Navigating the complex and often emotionally charged world of divorce proceedings is never easy. In New York, divorces can be long and often involve a myriad of potentially damaging factors, whether psychologically, socially, or financially. As a result, individuals facing the prospect of divorce in New York need to be aware of the various circumstances that can be used against them in order to protect their interests and ensure a fair resolution to their case. Understanding the legal landscape of divorce in New York is a vital first step in safeguarding your future. However, the skilled help of a knowledgeable New York divorce lawyer can be invaluable in navigating this complicated process. At the Law Office of Richard Roman Shum, our experienced divorce attorney is well-versed in the intricacies of New York divorce law and can help you identify the circumstances that may be used against you in your case, while also advocating for your rights and interests. Contact us today at (646) 259-3416 to schedule a consultation and learn more about how we can help you through this challenging time. Fault-Based Divorce GroundsIn New York, divorce can be granted based on both fault-based grounds and no-fault grounds. Fault-based grounds require one party to prove that the other spouse engaged in certain behaviors that caused the breakdown of the marriage. Some fault-based grounds for divorce in New York include:
No-Fault Divorce GroundsNo-fault divorce allows couples to end their marriage without placing blame on either party. The spouse filing for divorce must state that the marriage has irretrievably broken down for at least six months. The court will not grant a divorce until the couple has resolved all other issues, such as property division, spousal support, child custody, and visitation rights. Procedure for Filing for Divorce in New YorkFiling for divorce in New York involves a series of steps, which include preparing and submitting legal documents, serving the divorce papers to the other spouse (or their attorney), and attending court proceedings. Preparing and Filing Divorce PapersThe first step in the divorce process is to prepare the necessary paperwork. The person filing for divorce (the plaintiff) must complete several forms, including a Summons and Complaint or a Summons with Notice. These documents explain the grounds for divorce, provide the necessary demographic information, and outline the desired terms for asset division, child custody, alimony, and other matters. The plaintiff must then file the divorce papers with the appropriate County Clerk in the county where they or their spouse resides. There is a filing fee associated with this process, which varies depending on the county. Serving Divorce PapersAfter filing the paperwork, the plaintiff must serve the divorce papers to the other spouse (the defendant) within a specific time frame, usually 120 days. The service must be carried out by someone other than the plaintiff, such as a professional process server, a friend, or a family member over 18 years old. The defendant must then respond to the divorce papers within 20 or 30 days, depending on the method of service. The response can be an answer, which contests the terms and grounds of the divorce or an acknowledgment in case an agreement has been reached. Attending Court ProceedingsIf the couple cannot reach a settlement through negotiation, mediation, or collaborative law, the case will proceed to trial. In court, both spouses, along with their attorneys, will present their evidence and arguments before a judge, who will then make the final decisions regarding divorce terms, such as property division, spousal support, child custody, and visitation rights. It is essential to acknowledge that the divorce process in New York can be a complex and emotionally challenging experience. Seeking the guidance of a qualified divorce attorney can minimize stress, facilitate an amicable settlement, and help protect your rights and interests during the process. Requirements for a No-Fault DivorceThe criteria for a no-fault divorce vary from state to state, but some common requirements may include:
Impact of Adultery on Grounds for DivorceIn New York, adultery is considered a ground for divorce but it can be challenging to prove in court. To succeed in claiming adultery as a justification for divorce, you must provide substantial evidence that your spouse engaged in sexual relations with another person during your marriage. This evidence must be clear and convincing, as suspicions or allegations are not enough. Gathering EvidenceThere are several ways in which an individual can gather evidence to prove that their spouse has engaged in adultery. Some common methods include:
Challenges in Proving AdulteryIt is important to note that even if you are successful in obtaining evidence of your spouse’s adultery, corroborating these findings in court can be difficult. New York law requires that adultery be proven through “clear and convincing” evidence, which is a high standard to meet. Additionally, proving adultery can involve revealing sensitive or embarrassing information about your personal life, which can be emotionally challenging. Due to the difficulties associated with proving adultery in New York, many people choose to file for a no-fault divorce, citing “irreconcilable differences” as their basis for seeking the dissolution of their marriage. Navigating the Divorce Process in a Domestic Violence SituationFor those who are involved in a case of domestic violence and are seeking to file for divorce, having a support system and legal representation when navigating the divorce process is important. The following steps can help in increasing the chances of a favorable outcome:
Establishing Substance Abuse or Mental Health as a Factor in DivorceFor substance abuse or mental health issues to impact divorce proceedings, the existence of these issues must be established and presented as evidence in the case. This may involve obtaining records of substance abuse treatment, medical records documenting mental health treatment, or testimony from witnesses who can attest to the problems. In some cases, expert witnesses, such as substance abuse counselors or mental health professionals, may be called upon to testify about the nature of the issues and their impact on the individual and the marriage. It’s essential for individuals involved in divorce proceedings with these concerns to seek experienced legal counsel who can help them navigate the process and present relevant evidence to the court. Working with Your Divorce LawyerOnce you have hired a divorce lawyer, there are several steps to take to ensure a productive working relationship:
By taking the time to find the right divorce lawyer, promptly providing them with all necessary information, and maintaining open communication, you can help ensure a fair and efficient divorce process in New York. Getting the Legal Help of an Experienced New York Divorce LawyerGoing through the complexities of New York divorce law can be an overwhelming and emotionally charged process. There are various factors to consider, including fault-based grounds, evidence requirements, and the difficulties of proving adultery or establishing mental health and substance abuse issues. It is crucial to be well-informed and prepared. Having the support of a skilled New York divorce lawyer can make a significant difference in achieving a fair and just outcome for your case. At the Law Office of Richard Roman Shum, we can provide the guidance necessary to navigate the intricacies of divorce in New York. Our experienced divorce attorney is dedicated to helping you understand and address the factors that may impact your case. You don’t have to go through this challenging journey alone. Contact us at (646) 259-3416 to schedule a consultation and let us guide you toward a more secure and positive future. via Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/what-can-be-used-against-you-in-a-new-york-divorce/
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AuthorAttorney Richard Roman Shum has dedicated his career to helping families navigate the complicated fields of family law and divorce law. His calm focused, and pragmatic approach helps clients understand their roles and responsibilities in a legal battle. To schedule a consultation about your family law matters, contact the Law Office of Richard Roman Shum at (646) 259-3416. FIND US ONLINE Bitly Box Diigo DropBox Evernote Postach.io Inoreader Instapaper Nimbus OneDrive OneNote Raindrop Todoist Toodledo Trello Tumblr Weebly Wordpress Blogger Google Drive Youtube Google Map Related Links About.me Behance.net Dribbble.com Taplink.cc Gravatar.com Carrd.co Minds Justpaste Issuu Linktr.ee Solo.to ArchivesNo Archives Categories |