she is not a w-2 employee.  Determining the income of a self- employed spouse with significant cash receipts can be costly and sometimes impossible if there are not accurate records maintained by the business.  In those cases, a forensic accountant can be employed to perform a lifestyle analysis, which may better indicate the true source of income of said spouse.

In addition, where a spouse is intentionally not living up to his or her potential or abilities, income can be “imputed” to that spouse in order to better determine the appropriate level of alimony.

3. Family Lawyer Garden City NY can request a longer term of alimony payments, if possible.

There are several reasons why requesting a longer term of alimony payments may be important. For example, it can provide financial stability during a time of transition, help with the costs of raising children or allow a person to pursue education or training. Additionally, a longer term of alimony payments may be necessary to maintain the standard of living that was established during the marriage.

4. Agree to a lump sum payment instead of periodic payments, if this is an option.

When negotiating the terms of alimony, it is important to consider whether to agree to a lump-sum payment or periodic payments. There are advantages and disadvantages to each option, and the best choice depends on the individual circumstances of the divorcing couple.

5. Separation attorneys Garden City NY can negotiate terms that are favorable to you and that meet your unique needs and circumstances.

Fass & Greenberg practices Divorce Law Garden City NY and can help you with your alimony support case. Their team of Garden City divorce attorneys understands the unique circumstances of each case and can help you negotiate terms that are favorable to you and support your unique needs and circumstances.

If you are about to go through a divorce, one of the aspects a divorce lawyer Garden City will educate you on and help you with is alimony. In New York, alimony is referred to as spousal maintenance or maintenance. This is the payment to one spouse after another after a divorce. It is also only obtainable when there is an income disparity between divorcing spouses. Here is how it works in New York.

The Spouse Earning More Money Is the One Paying the Maintenance

It is important to note that the higher-earning spouse will be the one paying the alimony.

New York has 2 Types of Maintenance

There are two (2) types of maintenance, namely:

  • Pendente lite maintenance
  • Post-divorce maintenance

All these are calculated on the same formula, with the difference being the time the payments are made. Pendente lite maintenance is paid once the divorce has been filed. It is also called temporary maintenance. Once the divorce is finalized, the higher-earning spouse starts paying post-divorce maintenance. In all these types of maintenance, consult with Garden City divorce attorneys whether you are the higher-earning spouse or the lower-earning spouse. The lawyer will ensure you are either getting or sending the right amount.

In Accordance With New York Laws, Maintenance Is Calculated in A Two-Step Formula

All New York courts have to adhere to the stated guidelines on calculating maintenance unless the results are inappropriate or unjust based on factors such as health, age, and standard of living. And while it may look easy, a lot of couples often fight over this. For instance, if the wife has a business, is she being honest about what she is doing? Or is she working to her full potential? Since such matters often lead to arguments, couples are encouraged to work with Garden City lawyers. Because they have experience, they can advise you on the best way to handle such situations.

When Children Are Involved

There are two formulas used to calculate maintenance. One applies to couples with children and the other one to couples without. Also, note that if couples have children who are supporting themselves or emancipated, the maintenance formula used here will be the same as for couples without kids.

Formula Based on Parties’ Net Incomes

To determine maintenance, start by calculating your and your spouse’s income. This is your most recent income, whether from your business or employment. New York laws permit one to subtract certain things from the gross income, such as local taxes, social security, and Medicare. Whatever is left is what is used to calculate maintenance.

The Formula Only Considers Income Up To $203,000.00

The court will not include combined additional income after $203,000.00 unless there are special considerations such as health, age, difference in earnings, and standard of living.  For high income earners, i.e., income above $250,000.00, the court will frequently calculate the amount of support above the cap, but rarely will it consider a cap above $350,000.00.

How To Calculate Alimony

Take a situation where the higher-earning spouse earns $250,000.00, and the lower-earning spouse earns $50,000.00 and there is one child involved.

Take 20% of the spouse earning more, (up to a cap of $203,000), which is $40,600.00, and subtract 25% of the spouse earning less, which is $11,543.75, and you are left with $29,056.25 then hold on to that.

The second part is where you take 40% of the combined income, which is 40% of $249,175.00 and you get $99,670.00. Now subtract the income of the lower-earning spouse, and you get $53,495.00.

The first step was $29,056.25 and the second was $53,495.00. You take the lowest number between the two, divide it by 12 months, and there you have monthly spousal support.

If the cap on the payor’s income was increased to $250,000.00, the amount of maintenance would increase to $35,870.53.

If there were no children involved, the 20% figure used above would increase to 30% of the payor’s income, and the amount of support up to the cap would be $51,665.00.  If the court were to increase the cap to $250,000, the amount of maintenance would increase to $61,886.42 per year.

While this may be a calculation you can do on your own, Divorce Law Garden City NY is never that straightforward. There will be arguments, and spouses are not always honest about their income.

How An Attorney Can Help

You should hire separation attorneys Garden City NY, whether you are the higher-earning spouse or the lower-earning spouse. Matters of spousal maintenance always led to arguments and deceit. Lawyers ensure that you are paying or receiving the right amount. In addition, they walk you through any special considerations that may help you receive more maintenance than what your spouse is offering.

If you are looking for a Family Lawyer Garden City NY, get in touch with Fass & Greenberg, LLP. We are a NY family law firm that can help with issues with alimony. Call us today and let us walk you through the process to ensure a better outcome.

grandmother cuddling bonding

When a relationship doesn’t work out between a couple, it is much more difficult when there are children involved. Even if the relationship ends amicably, parental access can be a challenge. Garden City divorce attorneys know that even the seemingly simplest of events, such as pick-ups and drop-offs can take time to get used to. 

Legal separation attorneys will tell clients that there are things that can be done to keep a cool head when dealing with custody and parental access matters. Below are some tips that can help a former couple co-parent.  Getting on the right track is crucial for the young people involved.

Communication
Sometimes a parent will go out of their way to avoid all communication with the other parent, especially in contentious separations. Occasionally, a parent will even send messages to the other by way of the child instead of making a phone call themselves. This is not the responsible way to convey a message.

Separation attorneys Garden City NY know that the easiest way to keep the peace between parties in conflict is their ability to communicate. The next several years that the two parents share custody will be much smoother if the adults are able to work things out by talking through it. Adjustments will need to be made, and being able to talk and listen to the other person will set a great example for the children.

Consistency
Having wildly different family dynamics in each household can be confusing for children. Permissiveness at one parent’s house, and strict discipline in the other parent’s house could create resentment. Both parents need to stay on the same page to reduce disruption as much as possible. 

Flexibility
You never know when something will pop up, like vacations, family events, doctor appointments, or school functions. A minor schedule change should not start a riot. Being flexible shows a willingness to work together for the greater benefit of the child, not the parent’s desires. 

Kid-focused.
Moving on with life does not mean there still won’t be bouts of anger or times of animosity between two people who brought life into the world. It would be less work to stay mad and even talk poorly of the other parent when the children are around. 

However, this is a very unhealthy way to get on with life. The parents should keep a narrow focus on children’s needs. Garden City lawyers can help parents with this. If a couple can agree to always put the interest of the child first, that’s the best basis of a co-parenting relationship. If not, it may be time to call a family lawyer Garden City NY.

Teamwork
The reality is, the two are going to be in each other’s lives for a very long time. The way co-parenting goes has a big impact on the little people involved. If parents are playing against each other, no one wins. 

Keeping a solid front with decision-making, rules, schedules, and even education will bleed over to disagreements. If they’re already on the same page, it’s faster to work out the kinks.

When Co-parenting Hits A Snag
If you find that things are just too difficult and that remaining civil with your former partner is causing too much stress, take a breath. What you’re dealing with is something many others are struggling with, too. While custody and visitation arrangements typically get better with time, you may need a referee for now.

A divorce lawyer Garden City might be the best way to handle parental access. Make a plan with Fass & Greenberg and we will help you get to a better place for your children. 

getting a divorce

Most people are simply not prepared to go through the rigors of a contested divorce. They believe that all they need to do is leave it to the lawyers to file the paperwork, attend the hearings, and make the decisions. In reality, a divorce  also involves a party’s personal behavior, which makes everything in their life fair game for evidence, according to Garden City divorce attorneys. And, most importantly, that includes anything someone is producing, writing, commenting, and photographing on social media.

Too Much Information is Available Now

Unlike 10 or 15 years ago, most people are closely connected to social media. Whether it be from common tools like Twitter and Facebook to more esoteric channels like Discord and Vine, social media is here to stay, and people produce a tremendous amount of information about themselves daily. All of that information, unfortunately, can be used by an opposing attorney as evidence to support an argument in a divorce case. For example, if a party is arguing in divorce court that he or she is strapped for income, but then posts all over Twitter and TikTok their getaway with friends in Las Vegas, the splurging activity visible is not going to go well when brought up by Garden City lawyers. This scenario is repeated again and again because of careless social media posting. 

Legal Tips on What to Avoid with Social Media When Divorcing

Per legal separation attorneys, not participating in social media is probably the best strategy to follow once a divorce is started. However, that may not be practical for many people who rely on social media for their networking and social interests. So, if the activity needs to continue, family lawyer Garden City NY experts recommend the following:

  • Avoid deleting anything already posted. This could look like you’re trying to destroy evidence once the divorce is started, which can get a person in real hot water with the court.
  • Change all passwords so any potential shared account is shut off from the divorce partner.
  • Set all accounts to private so that only the parties you want to see the posts see them, not anyone happening to find your social media site.
  • Avoid any new negative commentary about family, whether it be the divorcing partner or relatives. Even opinions about how someone is behaving badly can backfire.
  • Follow the newspaper rule – If you can’t handle what you post being a headline in the newspaper the next morning, don’t write or post it at all. That includes being in any photographs of your own or friends. If friends are thinking of including you in their posts, ask them not to. Instead, try to be like that celebrity who avoids the press. The less out there, the less they have to talk about.
  • Don’t discuss anything about your divorce with others aside from your attorney. Anything you say to others, even in online meetings or audio channels can be recorded and come back to you, and those people can be called as witnesses.
  • Don’t assume your work account and channels are immune. They are not only accessible by an opposing attorney, but your activity can also be seen as non-work related and can get you in trouble with your employer.
  • Consider help from a reputation company. While it won’t remove damaging material already online, it could bury the material with a constant stream of generic, positive content approved by your attorney. That makes searching for content harder online and improves your overall digital picture to others.

Again, the less said, posted or displayed, the better off a divorcing party is from a divorce lawyer Garden City perspective. In general, practicing good etiquette online is always advised, but it’s even more important when engaged in a divorce and with an opposing counsel actively looking for your vulnerabilities to use in court. Don’t make it easy for them to win a case against you. Fass & Greenberg LLP can help clients proactively avoid social media traps. As a divorce law Garden City NY resource, our offices regularly deal with these issues and how our clients can avoid them.

divorce decree paper

Garden City divorce attorneys Fass & Greenberg talk about the legal differences between an uncontested divorce and a contested divorce.  What is the definition of the two terms? Why should you try to aim for an uncontested divorce?  What should you do in any divorce situation?  Read this blog to find out. 

What Is an Uncontested Divorce?

Parties who wish to terminate their marriage without court intervention can do so provided they are able to put their emotions aside and treat one another with civility.   It does not necessarily mean the two spouses will remain friends when everything is settled.  But the ability to reach an agreement without court intervention bodes well for their future post- divorce relationship.   In order to reach a fair agreement, they must each be honest about their respective finances and provide full disclosure to one another.   They must also be able to agree about custody and parental access if there are children involved.

When and Why Should a Couple Aim for This?

An uncontested divorce is best in any circumstances, but particularly when children are involved.  Any way you look at it, divorce is painful on everyone, especially the children.  However, when the divorce is not protracted, there is less stress for the children involved.

Another plus is that the legal costs for both parties are considerably less.  This makes life better for everybody too says family lawyer Garden City NY, Fass & Greenberg.  Whenever possible, couples who are facing divorce should strive for the civil option.

Is It Possible to Have an Amicable Divorce?

Yes, providing both parties put their egos and emotions aside and proceed to discuss the terms in a civilized manner.  In such a settlement, the terms are negotiated in good faith outside a courtroom.  If you choose to remain friends after the divorce, that is even better.

Please be aware that you really ought to still have a lawyer present.  Good legal separation attorneys know how to move forward with an amicable divorce and ensure things remain civil.  If you feel this situation applies to you, call Fass & Greenberg right away.

What Is a Contested Divorce?

A contested divorce is the kind where a couple is unable to reach agreement on issues such as support, property distribution, child custody, counsel fees, and exclusive occupancy of the marital home without court intervention.

Most contested cases do not proceed to trial.  However, the longer it takes for the parties to settle, and the more exposure they have to the judicial system, the greater the amount of anxiety, conflict, and legal fees for each.  There are some cases which cannot be resolved without a judicial decision.  Even then, a disgruntled party can appeal the court’s decision, which means more anxiety, conflict and legal fees.  In that case, most likely after the case is over, the two parties will never wish to see each other again.  This can be traumatic for the children and really ought to be avoided at all costs say the Garden City lawyers.

Some Steps to a Civil Divorce Are as Follows

  • Avoid pinning blame on each other
  • Concentrate on the broader picture instead of short-term solutions
  • Make it a point to negotiate all terms in a peaceful manner
  • Create a suitable parenting plan that benefits the children
  • Try to settle things out of court, but please do still have a good lawyer by your side
  • Negotiate living arrangements for both spouses and decide who will live where

Divorce Lawyer Garden City NY Has Some Advice

You may want to know how a lawyer can help if the two spouses decide on an uncontested divorce.  The role of a lawyer in such a case is to advocate for the client, but in a civilized manner.   Sometimes the lawyer for your spouse can be a bear when negotiations start, then suddenly your ex is having doubts about certain issues. 

Having your own attorney by your side is critical to preventing things from going sour.  He or she can also assist in finalizing all solutions and getting them down on paper.  Even when divorce proceedings do not go to court, all divorce agreements are required to be in writing, and you must choose a lawyer who is capable and experienced in drafting such agreement.

What Must You Do Now?

No matter which way you decide to go in a divorce case, your first step must be to contact divorce law Garden City NY experts, Fass & Greenberg.  They can handle your case on a remote basis and be at your side when the proper time comes.  If you are facing divorce, call them immediately!

family crime

A family offense involves a crime committed by the perpetrator against a relative or another person with whom he/she has an intimate relationship with. The perpetrator may or may not have been married to the victim of this crime. Other than that, the perpetrator may or may not have a child with the victim. Some of the crimes defined statutorily as a family offense are stalking, assault, disorderly conduct, menacing, harassment, etc. 

Aggravated Family Offense

An aggravated family offense involves someone committing specific misdemeanors in a five-year period of being convicted of another misdemeanor. This offense is a Class E felony that was made into law in 2012. The purpose of this offense being made into a Class E felony is to limit offenders’ repeat misdemeanor domestic violence. Before this was made into law, those offenders with misdemeanors could coast through the legal system without a real penalty.

Now, such offenders could be convicted and face state prison sentences and felony charges. Furthermore, judges may take into consideration any protection order violations and firearm possession or use history when it comes to new bail provisions. 

When a family offense occurs, the victim may request an order of protection which can be issued by the family court or a criminal court. This could be a limited order of protection (referred to as a “refrain”), or a full order of protection (referred to as a “stay away”).  A full order of protection requires the family offense perpetrator to stay away from the victim, aka the Petitioner in the Court”. The perpetrator must also refrain from any communication with the victim, including text messages, phone calls, Facebook contact, emails, and more. 

A limited order of protection allows the perpetrator to contact the petitioner. However, he/she must not engage in any more criminal activity toward the victim (petitioner). 

The judge will see the petitioner if this person goes to the family court or criminal court to file a family offense petition, and requests immediate (“ex parte”) relief. Upon hearing the petitioner, the judge decides whether the allegations warrant immediate relief.  If so, the judge will issue a temporary order of protection, which will be served upon the respondent who will be required to appear in court within a few days.   

Upon the scheduled return date of the petition, the respondent may appear and respond to the petition’s allegation. The next step will be to resolve the case or proceed to trial. 

How an Attorney Can Help

With an attorney working for you, they will help you understand the whole process of filing paperwork, proceedings, and any possible litigation process. You will have an attorney working hard to ensure they file all required paperwork, meet strict deadlines, and properly attend to any needs and representation. They will also work with making a fair arrangement with you and your ex. 

It is imperative to have a reliable attorney working on your behalf. It is easy to omit important information necessary to obtain the relief requested from the court, or to miss a deadline for filing. If any one of these incidents occurs, you may look at more costs and have a case that takes longer to resolve. 

For More Information

For more information about the family offense and your rights and protection, contact Fass & Greenberg today. Located in Garden City, NY, these attorneys have advanced expertise in litigating, mediating, drafting agreements, and more to help you and your current situation. 

As separation attorneys Garden City NY, they can assist you with Order of Protection paperwork, agreements, child custody, visitation, and more. With over 35 years of being Garden City divorce attorneys, they can work wonders with litigating parties. So, with these traits and more, they are amazing divorce attorneys.

And when it comes to taking legal action, these litigation attorneys Garden City will use every necessary measure when taking your case to family court. The Family Lawyer Garden City NY will guide you step-by-step on whether you are the respondent or petitioner, and whether you go to trial or settle. 

With the family lawyer Garden City, NY, you can’t go wrong. So, contact these Garden City lawyers today!

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Lawyers for Divorce, Separation, Child Custody, Support, Property | Attorneys Primarily Serving Nassau & Suffolk Counties, Long Island, New York
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