Are you undergoing the grueling process of a divorce? At the Law Firm of Robert Gross PLLC , we understand that divorce can be a complex process, especially when spouses do not always agree on marital matters. Many complications may arise throughout the divorce process, hindering couples from reaching a settlement. This can result in bringing your case to court where a judge has to act as a mediator in order to reach a settlement both spouses can agree on.

Even if you have an amicable, or uncontested divorce, having legal counsel is still recommended. It is vital that you have an aggressive and knowledgeable divorce lawyer to represent you and guide you through the process.

Uncontested Divorce

Various matters being disputed in contested divorce can include:
·         Division of marital property
·         Division of marital assets
·         Division of debt
·         Alimony
·         Child custody
·         Child support
·         Visitation rights

Contested Divorce

Contested divorce occurs when one or both spouses cannot agree on marital matters, prolonging the overall divorce process. Contested divorce can add additional stress, both financially and emotionally. Many couples who are involved in a contested divorce seek mediation before bringing their disputes to court, which can limit the amount of hostility and financial pressure involved.

When a couple agrees on everything or disputed matters were settled outside of court, it is referred to as uncontested divorce or simple divorce. New York law recognizes both contested and uncontested divorce. Uncontested divorce is ideally what couples want in order to avoid the extra time, money, lack of privacy, and complication that can arise in contested divorce.
While this may seem to be easily resolved without legal counsel, having a lawyer by your side is still very beneficial. A seasoned divorce attorney can help you establish a strong plan for all matters involved in divorce, from child custody to property division.

No-Fault Divorce in New York

In the state of New York, couples can choose a no-fault divorce option, meaning a divorce completed through mutual consent with no-fault based grounds. In order to obtain this option, a marriage needs to be reported as irretrievably broken down for at least six months.
You can file a fault-based divorce for reasons such as:
·         Cruel treatment
·         Abandonment for a year or more
·         Adultery
·         Spousal imprisonment for three or more years
·         Written separation agreement after living apart for more than a year

Prenuptial Agreements

While it may not be romantic to discuss a prenuptial to your significant other before marriage, a prenuptial agreement may be a positive way to establish communication about financial and other matters in a relationship. It is a chance for a couple to create understanding about lifestyle decisions.

At The Law Firm of Robert Gross PLLC., we can help you draft or enforce a prenuptial agreement. We have a thorough understanding of New York family court laws to ensure that your prenuptial agreement is fair and suits the individual needs of both parties.

WHY SHOULD YOU GET A PRENUPTIAL AGREEMENT?

A prenuptial agreement is a private agreement between a couple that involves

the financial consequences of their marriage if it comes to an end. When it comes to divorce, most people are unhappy with the way the law works and prefer to take control of their own lives, rather than leave the decision up to the courts.

It is imperative to devise a prenuptial agreement due to the following circumstances:

  • You earn more or are wealthier than your partner
  • You earn less or are poorer than your partner
  • You are entering your second marriage
  • You have children from a previous marriage
  • You own part of a business
  • Your partner has more debt than you

Before scheduling an appointment with Robert Gross Esq., you and your partner must discuss the possibility of drafting a prenuptial agreement. At our meeting, we will discuss your unique situation and determine all of your available legal options. Do not hesitate to ensure protection for your future today.