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Divorce

Divorce Lawyer in New York City

Experienced Divorce Representation

Every marriage starts with the best hopes and intentions, but that isn’t always enough. Though many couples put in the work and fight the good fight, some marriages reach a point where the only way forward is divorce.

Divorces are similar to marriages in that no two are exactly alike, but many have similar themes. Some couples can divorce relatively amicably, while many others end up in litigation. Often, there is at least some degree of hurt, anger, or resentment involved, but how much that bleeds into the actual divorce proceedings depends on the couple in question.

Attorney Bliven approaches each unique divorce case with a personalized strategy, designed to best achieve his client’s goals. He is especially adept at high-net-worth divorces, in which the division of property, assets, and businesses is more complex. However, he is a skillful and determined advocate for his clients’ best interests, regardless of their net worth.

If you are considering a divorce, you need a New York divorce attorney who will fight to protect and advocate for your interests at every stage of the legal process. Contact our law firm today to schedule a consultation to learn more about our legal services.

What Other Family Law Issues Does Your Law Firm Handle for Clients?

Divorce disputes often involve complex family law issues that are challenging to manage without skilled legal representation. In addition to asset division, Attorney Bliven offers a full suite of divorce-related services. These include:

  • Separation agreement negotiation
  • Mediation-assisted divorce
  • Spousal support, alimony, and maintenance payments
  • Debt management and divorce
  • Pre-nuptial and post-nuptial agreements
  • Issues related to same-sex divorces
  • Immigration consequences of divorce
  • Healthcare coverage issues and divorce

Due to the complexities involved with NY divorce issues, it is always best to hire an experienced divorce attorney to assist you with your legal needs.

Why is it Crucial to Have Legal Support When Your Marriage Ends?

For many, the divorce process can elicit feelings of fear and uncertainty. When issues such as child custody, child visitation, and alimony/maintenance are in dispute, sentiments of anger and resentment also arise. If you feel your rights and interests are at stake, you should seek the knowledge of an experienced divorce attorney to represent your case.

At the Law Offices of David Bliven, we represent our family law clients through all different types of divorces: uncontested, contested, and no-fault. In a contested divorce situation, aggressive negotiation and mediation are crucial components in achieving an amicable resolution. Yet if necessary, we will provide skilled representation for our clients at trial.

Who Covers the Legal Fees in a NYC Divorce?

New York divorce law was created with the intention of ensuring that each party to a divorce is adequately represented from the outset. A relatively recent statute states that there is now a presumption within the law that the spouse with higher income shall pay interim attorney’s fees for the spouse with the lower income. This statute was enacted with the intent of ensuring that both parties could have equal representation during the divorce process, regardless of their income.

It should be emphasized that in some cases, even if there is a disparity in income, the court may be hesitant to award legal fees if both parties have significant assets.

Although dividing legal fees can level the playing field for all parties involved in many cases, it can also provide a disincentive to resolve the case promptly in some instances. Nevertheless, New York courts encourage parties to settle divorce cases to avoid overwhelming the court system. As an incentive to settle cases, many courts favor the spouse who demonstrates a willingness to settle rather than those who seek to unnecessarily prolong their cases.

How Do NYC Courts Decide Child Custody Arrangements?

Child custody is often among the most sensitive issues in the divorce process. Just as with other states, NYC courts will always consider what is in the best interests of the child when determining custody arrangements. New York does not automatically favor one parent over the other; instead, it considers several factors when determining child custody.

Some of the primary factors that the court will consider when determining custody include:

  • Each parent’s ability to care for the child, and who should be the custodial parent
  • The willingness of each parent to encourage the child to foster a relationship with the other parent
  • The ability and willingness of each parent to provide a stable living environment for the child
  • Whether either parent has a history of domestic violence or substance or child abuse
  • Any preference the child may have as to which parent they wish to live with, and if they are mature enough to understand the consequences of their decision
  • Whether the child has siblings, and how a change in living arrangements could affect their relationship

Other factors the court will consider include existing child custody and visitation arrangements that meet the needs of everyone involved, as well as the mental health issues of one of the parents.

When minor children are involved, it is essential to maintain open lines of communication between you and your spouse. Often, a child will be appointed an attorney to represent their best interests throughout the process. Our ultimate goal is to attain results that will benefit both you and your child.

Should I File For Divorce Now Or Pay Off Debts First?

Sometimes it makes better sense to pay off debts before filing for divorce. For example, suppose you own a house that was bought during the marriage. If that is the case, you will need your spouse’s consent to sell that house once a divorce is filed.

Even so, if the title and mortgage are both in your name, you can opt to sell the house to pay down debts before the divorce is filed. This way, you are freeing up cash to better afford the divorce litigation, while eliminating an asset that your other spouse may be able to claim a share of.

Selling the house and paying down debts is particularly advisable if your debts are substantial and you are struggling to make ends meet between your mortgage, living expenses, credit cards, and other debts. Rather than have your spouse (or instead your spouse’s attorney) smell blood in the divorce case by claiming the asset, it may be better to sell now.

Selling the house is an even better course of action if the house is a pre-marital asset. If the title to the house is only in your name and does not include your spouse, then you are free (before the divorce is filed) to sell with or without your spouse’s consent. Once the divorce is filed, however, you are restricted from selling off assets.

Is It Better To Get A “Legal Separation” Or Just File For Divorce?

Prior to October 2010, one spouse typically had to make an allegation of fault against the other spouse to obtain a divorce. One common way to circumvent this was to enter into a separation agreement. The law provided that if the parties remained separated under a Separation Agreement for more than 1 year, then either could file for an uncontested divorce based on the agreement.

The Separation Agreement was one of the primary reasons why people, before the law’s amendment, filed for separation rather than divorce. Now that New York has passed “No-Fault” Divorce, however, there is no longer any reason to allege fault to get divorced. Instead, one spouse only needs to state that there has been an “irretrievable breakdown” of the marriage for more than 6 months.

Once the parties are divorced, their insurance will generally be terminated if one spouse’s medical insurance also covers the other spouse, as very few plans cover “ex-spouses.” That being the case, this is a leading reason why some people still choose to obtain a legal separation to preserve continuity of insurance coverage for at least another year.

With the Separation Agreement, the parties can resolve all other issues that would otherwise arise during the divorce. The agreement would cut off accrual of marital assets and debts, and could equitably divide them. The agreement can also provide for custody, visitation, maintenance (i.e., alimony) & child support. The only thing the agreement cannot do is terminate the marriage, which can only be obtained through a divorce proceeding, which either party can file for upon the expiration of 1 year (or later) from the date the agreement is signed.

What Can I Do if I’m Not Sure Where My Spouse Lives?

Sometimes people separate from their spouse, and thereafter that spouse disappears. The question becomes how to proceed with a divorce case if the spouse’s whereabouts cannot be ascertained. Ultimately, the spouse needs to be served with the divorce papers.

Informal methods can be utilized to locate the missing spouse, including through friends, family members, or associates. Other alternatives include informal internet searches to find a suitable address, and then sending a process server to that address in an attempt to serve the individual. If a good address cannot be verified, then it will ultimately become necessary to hire a private investigator.

The P.I. must conduct a formal “diligent search,” but the investigation does not ultimately need to locate the spouse. Still, the P.I. must document to the Court that they have searched for the spouse in a variety of ways, such as through the use of credit reports and public records.

Suppose the spouse still cannot be located. In that case, you will need to take the diligent search report and file a motion with the court asking for “publication notice,” which means running a copy of the summons in a newspaper designated by the Court. If the Court approves the motion, you may then proceed to publish the summons in the newspaper, which will be considered “valid service,” and you may thereafter proceed with the divorce on default.

Why Not Do A “Cheap Divorce”?

There are many signs and ads posted throughout the Bronx, Yonkers, New Rochelle & Mount Vernon advertising divorce services for “$399.” Many such ads strongly imply that you are hiring an attorney or that they’re just as good as attorneys. Nevertheless, this is not the case.

For example, there is one such ad claiming to “do all the paperwork for $399.” Let’s call them “Joe’s Professional Services.” Here’s the problem: they are a typing service and cannot provide legal advice. As a result, when people walk into their office and put down $399, they provide the same forms people can obtain for free off the internet, tell the people to “fill them out as best they can on their own,” and give them a pen.

At the same time, they sit in their waiting area, doing their work for them. Once done, they spend 5-10 minutes typing the forms for them. When they’re done, they hand the forms back and say, “Ok, good luck, go file these forms with the court and wait 6 months. Have a good day!” If the court rejects the forms due to errors, they may either correct the mistakes or notify the individuals that correcting them will incur an additional fee of $399.

Unsuspecting clients of these companies don’t know any better, especially when they imply in their name that they are “professionals.” Another reason people are paying more for these services is that many attorneys charge a low-cost consultation fee to review paperwork for potential clients. Individuals who wish to obtain the forms from the court’s website and fill them out on their own can have the paperwork reviewed and corrections suggested by a qualified lawyer for less money than the “document service companies” charge to type the forms. 

If the person needs the forms typed, they can simply take the forms to an Office Store (such as FedEx Office) and have them typed, likely for $50 or less. In the long run, the person has paid less to have the forms typed and reviewed by an attorney than they would spend to have the forms done by a document service company, and with much less potential for mistakes. There’s an old adage that states: “The poor pay more for less!” which is undoubtedly true if anyone goes to a “document service company” for an uncontested divorce.

What Are The Immigration Consequences For A Divorce?

Some people get married to sponsor an immigrant so they can obtain a green card. However, if a sponsor wishes to terminate the marriage later on, there could be consequences.

The I-130 immigration form typically requires the sponsor to sign an “Affidavit of Support,” pledging to financially support the spouse. The consequence is that if the spouse ever applies for public assistance of any sort, the government can use the Affidavit of Support to sue the sponsor to recoup the amount of benefits given to the immigrant spouse. In that case, if a divorce is contemplated, the sponsor spouse should also contact an immigration attorney to terminate the Affidavit of Support.

Bear in mind, the immigrant spouse may also use the Affidavit of Support to claim alimony (i.e., maintenance). They will likely argue that the sponsor spouse has already pledged to support them, and as a result, the court should continue that support by awarding alimony. Finally, one must consider that a divorce may halt immigration proceedings (if they are ongoing). Therefore, both parties are well advised to consult an immigration attorney on the consequences of filing for divorce.

Due to the legal implications that surround a divorce when one spouse is an immigrant, it is best to consult an experienced New York divorce attorney to ensure you understand your rights and options.

How Are Property & Assets Divided In A New York Divorce Case?

New York is an “equitable property” state. This means that any property, asset, and/or debt accrued during your marriage is considered marital property and therefore subject to distribution between parties.

“Equitable”, otherwise known as “fair”, means that the court will use its discretion to determine how and to whom property will be distributed. Some examples of marital property are as follows: homes and other real estate properties, retirement plans (pension, 401(k), etc.), bank & investment accounts, art, decor, and other personal property, as well as cars, boats, RVs, etc. (this is a non-exhaustive list).

Additionally, the “appreciation” in value of some separate property may also be distributed to the non-title-holding spouse, if they can prove sufficient direct/indirect efforts that allowed the appreciation to occur. Because any distribution made by the Court must be “equitable,” this means that in some cases, it is 50%, but in other cases, the court could use a higher percentage (60% or more) or a lower percentage (0% to 40%).

Moreover, the Court may distribute some assets (like a house or bank account) 50%, and other assets (like the value of a self-owned business) only 10-20% within the same case.

What Makes Your New York Divorce Attorney the Right Choice to Help Me With My Legal Needs?

With nearly 30 years of experience, we have helped clients successfully navigate their complex divorces. When you visit one of our New York offices, our legal team will thoroughly assess your situation to determine the most effective strategies for achieving maximum results. We encourage our clients to work toward an agreement that is best for them and their family through negotiation and mediation. If this is not possible, we possess the necessary skills and experience to bring your case to trial.

If you would like to speak with a New York divorce lawyer, contact the Law Offices of David Bliven today. We provide initial case assessments and can set up a whole case strategy consultation as needed. Contact our law firm at our Bronx location at 917-938-7827, White Plains at 914-743-3822, or reach us online.