Divorce in Queens

The divorce process can make even the strongest person feel lost, overwhelmed, or betrayed. Having competent legal representation, like the divorce attorneys at the Law Office of Vivien I. Stark, P.C., can make you feel secure in your current decisions and future well-being.

The Law Office of Vivien I. Stark, P.C. understands the challenges presented by the divorce process and its intricacies. That is why our attorneys take the time to meet with you and understand your specific divorce goals and needs. No two cases are alike, nor are there one-size-fits-all solutions for divorce issues.

Schedule a consultation with one of our Queen divorce attorneys at the Law Office of Vivien I. Stark, P.C. We offer a full-service family law firm with attorneys who are:

Driven to succeed;
Results-oriented;
Caring and empathetic; and
Critical thinkers and strategic organizers.

Do not hesitate to contact us in Queens today. Our attorneys can answer your most pressing questions about your divorce and help set your mind at ease.

How Can a Queens Divorce Attorney Help?

While no divorce is fun or easy, your Queens divorce attorney can help you through your divorce case in as seamless a way as possible. Our divorce attorneys use innovative, practical tools in solving divorce problems like collaborative divorce and mediation.

When these alternative dispute resolution methods are not an option or fail to reach a compromise, our divorce attorneys will not hesitate to prepare for trial. The attorneys at the Law Office of Vivien I. Stark, P.C. know that simply preparing for trial can achieve a settlement in some instances. If no settlement is forthcoming, your divorce attorney will present the strongest case available to you that protects your legal rights and preserves your assets.

The attorneys at the Law Office of Vivien I. Stark, P.C. have the resources to handle your complex divorce effectively and efficiently. We represent clients throughout the greater New York City area in all areas of divorce litigation, including, but not limited to:

Child custody and visitation;
Child support;
Spousal support and temporary maintenance;
High asset divorces; and
Equitable property distribution.

Call today and schedule your appointment with the divorce professionals at the Law Office of Vivien I. Stark, P.C.

New York’s Residency Requirements for Divorce

Before spouses can divorce in New York, one spouse must meet New York’s residency requirements. These are as follows:

The marriage occurred in New York, and one spouse has lived in New York for at least one year;
The couple lived in New York as a married couple, and one spouse has lived in New York for at least one year;
One spouse has lived in New York for at least two years;
One spouse resided in New York for at least one year, and the cause of the divorce arose in New York; or
Both spouses are New York residents, and the cause of the divorce originated in New York.

New York Now Allows No-Fault Divorce

After meeting residency requirements, the spouse filing the divorce must decide if they are filing on New York’s no-fault ground or one of its other six grounds for divorce. A no-fault ground for divorce simply means there is no need to state a reason for a divorce, only that the marriage is “irretrievably broken.” No-fault divorces are advantageous because they take the blame off of the parties and tend to be less contentious than divorces that take place for particular grounds or reasons.

New York still allows spouses to file a divorce based on one of six grounds. These are as follows:

Cruel and inhuman treatment;
Abandonment for at least one year;
Imprisonment for three or more years;
Adultery;
Living separately for more than a year after a legal separation; and
Living separately for more than a year.

Since New York adopted no-fault divorce, very few divorces use any of the above grounds. No-fault divorces have also contributed to cutting the number of divorce trials in New York to less than five percent.

Spouses agree upon most divorces. These are called uncontested divorces.

What is Uncontested Divorce in Queens?

Uncontested divorces are the least time-consuming and expensive of all divorces because the spouses agree to seek a divorce. They also agree on all other matters in their divorce case, such as:

Children;
Finances; and
Property.

Sometimes spouses are close to an agreement but need help finalizing a few minor issues. With the help of an experienced divorce attorney or mediator, spouses can usually settle their remaining matters and move forward with their divorce.

What is Contested Divorce in Queens?

In a contested divorce, one spouse or the other:

Does not want a divorce;
Disagrees about the grounds for the divorce; or
Disagrees about the children, finances, and property arrangements following the divorce.

It is advisable spouses settle as many of their issues as feasible. Otherwise, the court rules on matters for the spouses, and the results are not always practical for the spouses or their way of living.

Equitable Distribution of Marital Property

One of the most significant disagreements seen in contested divorces concerns the distribution of marital property. New York divides property between spouses equitably, meaning fairly, not equally. However, the court may use a fifty/fifty division as a starting point for equitable distribution of marital property.

Marital property is all property and assets acquired during the length of the marriage. It is irrelevant who holds title to marital property or who the primary user is of any marital property. Marital property belongs to both spouses.

Marital property does not include:

Property obtained before the marriage;
Gifts from third parties to a spouse;
Inheritance to a spouse alone; and
A personal injury award.

Refer any questions about a specific marital or separate property situation to an experienced divorce attorney as well as any questions about other contentious divorce issues, including, but not limited to:

Child custody and visitation;
Child support; and
Spousal maintenance and alimony.

Contact a Queens Divorce Lawyer

At the Law Office of Vivien I. Stark, P.C., our Queen divorce Lawyers offer the compassionate, confident legal services you deserve. We will guide you through your divorce using our decades of legal experience and the personalized attention you need to rebuild your future. Call the Law Office of Vivien I. Stark, P.C. and schedule a confidential consultation with a Queens divorce lawyer today.