Caring and Compassionate New York Divorce Lawyer 

The end of a marriage through divorce is a difficult time for a couple and the rest of theirir family. Divorce is a complex legal process that’s complicated further by emotions.  

New York divorce lawyer Nikki L. Prasad uses patience and understanding to guide her clients through the divorce process, helping them achieve a favorable outcome that allows them to move on with their lives. Whether you need advice and representation to initiate a divorce action, or you’ have been served in an action started by your spouse, let our divorce lawyer in NY explain how she can be of help. 

What is a Divorce? 

The only way to end a marriage that was lawfully entered into by two people is through a divorce. Divorce is a legal action brought by one party to the marriage, the “plaintiff,” against their spouse, the “defendant.” It is the only way to end a marriage that was lawfully entered into by two people. 

The court in New York withthat possesses the jurisdiction to grant a divorce is the Supreme Court of the State of New York. There is a supreme court in each county of the state, so the divorce action iswould generally be brought in the county where at least one of the parties to the marriage resides.  

Types of Divorce 

Courts must have a legal basis or grounds for granting a divorce. New York has both “fault” grounds and “no-fault” grounds for a divorce. 

Fault grounds are based on the result of the conduct of the defendant spouse, and include the following: 

• Abandonment For One Year or More: Actual or literal abandonment occursabondment occures when the defendant leaves the marital residence for a continuous period of at least one year. 

• Constructive Abandonment: A spouse refuses without justification to engage in sexual relations with the plaintiff for at least one year. 

• Cruel and Inhumane Treatment: Physical, mental, emotional, or verbal conduct of the defendant that endangers the safety and well-being of the plaintiff. 

• Adultery: A spouse engages in sexual relations outside of the marriage. The adultery must have occurred within five years before the divorce action. 

• Imprisonment: Imprisonment of a spouse for three or more years after the marriage.  

New York’s divorce laws recognize the following no-fault grounds for termination of a divorce: 

• Living separate and apart for at least one year pursuant to a judgment or decree of separation, with the party seeking the divorce having substantially complied with the terms of the judgment or decree. 

• Living separate and apart for at least one year under the terms of a separation agreement, andwith the party seeking the divorce having substantially complied with the agreement.  

• A sworn statement from one of the spouses of the irretrievable breakdown of the relationship for at least six months.  

These are no-fault grounds because proving them does not require evidence of blame on the part of the other spouse. 

A contested divorce occurs when one spouse challenges the divorce. The challenge may be to the grounds or to a dispute over other issues, including: 

• Division of property. 

• Responsibility for debts of the marriage. 

• Child custody. 

• Child or spousal support. 

An uncontested divorce occurs in the following situations: 

• Both spouses want the divorce and agree on child custody and support, property distribution, and other issues. 

• If the defendant spouse is served with the paperwork to start the divorce action and does not respond to it or appear in court, the judge hearing the case may grant a default judgment of divorce to the plaintiff. 

• If a spouse cannot be located to be served with the paperwork to start a divorce action, a court may authorize service by publication. If the defendant does not appear after publication, the court may grant a default judgment to the plaintiff. 

A consultation with a divorce lawyer in NY at the Law Firm of Nikki L. Prasad, P.C. can provide you with answers to the questions you have about the divorce process, as well as any other and issues related to it.  

Who Can File For Divorce? 

If you have grounds for divorce, you also have tomust also meet residency requirements through one of the following methods: 

• Either spouse has been a resident in the state for at least two years immediately before the start of the divorce action.  

• OneEither spouse must live in New York for at least one year before commencement of the divorce action, and the marriage ceremony was performed in the state, or the couple lived together as a married couple in New York. 

• Either spouse lived in New York for at least one year before the start of the divorce action, and the grounds for the divorce happened in the state. 

• Both spouses reside in the state at the commencement of the divorce action, and the grounds for it occurred in New York.  

 A consultation with divorce attorney Nikki L. Prasad can determine whether you have grounds and meet residency requirements. 

The Divorce Process Step-By-Step 

The forms and information required to obtain a divorce can be overwhelming. Representation by an experienced family law divorce lawyer at the Law Firm of Nikki L. Prasad relieves you of the burden of the process. 

Once the grounds for the divorce have been determined, along with custody, support, property distribution, and other issues that must be included, the divorce process includes the following steps: 

• Commencement of the Process: PThe attorney will prepare and file a summons and complaint containing the grounds, issues to be resolved, and relief sought. 

• Service on the Defendant: Copies of the filed paperwork are served toon the defendant. 

• Defendant Responds: The defendant responds to the divorce within a specified period. 

• Conference: A preliminary conference sets deadlines for discovery and other proceedings.  

• Discovery Stage: Discovery includes the exchange of financial information by the parties. 

• Negotiations: The exchange of financial information and documents increases the likelihood of the parties negotiating to resolve issues. 

• Trial: If the parties and their divorce attorneys do not settle the case, the court schedules a trial to resolve issues that remain. 

• Post-Trial or Settlement: A judgment of divorce must be signed by a judge. 

There are generally would be fewer steps in the process with an uncontested or no-fault divorce. 

Key Issues in a Divorce Case 

The issues in a divorce case, apart from the termination of the marriage, include: 

• Property division 

• Child custody and visitation 

• Child support 

• Spousal support 

Other issues may arise based on the particular marriage’s circumstances existing in a particular marriage.   

Common Mistakes People Make During Divorce 

The breakup of a marriage is a highly emotional time for couples and frequently leads to mistakes. Common mistakes made by people during a divorce include: 

• Trying to represent themselvesyourself.  

• Hiding assets or withdrawing money from bank accounts (which can have dire consequences when discovered). 

• Failing to be honest with your attorney (which diminishes the effectiveness of the representation). 

• Not focusing on the future. Y, since you must have a realistic plan for meeting future financial needs. 

Retaining the services of a divorce lawyer in NY early in the divorce can help you avoid making mistakes that could affect your future. 

Benefits of Hiring a Divorce Lawyer 

Hiring a divorce lawyer instead of trying to represent yourself has advantages, including: 

• Legal advice and representation from someone who knows divorce laws. 

• A dedicatedn attorney who looks out for your best interests. 

• Rational guidance to cut through the emotions common in a divorce. 

• Skilled representation to handle complex legal and financial issues to achieve a fair settlement for you. 

Above all else, having legal representation reduces your stress levels by giving you an experienced professional who is committed to protecting you and your interests. 

When You Need Superior Divorce Representation 

Make the right decision and contact the Law Firm of Nikki L. Prasad, P.C., for representation by a divorce lawyer committed to seeing you through this difficult time in your life. Reach out to us now for a free consultation.