Embarking on a divorce can be one of life’s most challenging experiences. The myriad of legal, financial, and emotional considerations can often feel overwhelming. It’s at times like these that choosing the right legal partner becomes not just beneficial but essential. This is where Cedeño Law Group, PLLC steps in – your steadfast ally in navigating the turbulent waters of divorce with grace, precision, and utmost care. Contact us today.

Expertise You Can Trust

Navigating through a divorce requires a skilled partner. Cedeño Law Group, PLLC has years of experience, offering top-tier legal solutions tailored just for you. Every case is unique, and we treat it as such, providing personalized attention to ensure your specific needs are met.

Compassionate Advocacy

Your well-being is our priority. We’re more than lawyers; we’re your dedicated allies in this journey. Our team is committed to ensuring your voice is heard, and your rights are protected, offering legal representation and unwavering support through every step.

A Pathway to Hope

Facing a divorce is challenging but opens the door to a fresh start. With our expertise and compassionate approach, we turn legal complexities into pathways for new beginnings. You’re not alone – Cedeño Law Group, PLLC is here to guide you to a future filled with hope and opportunities.

Grounds for Divorce in NYC

If you’re considering a divorce in New York City, knowing the grounds or reasons the law permits for ending a marriage is crucial. We’ll explain these reasons in a simple, easy-to-understand way, so you can better navigate your next steps.

1. Irretrievable Breakdown

This is often referred to as a “no-fault” divorce. It means the relationship between you and your spouse has broken down for at least six months, and there’s no chance of getting back together. You agree that the marriage is over, and it’s time to move forward separately.

2. Cruel and Inhuman Treatment

If your physical or mental well-being is at risk due to your spouse’s cruel and inhuman behavior, you have grounds for divorce. This can include physical abuse, verbal abuse, or other harmful behaviors.

3. Adultery

Adultery is when one spouse has a sexual relationship with someone outside of the marriage. It can be a reason for divorce, but it might require proof to be presented in court.

4. Abandonment

If your spouse has left you for at least a year without intention of returning, this is considered abandonment. It provides a legal ground for obtaining a divorce.

5. Imprisonment

You can file for divorce if your spouse is in jail for three or more years. However, if your spouse was released more than five years ago, you can’t use this reason.

6. Legal Separation

You can get a divorce if you and your spouse have lived apart for at least a year under a formal written agreement (a separation agreement). Both partners must follow the agreement for the divorce to be granted.

7. Judgment of Separation:

This is similar to legal separation but involves a court judgment that requires spouses to live apart. If the partners have lived separately for at least a year following this judgment, either spouse can file for divorce.

Types of Divorces

Every divorce is unique and characterized by individual circumstances and nuances. Here, in NYC, we typically encounter the following types of divorces:

1. Contested Divorce

The situation can escalate when the parties disagree over the divorce or its terms, requiring meticulous legal navigation.

2. Uncontested Divorce

In an uncontested divorce, both parties mutually agree on all aspects; the dissolution process is expedited.

3. High Net-Worth Divorces

Involving extensive and valuable assets, these divorces can be complicated due to asset division and tax implications.

4. Same-Sex Divorces

Every marriage has unique challenges, and same-sex couples may encounter specific issues related to custody or state-specific laws. We have extensive experience in same-sex divorces.

How Cedeño Law Group, PLLC Can Help

Our seasoned divorce attorneys at Cedeño Law Group, PLLC, tackle each case with diligence, integrity, and personalized care. We are adept at adapting to various situations, ensuring that our clients receive bespoke legal solutions tailored to their specific needs and circumstances.

Mediation and Collaborative Approach

Some divorces necessitate a middle ground where both parties can come together to find amicable solutions. Our divorce attorneys are skilled in mediation and collaborative law, ensuring the divorce process is as smooth and conflict-free as possible.

Compassionate Service

We understand the emotional turmoil that comes with a divorce. Our team is dedicated to offering compassionate service, coupled with focused guidance, to help our clients confront the challenges that lie ahead.

Legal Expertise

Our legal expertise is recognized and respected with an Avvo 10.0 “Superb” rating and the Avvo Client’s Choice Award to our credit. Whether you’re facing a legal separation or a high-stakes divorce, we offer the clarity and support needed to move forward.

Average Divorce Timeline in NYC

Below is a general timeline to help you understand what to expect during a divorce, specifically tailored to the laws and procedures in New York City.

Step 1: Filing the Petition (1-2 months)

• Preparation: The divorce process begins with preparing and filing a petition. The person initiating the divorce (the petitioner) should gather all necessary documents and information.
• Filing: The divorce petition is then filed with the court. This document outlines the reasons for divorce and the proposed terms.
• Notification: The other spouse (the respondent) is served with divorce papers and has a specified response period.

Step 2: Response and Negotiations (1-3 months)

• Response: The respondent can agree or contest the terms presented in the petition.
• Negotiations: Both parties may enter negotiations to resolve disagreements. This phase can be quick with minimal disagreements or take a while if issues are contentious.

Step 3: Discovery (2-6 months)

• Information Gathering: Both parties exchange information regarding assets, income, and debts. It’s a detailed process and can be time-consuming.
• Examination: Financial and other pertinent records are reviewed. Experts may be called to evaluate assets or address custody issues if necessary.

Step 4: Pre-Trial and Settlement Efforts (1-3 months)

• Mediation or Settlement Conferences: Spouses and their NYC divorce attorneys attempt to settle disputes and reach an agreement to avoid trial.
• Pre-Trial Hearings: If an agreement isn’t reached, pre-trial hearings set the groundwork for the trial.

Step 5: Trial (3-12 months)

• Scheduling: The court schedules the trial; this can be lengthy due to court backlog.
• Trial: If no agreement is reached, the case goes to trial, where the judge decides on all contested issues.
• Decision: The judge issues a divorce decree outlining the divorce terms.

Step 6: Post-Divorce Details (1-2 months)

• Finalizing Documents: Divorce lawyers draft the final documents, and the judge signs the divorce decree.
• Implementation: Steps are taken to implement the decree, like dividing assets, setting up child support payments, etc.

While these are general steps, each divorce case is unique, so timelines vary. Having a knowledgeable NYC divorce lawyer by your side is crucial to navigate the complexities and help expedite the process where possible.

Why Hire Cedeño Law Group, PLLC

Going through a divorce in New York City can feel overwhelming. There are so many legal steps and emotional challenges to navigate. That’s where we come in. At Cedeño Law Group, PLLC, we’re here to make this journey easier and ensure your rights are fully protected.

We Know the Laws Inside and Out

Every divorce case is different and needs a unique approach. Our team is well-versed in NYC’s family laws. We ensure you understand your rights and options and develop a tailored plan.

We’re Your Emotional Support

Divorce can be an emotional roller coaster. We provide steady, unbiased advice to help you make wise decisions. Our lawyers also work to make the process as peaceful as possible, reducing stress for everyone involved.

Your Finances Are Safe With Us

Dividing property and money can get complicated. We’re experts in ensuring a fair split, considering all assets and financial needs. Whether it’s deciding on alimony or child support, we’ve got your back.

Your Kids Are Our Priority

When it comes to your children, their well-being is our top concern. We advocate for custody and visitation arrangements in your kids’ best interest, ensuring their needs are always put first.

We Make the Process Smooth

With our experience, we can speed up the divorce proceedings, saving you time and stress. We take care of all the paperwork and legal details, ensuring no mistakes that could complicate things.

Documentation and Filings

Lawyers ensure accurate preparation and filing of legal documents, preventing delays and complications arising from errors or omissions.

Ready for a Fresh Start? Let’s Make It Happen!

Divorce can be tough, but you’re not alone with Cedeño Law Group, PLLC. We’re here to guide and support you every step of the way. Our team is committed to making this process as smooth and stress-free as possible. Contact us today.

FAQs

How Do I Start the Divorce Process in NYC?

The process begins by filing a summons with notice or a summons and complaint with the County Clerk’s office. Having a knowledgeable family law attorney to prepare the necessary documents and guide you through the legal intricacies is often beneficial.

How Long Does a Divorce Take in NYC?

The duration varies depending on the case’s complexity, the court’s schedule, and the cooperativeness of both parties. Divorces can take a few months to a couple of years to finalize.

Do I Need to Prove Fault to Get a Divorce?

No, New York is a no-fault divorce state. You can file for divorce, citing an “irretrievable breakdown” of the marriage for at least six months, meaning the relationship is irreparably damaged, and no specific reason is needed.

How is Property Divided in a Divorce?

New York follows the equitable distribution law. Marital property is divided fairly but not necessarily equally, considering factors like the length of the marriage and each spouse’s income.

Can I Get Alimony?

Alimony or spousal support is determined by factors like the income of both spouses, the marriage’s length, and the receiving spouse’s needs. Each case is individual, and having an attorney can ensure a fair outcome.

How is Child Custody Determined?

The court considers the best interests of the child. Various factors are assessed, including the parents’ stability, the child’s relationship with each parent, and the parents’ ability to provide a safe and nurturing environment.

Do I Need an Attorney for a Divorce in NYC?

While it’s legally possible to divorce without an attorney, having one ensures your rights are protected, especially when dealing with complex issues like property division, child custody, and spousal support.

How Much Does a Divorce Cost in NYC?

Costs vary widely, including attorney fees, court costs, and other related expenses. It is advisable to consult directly with an attorney for a clearer estimate based on your specific case.

What if My Spouse Refuses to Sign the Divorce Papers?

You can still proceed with the divorce. The court can move forward and make decisions without the cooperation of the other spouse.