Contested and Uncontested Divorce
The Supreme Court of New York State is the only court that has jurisdiction to hear and determine actions for divorce. Divorce in New York proceeds as either a contested divorce or and uncontested divorce.
Uncontested Divorce
If the parties are fully in agreement, the matter can proceed as an “uncontested divorce” where they agree on all of the terms and complete the whole process with the lawyers of the Law Offices of Paul A. Boronow, PC., without having to appear in court; the attorneys for the Law Offices of Paul A. Boronow, PC will make the necessary arrangements with the court to achieve judgment of divorce. An uncontested divorce is the most economical way to resolve the issues, as the parties do not have to incur the costs of litigation. If the parties cannot agree, the matter must move forward with litigation as a contested matrimonial action.
“An uncontested divorce can be complete in sixty days or less so it can be a very fast and cost effective process to get divorced.”
The matter cannot proceed as an uncontested divorce unless both parties agree. Along with agreeing as to the divorce, the parties will need to agree on all the additional or ancillary issues relative to the marriage such as distribution of assets and debts, custody and visitation, child support and maintenance, counsel fees, and all the other issues related to an action for divorce. An uncontested divorce can be completed in sixty days or less so it can be a very fast process to resolve the issues, while avoiding much of the pain and emotional suffering that would be a natural result of litigation of a contested divorce action. Our divorce lawyers can assist you in finding mutual ground upon which settlement can be achieved so the divorce can proceed as an uncontested divorce.
Contested Divorce
When the parties cannot agree to getting divorced, or cannot agree on resolving the issues of custody and visitation, child support, maintenance, distribution of the assets or debts, or any other issue, the only way to get divorced is by proceeding with litigation. Although the parties can settle the matter at any time during the litigation, if they do not settle, the matter will move forward to trial and a judicial determination by the court. As set forth above, this is not a cost effective way to resolve the martial difficulties, but in many instances, the parties just cannot agree and litigation is the only viable option. When litigating the matter, a strong divorce lawyer is critical to your success. Aggressive litigation usually brings the matter to settlement in the fastest time frame possible.
“The best method to achieve a fast settlement of a contested divorce is by aggressive representation and settlement discussions being held from a position of strength.”
The divorce attorneys at the Law Offices of Paul A. Boronow, PC take an aggressive and assertive stand in prosecuting and defending divorce actions, which in turn results in the divorce lawyers of the firm settling most divorce cases without a trial. If the case will not settle, the court will hold a trial and enter the appropriate findings and judgment resolving the issues. The best result is the divorce lawyers of the firm taking an aggressive approach which in turn brings the matter to resolution as quickly as possible with the least expenditure of legal fees and the maximum legal result.
Motions for immediate financial and other relief
During litigated divorce actions either party can make an application for temporary relief or “pendente lite” relief, by making a motion. The divorce lawyers of the firm can make an application for custody, visitation, exclusive use of the marital residence, child support, maintenance (alimony), payment of the mortgage and other carrying costs of the marital residence, counsel fees, a restraining order to protect assets, selection and payment of necessary experts, and many other forms of pendente lite relief. An aggressive pendente lite motion will help to solve the immediate problems that exist and can set up the framework for the ultimate settlement of the divorce.
“A powerful pendente lite application and order regarding custody, support, orders of protection, exclusive use of the home, contribution to the mortgage and other carrying costs of the home, counsel fees and necessary restraining orders is very effective in resolving the immediate issues and setting the framework for successful settlement on the strongest possible terms.”
The motion practice will help to resolve the immediate issues of how the bills will be paid, will both parties have to continue to live in the same house, what will be the parenting or visitation schedule during the litigation, how will the assets be preserved, and many other issues. In many cases, a pendente lite motion is desperately important to protect the clients of the firm.
Discovery of assets
During a matrimonial action it is critically important that your divorce lawyer conduct a search of assets and debts, called financial discovery, so as to ascertain your entitlement under the law. In many cases one spouse has hidden the assets for years and the discovery is complex and complicated. The divorce lawyers of the firm have been discovering assets and income of parties for years, with assets sometimes being cleverly hidden and disguised. The divorce attorneys use discovery demands such as demands for Net Worth Statements, Depositions (examinations before trial or EBT), Demands for Discovery and Inspection, Interrogatories, accountants, appraisers and investigators to discover and value all of the assets of the marriage, whether hidden or made available for examination. Unless full and aggressive discovery is conducted, you will never be able to determine your rightful share of the marital estate. The divorce attorneys of the Law Offices of Paul A. Boronow, PC regularly value marital homes and investment properties, businesses, advanced degrees and licenses, overseas accounts, collectibles and other assets.
“Your divorce attorneys must be diligent and aggressive with the discovery process to properly find and value the marital estate and to ensure that you receive the assets to which you are entitled.”
When the divorce lawyers at the Law Offices of Paul A. Boronow, PC first review a new divorce matter, a comprehensive discovery plan is developed to ensure that all assets are properly discovered and valued so as to protect our clients’ rights. Weekly staff meetings and oversight ensure that the process that has been tailored for our client is working effectively.
Grounds
In New York State, you must have grounds to get divorced. Simply no longer wanting to be married or having "irreconcilable differences" is not enough. The grounds in New York State are as follows:
Cruel and Inhuman Treatment
To succeed on cruel and inhuman treatment, the party must allege and prove instances of cruel and inhuman treatment during the past five years that makes it unsafe or improper to cohabitate together. For longer term marriages, the allegations of cruel and inhuman treatment must be strong. The divorce lawyers at the firm can assist you in ascertaining if you have sufficient grounds.
Abandonment
To succeed on the grounds of abandonment, the party must allege and prove either physical abandonment for a period of one year with no intent to return, or constructive abandonment, that is refusal to have sexual relations for a period of one year, with there being a demand for the same and no medical reason why the other party could not have sexual relations.
Adultery
To succeed on the grounds of adultery, the party must plead and prove with corroborating evidence that the other party had sexual relations with another party, and the same was not condoned (after becoming aware that the other party had sexual relations with another the party has sexual relations with the other party).
Imprisonment for three or more years
To succeed on the grounds of imprisonment for three or more years, the party must plead and prove that the other party was imprisoned for three or more years.
Conversion of a Separation Agreement
To succeed on the grounds of a conversion divorce, the party must plead and prove that the parties entered into a valid separation agreement, that a year had passed since the execution of the separation agreement, and that the parties have lived separate and apart and have complied with the terms of the separation agreement.
Many parties will agree to grounds by not admitting or denying the allegations but agreeing that the court grant the divorce.
After the court grants the divorce, the court has the jurisdiction to hear and determine the ancillary issues such as custody and visitation, child support, maintenance (alimony), equitable distribution of assets and debts and all other matters relative to the marital relationship.
If you are interested in a divorce, or you received summons for divorce, you should immediately consult with experienced divorce lawyers to ascertain your obligations and protect your rights. The divorce attorneys at the Law Offices of Paul A. Boronow, PC are fully versed in matrimonial and family law, have divorce actions pending across Long Island in Nassau County, Suffolk County and Queens County, and are available to assist you in protecting your rights.
Contact us about your legal matter today!
Call us at (516) 227-5353 to arrange for a free consultation.
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