Divorce proceedings are not only emotionally challenging but also legally complex in many cases.
If you are dealing with a divorce matter, it is essential to understand the nuances of your case and the potential implications that you may face. For the past decade, Attorney Elena has been guiding clients as a New York Complex Divorce Lawyer through these difficult situations with sensitivity and discretion.
Elena, as a New York Complex Divorce lawyer proficient in handling complex cases, including cases involving substantial assets and international divorces. While Elena’s office is currently in Queens she assists as a Lawyer people in divorce cases in Manhattan, Brooklyn and Queens.
One of the first considerations as a New York Divorce Lawyer involves determining which state or country has jurisdiction over the matter. For a court in to hear a case New York must have Divorce Jurisdiction.
There are a few ways to establish New York Divorce Jurisdiction and meet the New York State residency requirement:
Both you and your spouse are residents of New York State on the day the divorce is started and the grounds for your divorce happened in New York State.
New York differs from some states in that it allows for both fault-based and no-fault divorces. There are several grounds under which a spouse can pursue a fault-based divorce, including abandonment for one year or more, adultery, inhuman and cruel treatment, imprisonment of one spouse for three or more years, and living apart pursuant to a separation agreement or decree. Conversely, if a person wishes to seek a no-fault divorce, he or she must merely allege that the marriage has been irreparably broken for at least six months. Elena can advise you on the benefits and detriments of a fault-based divorce and a no-fault divorce and help you determine which path is more appropriate for you.
Assets distribution is one of the most contested issues in a New York divorce. Attorney Elena can assist you involves how marital property should be divided. Under New York law, any marital assets are subject to equitable distribution in a divorce. Equitable distribution does not require the court to divide marital property equally. Instead, any marital property, which is property acquired by either spouse during the duration of the marriage, will be divided in a manner that the court deems fair and just, unless the parties have contractually agreed to a different arrangement. Factors weighed in determining what constitutes an equitable distribution include each party’s income and earning potential, the duration of the marriage, the health of each party, and whether either party is awarded spousal maintenance.
