Types of Divorce in New York
You and your spouse may no longer be able to live together, but if the two of you can agree on property division, custody/visitation, and support, you can file an uncontested divorce. If you and your spouse cannot agree on one or all of the issues between you, including asset/liability division and, of course, child custody, this is called a contested divorce. For a contested divorce, decisions on key matters are made by the court.
How is Property Divided After a Divorce?
Whether you engage in a contested or uncontested divorce, you are entitled to equitable distribution of marital property. For contested divorces, in determining a reasonable resolution, the court does not necessarily apply a 50-50 split. Rather, by weighing assets, liabilities and income, the court does its best to apportion marital assets fairly. I, Susan K. Duke, can provide you with further guidance on what is considered a marital asset and how courts tend to rule.
Can a Divorce Order be Modified?
If there is an issue with your divorce agreement, and you would like to petition the court for modification, I can assist with this process. I have the skill and knowledge necessary to identify issues present in a divorce order and can guide you through the process of seeking modification.
Contact Our Attorney for Your Divorce
You deserve qualified guidance through the steps of the legal process. You should not rely on advice from well-meaning friends who have been through a divorce themselves, as each case is unique. For all of your family law concerns, contact Duke Law Firm, P.C., to schedule a free half-hour consultation. We can be reached online or by telephone at 585-449-4987. Our offices are open Monday through Friday, from 9 a.m. until 4:30 p.m.
Flat fees are available for individuals seeking an uncontested divorce. Contact our firm for more information.