Dissolution of Marriage
Divorce or Separation
Divorces, whether they be fast or drawn out, amicable or hostile, all have one thing in common, they are never easy. In fact, divorce can be one of the most difficult things you will have to go through. That is why Catherine E. Miller Attorney at Law has set out to be a different kind of divorce lawyer in Hauppauge. Not only will our divorce attorney provide you with the legal support that you need throughout the entire process, but we will also provide you with the compassion and understanding you need to get through your legal separation or divorce with your head held high. When you talk to your peers about your divorce, you will probably hear many stories about previous divorces, some of which will be good, while others will be bad. It is important to note that, while the law remains the same for each case, every couple has their own priorities and circumstances that will alter the outcome.
Grounds for Divorce and No Fault
Prior to 2011, the State of New York required all couples seeking divorce to demonstrate why, otherwise known as grounds for divorce. Abandonment, cruel and inhuman treatment, incarceration and living in separate households for at least a year after signing a separation agreement are all considered to be grounds for divorce. In 2011, “irretrievable breakdown of the marriage” was added by the New York State Legislature, which allows either spouse to pursue a divorce if he or she believes that the marriage has been irreparable for at least six months.
Each spouse has certain rights and obligations during a divorce. For example, the breadwinner of the family will be responsible for paying certain expenses, like child support and/or maintenance and, in some cases, their spouse’s counsel fees. The custodial parent is obligated to foster a relationship with the other parent of their child.
In addition to all of the other hoops you will need to jump throughout your divorce settlement, you will also need to allocate and distribute your assets and debts, and to do so, your assets will first need to be identified. If you and your spouse cannot reach an agreement regarding the distribution of your assets and debts, it will be up to the court to determine an equitable distribution for you. Keep in mind that there are many factors that determine equitable distribution, and it won’t always be even. Factors that can affect equitable distribution include income, length of marriage and contribution to the expenses and assets.
Get the support you need!
Divorce is rarely easy or straightforward, but luckily, you don’t have to go through the process alone. Our divorce attorney in Hauppauge, Catherine E. Miller, has been serving clients who are just like you for over twenty years now, and she will provide you with the legal support and compassion you need to get through the entire process with your head held high. Whether you are seeking divorce or legal separation, we are here for you. Contact us today to schedule your free consultation.