Nyack, New York, Divorce Lawyer
As wonderful as marriage can be in many cases, it is also a risky proposition. When two people get married in a church or in a courtroom on a particular day, there is, unfortunately, a good possibility that the marriage will not last. Statistically, 50% of first marriages and 65% of second marriages fail. Despite good intentions at the outset of a marital union, many people are set in their ways or as they mature, change-which often makes marriage difficult to maintain over time.
Hudson River Valley area New Yorkers contemplating divorce are encouraged to contact an experienced attorney at the law offices of McCormack & Phillips, Attorneys at Law. Before beginning the process, it is important to know what steps you can take to protect yourself, your personal property, and your children.
Basics of Divorce in New York
We inform people who are considering divorce that New York, unlike many states, is not a no-fault divorce state. A cause must be put forth in a complaint for divorce, such as cruel and inhuman treatment, adultery, non-voluntary separation, abandonment (a one year non-voluntary separation or longer) or "constructive abandonment" (which essentially means a refusal to have sexual relations for one year).
Once a marital relationship has broken down, practical considerations such as maintenance / alimony, division of assets and child support take on great importance as individuals who once acted as a family unit prepare to go their separate ways.
When Divorce Plans Are Tentative, Postnuptial Agreements Can Be a Useful Tool
Sometimes, potential divorce clients come to us with the thought in mind that they and their spouses may eventually reconcile.
In such cases, we sometimes facilitate postnuptial agreements as a preliminary step to a potential divorce. Uncertainties about finances or property can thus be sidelined as a couple concentrates on the human factors of seeking to salvage and rebuild a troubled marriage.
What About Legal Separation?
On the other hand, when clients inquire about a marital separation agreement, we typically advise them of the pitfalls of this approach. The process of negotiating and agreeing on the terms of a legal separation is identical to the negotiations for a divorce - yet the possibility exists that when one spouse later wishes to go from separation to divorce, the process may have to be repeated at great expense. Therefore, this is a more costly and risky route than going directly to divorce once spouses acknowledge that the marriage is impossible.
Contact an experienced New York family law attorney to schedule an initial consultation regarding divorce and / or related matters such as child custody.
