The laws in New York regarding divorce, annulment, and legal separation are complex. As an experienced divorce lawyer, Eric Gansberg can help you understand the laws and process for attaining a divorce, annulment, or legal separation. In addition, we can zealously protect your legal interests in these proceedings, whether an amicable resolution can be attained or adjudication in court is needed.
In New York, you must have grounds to obtain a divorce or an annulment.
Grounds for Divorce:
* Living Separate and Apart, Pursuant To a Legal Separation Agreement or Court Ordered Separation
* Adultery
* Cruel and Inhuman Treatment
* Abandonment In Excess Of One Year
* Constructive Abandonment (Sexual Abandonment) In Excess Of One Year
* Imprisonment
Grounds for Annulment:
* Fraud, Duress, or Coercion
* Lack of Mental Capacity
* Lack of Physical Capacity
* Prior Spouse Is Living (Bigamy)
We can assist you with your divorce, annulment, or legal separation. In addition to establishing grounds for divorce, many other issues must be addressed, including issues regarding children (child custody and visitation, and child support), marital property (classification and valuation issues), spousal support, and estate planning issues (revising wills and trusts).
Call us for more information regarding New York divorce laws, annulment laws, or legal separation laws, or to discuss your personal situation.
Services/Products
Division of Marital Property Attorney,Equitable Distribution of Marital Property,Marital Assets Classification - Business Valuation Issues
One of the most difficult challenges in New York family law is the equitable distribution of marital property.
The most prevalent property distribution issues are,Child Custody,Child Support,Classification- Is the Property Marital or Separate?,Divorce Decree or Settlement Modification,Post-Divorce Modifications,Spousal Support,Valuation- How Much Is the Property Worth?
In order to obtain a decree or settlement modification in New York, you must be able to demonstrate that a significant change in circumstances warrants a modification.
Typically, modifications to agreements are more difficult than modifications to court orders. In many cases involving agreements, you must demonstrate the substantial change that occurred was unforeseeable and not contemplated by the agreement.
What types of post-divorce modifications are available?
Many obligations imposed by the divorce decree are modifiable upon a significant change of circumstances affecting your ability to meet the obligations imposed, your needs, or those of children.
However, the vast majority of divorce modifications involve one or more of the following,Child Custody Modification or Child Visitation Modification,Child Support Modification /Spousal Support Spousal Maintenance Modifications
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