Bronx Divorce Lawyer
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Going through a divorce can be difficult on a personal level. That difficulty can be elevated by potential legal complexities in how the division of property will be resolved in the final settlement. Moreover, that resolution will go a long way towards determining the quality of life for a spouse in the years to come. That’s why it’s important to have an experienced Bronx divorce attorney handling the negotiation and—if necessary—litigation, in a settlement.
Attorney Jayson Lutzky is one of the most experienced divorce lawyers in Bronx, NY and has handled challenging divorce settlements that number in the thousands in an award-winning career that goes back to 1985. With Attorney Lutzky you get thoughtful experience, aggressive advocacy, and a sharp, detail-oriented paralegal team to handle your case.
We work with clients throughout the Bronx and the surrounding areas in NYC, and serve both the English and Spanish-speaking communities. See what our past clients have to say about working with one of the best divorce attorneys in the Bronx.
What Are the Requirements to File for Divorce in New York?
Before you can file for a divorce in New York, you must:
- Have legal grounds for divorce
- Meet NY residency requirements
To learn more about what these requirements are, review the NY Courts divorce requirements.
How to File an Uncontested Divorce in NY
To begin the uncontested divorce process after you have determined that you meet the above requirements, you must:
- File for divorce.
- Serve the defendant (your spouse).
- Await the defendant's response. If your spouse agrees to and signs the “Affidavit of Defendant” upon being served, they are essentially agreeing to the divorce and not wanting to contest anything being asked of them within the divorce paperwork.
- You can then move on to calendaring and filing the papers at the County Clerk's office.
- You must then await approval from a Judge who will sign the official judgment, finalizing your divorce.
Even in the simplest of uncontested divorces, it is still critical to retain legal representation. Not only will this ensure that all of your necessary paperwork is filed properly and on time, it can also help protect your rights, especially in the event that you end up needing to contest anything.
Fill out our easy, online free consultation request, regardless of whether or not you think you will have an uncontested divorce. Bronx divorce lawyer, Jayson Lutzky can help make sure that you are prepared for any situation.
Is New York a No-Fault Divorce State?
New York is a no-fault divorce state, meaning couples do not need to prove fault to file for divorce. In this type of divorce, the couple must indicate their reasons for wanting the divorce, such as irreconcilable differences or a marriage breakdown.
- After filing for divorce in New York, couples may have to wait up to a year before the court hears and finalizes their case.
- During that time, both parties must follow all orders set out by the court related to custody, assets, and debts.
What is a Contested Divorce?
A contested divorce is a situation where spouses cannot reach an agreement on one or more key issues, such as child custody, property division, or spousal support, and as a result, they require court intervention to resolve their disputes. This type of divorce can be emotionally and financially draining, as it involves a lengthy legal process that often requires the expertise of a skilled divorce lawyer.
In the Bronx, individuals facing a contested divorce can benefit greatly from the guidance and representation provided by a knowledgeable divorce lawyer. These legal professionals specialize in family law matters and possess a deep understanding of the intricacies involved in divorce cases. They will ensure a fair resolution and minimize the stress associated with the legal proceedings.
Marital Property vs. Separate Property in New York
The first part of a property settlement is to determine what is separate property and what is marital property. New York state law on this is clear, but applications in individual cases can be more muddled.
- Separate property - These assets belong exclusively to one spouse,
- Marital property - These are the assets that the spouses own it jointly.
How is Marital Property Determined?
New York law says that the property which a spouse owned prior to the wedding date is separate, meaning it reverts to them in a settlement. That’s straightforward enough. But certain types of property have ownership that is harder to define.
Common examples of complicated marital property situationsin NY
- 401(k) Accounts
- A prime example would be a 401(k) account that a spouse had prior to their marriage. They continued working in the same job after the wedding, and their retirement savings grew accordingly. Is the account marital property or separate property? The answer will be a little bit of both. The value accumulated prior to the wedding is still separate, but that which came afterwards is marital.
- Real Estate
- Another example might be a house that was owned by one spouse prior to the marriage, but had additions put on that were financed with marital property. Again, the value will have to be shared.
Why Should I Hire a Bronx Divorce Lawyer?
A good Bronx divorce attorney will be networked with a valuation expert, who can help identify how much the already-accumulated value on the wedding date contributed to any growth that took place afterward for either scenario.
The assets which are defined as marital property are then subject to what New York law calls equitable distribution.
Please be aware that this does not mean that assets must be divided 50/50. It simply means that the division ought to be equitable.
How do the Courts Determine Equitable Distribution of Assets?
In a settlement case that goes to trial, a judge will look at factors, such as:
- the length of the marriage;
- their respective ages;
- the health of each spouse;
- whether or not certain assets can be divided at all (i.e., ownership of a family business or a home where children will continue to live and grow up); and
- whether a spouse will have responsibilities, such as caring for elderly parents that may restrict their ability to earn a living after the divorce.
Proven & Tough Bronx Divorce Lawyer on Your Side
The issues that are involved in property settlements are a divorce can be complex, and they can be difficult to work through on a personal level. We can’t make the personal pain any easier, as much as we’d like to.
What Attorney Jayson Lutzky and his dedicated staff can do is make sure that all our clients get the peace of mind that comes from knowing every last detail of their settlement is being combed over and fought for.
Ready to file for divorce in NY? Reach out to our Bronx divorce lawyer at (718) 550-2881 or contact us online to set up a free consultation.
"He was knowledgeable, patient and confident."- Nelson Q.
"Jayson is a different type of lawyer who has a good heart!"- Patrick G.
"A fighter and great defender at a reasonable price."- Juan R
"Very good experience thank you for your help."- Lawrence L.
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