Divorce laws vary by state. New York has its own divorce laws. The grounds for divorce in New York often vary from those in adjacent jurisdictions. Similarly, it follows that obligations for child support and marital property rights laws also vary from state to state. Laws are also frequently changed.
The 2018 Tax Reform Law will have a far-reaching impact on many aspects of divorce law, including the changes regarding the deductibility of maintenance and the elimination of tax exemptions.
In October 2010, New York state made several substantial changes in the areas of divorce and family law, including the addition of a new ground for divorce and the creation of a formula for temporary maintenance.
If you are considering a divorce (contested or uncontested) or separation, and reside in Manhattan, Brooklyn, Queens or anywhere else in the New York City metropolitan area, contact Andrew A. Bokser by calling 718-834-1904. Mr. Bokser will explain your legal rights and options and help you determine a proper course of action.
Handling Divorce In New York City And Long Island
A divorce can be obtained on a contested or uncontested basis. Generally, an uncontested divorce is appropriate when the parties have resolved all of their issues prior to starting an action. They can file the divorce papers in court and obtain divorce without the need to appear before a judge. When the parties cannot agree on all issues, they usually need to appear in court to resolve their differences.
Schedule a consultation with Mr. Bokser to see which route is best for you. A veteran New York matrimonial lawyer like Andrew A. Bokser knows the relevant New York family law, such as the specific grounds needed to obtain a contested or uncontested divorce, such as adultery, abandonment, cruel and inhumane treatment, or if a marriage is irretrievably broken for at least six months. He can also advise you about any recent changes made to divorce laws in New York and how they may affect you and your case.
Legal Representation To Address All Divorce Issues
At the law offices of Andrew A. Bokser, we provide legal representation for all matters related to divorce:
- Annulment — Either divorce or annulment has the effect of ending a marriage; however, annulments void the marriage as if it never existed. Annulments in New York state are granted in cases of fraud or duress. Mr. Bokser can review your situation and determine if this is an option for you.
- Appeals — If you don't like the outcome of your divorce or family court case, you have the right to appeal. Mr. Bokser can discuss your options and rights to appeal and perfect and argue your appeal.
- Please note: You have a limited window of time in which to file a notice of appeal. The time is usually 30 days after service of the final order.
- Separation agreement — Not all marriages end in divorce. Another option available is drafting a separation agreement or filing for separation in court. Mr. Bokser can explain the role of separation agreements and whether this would be a good fit for you.
- Enforcement — Mr. Bokser can guide you through the process of enforcing divorce orders such as child support, visitation and distribution of property.
- High-net-worth divorce — Some divorce cases involve significant assets acquired by either one or both of the parties. High-asset divorce cases can mean complex property division issues, such as valuing businesses. Mr. Bokser has extensive experience and skill with these niche cases.
- Premarital agreements — Prenuptial agreements will protect your property in the event of a divorce. They will also protect the property rights of your children if you are getting married for a second or third time. Attorney Andrew A. Bokser will properly draft your agreement to ensure that it is enforceable in court.
- Protecting separate assets — Most people assume that any property they own prior to marriage will remain solely theirs in the event of a divorce, regardless of what has occurred during the marriage. This is not necessarily true. Mr. Bokser can also consult with you on how to protect your assets through premarital agreements and other measures.
- Protecting your business — If you are concerned about the effect a divorce will have on a business you own, Mr. Bokser will explain the factors considered by the courts and how they may apply in your case.
- Spousal maintenance/alimony — Either husband or wife may be awarded spousal maintenance, according to a variety of factors listed in the New York domestic relations law. Mr. Bokser can guide you through the process of determining the amount of spousal support that could be awarded in your divorce, separation or family court proceeding.
How New Laws Impact Your Case
As stated above, New York has made some substantial changes to the divorce laws, including creating a no-fault grounds for divorce and establishing guidelines for spousal support (referred to as maintenance in New York and alimony in other jurisdictions). These changes may impact your divorce case. Andrew A. Bokser is knowledgeable about these new and amended laws and can explain what effect they may have on your divorce case.
If you have been procrastinating in seeking a divorce or have been unable to obtain one, the relatively new statute regarding no-fault divorce may ease your ability to obtain a divorce. As an experienced and knowledgeable divorce attorney, Andrew A. Bokser can explain what these changes mean for you in your current situation.
Uncovering Hidden Assets And Income
In over 34 years as a practicing family law and divorce attorney, Andrew A. Bokser has found that one of the most difficult, time-consuming aspects of divorce litigation is that of locating hidden assets or income. These are financial resources concealed by a spouse in order to shield them from division in the divorce proceedings. Obviously, this tactic hinders the process of equitable property division.
In order to fully understand your rights and obligations, when you first meet with Mr. Bokser, you should try to provide as much financial information as you can. This includes personal, business and corporate tax returns; your family budget; checking and savings account records; outstanding debts; and mortgage statements. He will have questions for you, and you for him. You will appreciate the personal attention, diligence and aggressiveness with which Mr. Bokser protects your rights and interests.
Call For An Initial Consultation
The Brooklyn and Garden City offices of Andrew A. Bokser are available to you during business hours or weekday evenings by appointment. Contact us online at our Brooklyn law firm or call 718-834-1904 for an initial consultation. Mr. Bokser has served the Greater New York City area for more than 34 years.