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Queens Attorneys Offer Information on Divorce Law

Overview of divorce issues in New York State

The attorneys at Sager Gellerman Eisner Attorneys at Law hope the following information on divorce laws in New York State will help clarify some of the complexities of the divorce process. We encourage you to contact our law firm after reading these resources to ask your remaining questions about New York State divorce laws.

Our divorce attorneys help you make a fresh start in New York State

The attorneys at Sager Gellerman Eisner Attorneys at Law have decades of experience in all aspects of family and matrimonial law. You can reach us through our online contact form or call us at 347.625.1038 for a consultation. From our offices in Queens and Forest Hills, we serve clients in Nassau and Queens Counties and the New York City boroughs of Manhattan, Queens and Brooklyn.

What constitutes grounds for divorce in NY?

Since 2010, New York has been a no-fault state, which means that a couple can divorce simply when they have irreconcilable differences between them. However, a spouse may still seek divorce for things like adultery by their partner, abuse, abandonment or if the other partner has been incarcerated for three years after getting married.

Joint and shared custody in New York

Joint or shared custody in the state of New York is defined in terms of which parent the child lives with (physical custody), and which parent has the final authority to make decisions about the child (legal custody). Parents who share custody of a child must work together to come to an agreement about all of the decisions that must be made to ensure the child’s welfare and safety.

Do grandparents have custody or visitation rights?

Grandparents in New York can get visitation with their grandchildren only if the court decides that it is in the best interest of the child. Having a well-established, good relationship between the grandparents and the children can have an impact on the court's decision with regard the grandparent's rights and what is best for the child.

Fathers’ rights

In the course of the divorce process when child custody and support issues are being discussed, fathers can sometimes feel like their needs are not being addressed. Divorced fathers and never-married fathers who want to maintain a meaningful relationship with their children, establish amicable co-parenting agreements with their former spouse or partner and work out a fair financial maintenance arrangement need knowledgeable representation to protect a father’s rights.

Equitable distribution

New York is an equitable distribution state, which means that all of the property that a couple acquires over the course of their marriage is considered marital property, which gets divided by the judge. Unlike a community property state where assets get split down the middle, with equitable distribution it might be the case that one spouse gets more than 50 percent of an asset. More information about equitable distribution in New York can be found in Domestic Relations Law § 236(B)(5)(d), or speak to a Queens divorce attorney.

Civil unions and NY laws

Civil unions are a new area of law in New York. Ending a civil union is done via dissolution rather than divorce. Issues such as division of assets, child custody, and maintenance, which are governed by divorce law, can be complicated from the perspective of civil unions. Work with a Queens divorce lawyer who has experience with same-sex divorce issues in New York State.