Penfield Divorce Lawyer

Penfield, NY Divorce Attorney

When two individuals in a marriage are unhappy with each other and can no longer continue living together, they may choose to get a divorce. A divorce is a legal process that severs the relationship between a legally bound couple. It allows each of them to remarry and address other issues, like child custody and division of assets. The divorce process does not always advance easily, but working with the right Penfield, NY divorce lawyer can contribute to making the process smoother and more stress.

If you are considering a divorce or have already decided to divorce, connect with the family law divorce attorneys at Trotto Law Firm. We understand divorce is unique and filled with challenges, which is why we take a tailored approach to every case we take on. We work with you to protect your rights as a divorcing New York citizen and will fight to help you achieve the best possible outcome for your case.

What Signs Indicate That a Divorce May Be Right For You?

Contemplating divorce is never easy, but certain signs may indicate that a divorce is the right decision for you. If you are experiencing any of the following, it may be time to reach out to a Penfield, NY divorce lawyer:

• You no longer feel like a valued member of the team with your spouse: If you feel like you are on opposite sides of the fence more often than not, it is difficult to continue living together in marriage. You enter a legally binding relationship to support one another, and when that support system is no longer there, it may be time to consider other options.
• You and your spouse have different goals and values: If you find that you and your spouse are constantly disagreeing on major life decisions, it may be difficult to continue living together happily. For example, if you want to start a family but your spouse does not, this could lead to serious conflict down the road.
• You are not happy in your marriage: If you find yourself constantly unhappy and feeling like there is no hope for the future of your marriage, you should look introspectively and see if any of these negative feelings are a result of your relationship. If you are truly unhappy and do not see a way for that to change, it may be time to consider divorce as a resolution.
• Your spouse has been unfaithful: If your spouse has cheated on you, it can be difficult to trust them again and continue living together in a happy, healthy marriage. While some couples are able to look past this situation and move on, others find it difficult to do so. Some even get burned again down the road with a second case of infidelity. Assess your comfort with what happened and their ability to be honest and transparent going forward before deciding whether to stay in the marriage.
• If you have been the victim of domestic violence: This is a serious situation in which you should reach out to the authorities as soon as possible. No one deserves to be the victim of domestic violence, and if you find yourself in this situation, please know that there is help available to get you out and start fresh.

What Different Types of Divorce Are There?

In New York state, there are two different types of divorce:

• Contested Divorce: A contested divorce is one in which the two parties cannot agree on one or more key issues, such as child custody, division of assets, or spousal maintenance. In these cases, the divorce will have to go to trial, where a judge will make the final decisions on these disputed topics. When a separating couple realizes that there are disagreements, they both must decide if the extra length of time and money is worth going to court or if they would prefer to try to negotiate an agreement outside of court.
• Uncontested Divorce: An uncontested divorce is one in which the two parties have come to an agreement regarding all key issues. This means they will not have to go to court and can instead file for an uncontested divorce. Uncontested divorces are typically quicker and cheaper than contested divorces, as they do not require a trial. Many people hope to file for an uncontested divorce. In reality, however, not all divorces can be uncontested. Sometimes, it’s important to consider whether you are agreeing to terms you will later regret down the road just to avoid going to court.

Key Considerations in a New York Divorce

There are several key things to keep in mind when going through a divorce in the state of New York. First, it is important to understand that New York is a no-fault divorce state. You do not need to demonstrate that your spouse committed a wrong in order to file a divorce because guilt or wrongdoing will not be assigned as a part of a no-fault divorce ruling. All you need to do is state that the relationship has irretrievably broken down and that there is no hope for reconciliation.

Second, it is important to understand that New York is an equitable distribution state. This means that all assets and debts that were acquired during the marriage will be divided fairly – but not necessarily evenly – between the two parties. The court will look at a variety of factors when determining how to divide assets, including each spouse’s income, earning potential, and contribution to the marriage. For example, if one spouse has a much higher income than the other, the court may award a much larger share of the marital property to the lower-earning spouse in an effort to help them with any financial obligations they have to the rest of the family and to maintain a similar standard of living after the divorce.

Third, it is important to be aware of the state’s child custody laws. In New York, there is no presumption in favor of either parent when it comes to child custody. Instead, the court will make a legally enforceable decision based on the best interests of the child. The court will consider each parent’s relationship with the child, work schedule, ability to provide a stable home life, and other crucial factors to help in their assessment.

Finally, it is highly recommended to consider alternative dispute resolution methods, such as mediation or collaborative law, when divorcing in New York. These methods can often help parties to reach an agreement without going to court, which can save time and money. This can overall improve the divorce process and help to preserve relationships, especially if there are children involved.

Getting a divorce can be a complicated process, and it is important to have a Penfield, NY divorce lawyer on your side who can help you navigate all of the legal proceedings efficiently.

What to Look For in NY Divorce Lawyers

Hiring an outstanding lawyer should be a priority when you are going through a divorce. After all, this is a complex legal process, and you will want to make sure that your legal support knows the ins and outs of divorce law like second nature. Here are some things to look for when hiring a divorce lawyer:

• Relevant legal expertise and experience: Ideally, you will want to hire a lawyer who has significant experience handling divorces in New York. No one wants to ask a presumed expert on a subject matter a question only to be told they don’t know the answer. When you are prospecting for the perfect lawyer, ask about their experience with divorce cases in New York specifically. If they don’t have experience, then you may want to keep looking.
• A good reputation: You will also want to make sure that you hire a lawyer who has a good reputation. Check online reviews and ask around to see what other people’s experiences have been like. Once you have narrowed down your options, you can even ask the lawyers themselves for references.
• Transparency and communication: It is important to ensure that you hire a transparent and communicative lawyer. Open communication helps the client/attorney relationship by building trust and ensuring that both parties are always on the same page. There should never be any surprises when it comes to your case, and you should always feel like your lawyer is keeping you in the loop.
• Compassion and understanding: Finally, you will want to make sure that you hire a lawyer who is compassionate and understanding. This is a difficult time for you, and you will want to make sure that your lawyer is someone whom you feel comfortable talking with and will respect when your mood is down, or you need a moment to collect yourself. Working with an attorney who only advances transactional, self-serving goals will make the process unbearable. Ensure you consult with any prospective attorney and do a gut-check of how they make you feel to ensure it is a good match.

The divorce process can be long and complicated, but having the right lawyer on your side can make all the difference. Look for these and other strong qualities when hiring the perfect divorce attorney for your family law cases.

FAQs About Penfield, NY Divorce Law

How Much Is a Divorce Lawyer in NY?

The cost of a divorce lawyer in New York will vary depending on the individual lawyer’s fees, as well as the complexity of your case. People who typically are intimidated by any legal costs need to be reminded of how much money is saved in the long-term by winning a divorce case. It is best to consult with a prospective attorney and ask about their rates before hiring them.

What Is a Wife Entitled to in a Divorce in NY?

A wife is entitled to a fair and equitable share of the marital property, which includes valuable assets and active debts acquired during the marriage. New York is legally an equitable distribution state, meaning that the court will divide the marital property in a fair and equitable way. As long as the wife has not engaged in any financial misconduct, she should be entitled to a fair share of the marital property.

Is NY a 50/50 State For Divorce?

No, New York is not a 50/50 state for divorce. As an equitable distribution state, the court will divide the marital property in a way that is fair and equitable – though not necessarily equal. This means that the court may award one spouse a larger share of the marital property if it is deemed fair and equitable under the circumstances.

Who Gets the House in a NY Divorce?

The court will award the house to one spouse or the other based on a number of factors, including each spouse’s income, the needs of any children involved, and each spouse’s contribution to the marital property. The court will also consider if one spouse would be able to afford to maintain the house on their own after the divorce. Sometimes, the court may order the house to be sold and the proceeds split evenly between the two spouses.

How Long Does a Divorce Take in NY?

The length of time it takes to get a divorce in New York will vary depending on the individual circumstances of each case. If the parties can reach an agreement on all issues, the divorce may be finalized relatively quickly. However, the divorce may take longer to resolve if the parties cannot agree on all issues. Sometimes it may take several months or even years to finalize a divorce.

Contact Trotto Law Firm Today

If you are considering a divorce in New York, it is important to have an experienced divorce attorney on your side. At Trotto Law Firm, we have extensive experience handling all aspects of divorce, including property division, child custody, and spousal maintenance. We will work tirelessly to help you reach a fair and equitable settlement in your divorce case. Contact our office today to schedule a consultation.