The Trotto Law Firm, PC represents clients in all aspect of their divorce action. Every divorce is unique and has its own set of challenges. We are able to meet our client’s unique needs and craft a specific approach to their specific situation.
In October of 2010, New York State became a No-Fault Divorce state. In other words, one spouse states under oath that the marriage has irretrievably broken down for a period of six months or more. Parties no longer have to prove grounds of: cruel and inhumane treatment, adultery or abandonment, or be legally separate for one year or more.
Once a spouse alleges specific grounds, the ancillary issues must be resolved before a Court can sign the Judgment of Divorce to divorce the parties. Ancillary issues include equitable division assets and debts, spousal maintenance (alimony), child custody, and support.
In the event an emergency situation arises, parties can seek immediate relief from the court by filing a Motion. Common emergency requests are temporary spousal maintenance, an order of protection, sole custody and/or child support. In some situation, the Court will award a spouse attorney fees.
If you believe that your spouse hiding assets or wastefully spending, it is very important to file for divorce. Upon the filing of the Summons and Complaint in the county clerk’s office, the divorce action commences and Automatic Orders are put in place effectively freezing all of the parties’ assets. Any new assets or debts acquired by either party shall remain that party’s separate property.
The Trotto Law Firm, PC will take the necessary approach to resolve your divorce. We are experienced litigators and can fight for legal rights in Court and guide you through the Collaborative Law process.