Divorce Lawyers in Poughkeepsie, New York
Divorce can be one of the most emotionally difficult decisions a person will make. Not only is divorce a highly-charged emotional decision, but it is a legal decision that can impact your financial life and your children for years to come. If you are planning to get divorced in Poughkeepsie, New York, it is important to understand the process and your rights. While it is understandable that you may want to finalize your divorce as quickly as possible to move forward with your life, you’ll want a qualified divorce lawyer on your side helping you navigate the legal, financial, and practical challenges that can arise. The Law Office of Danielle Fenichel are divorce lawyers in Poughkeepsie, New York who can help you understand your rights, fight for your best interests during the divorce settlement agreement process, and help you reach a fair divorce settlement in a timely manner.
How Can I Get Divorced in Poughkeepsie, New York?
According to New York law, you must meet basic residency requirements to file for divorce in New York. There are several ways individuals can meet New York residency requirements. Either you or your spouse must have established continuous residency for two years before the divorce case is filed, or you and your spouse must show that you have been living for one year in New York before your case was filed, and you got married in New York, or you can show that the grounds for your divorce took place in New York state. Finally, if both you and your ex are residents of New York when the divorce is filed and the grounds for divorce took place in the state, you can also establish residency.
Under New York law, there are 7 different grounds for divorce in the state. First, you can apply for a “no fault” divorce. In order to qualify for a “no fault” divorce, you must show that the marriage has been irretrievably broken down for a period of at least 6 months prior to filing. Another ground for divorce is if you and your spouse file a legal separation agreement and live separately pursuant to that agreement for one year. Rarely, a judgement of separation may be ordered.
The other grounds for divorce are fault-based grounds. These include cruel and inhuman treatment, abandonment, imprisonment, and adultery. Each of these grounds have their own burdens of proof:
- Cruel and Inhuman Treatment is more than an argument or a pattern of arguments or fighting that leads to divorce. A divorcing spouse wishing to use this as grounds for divorce must show that his or her partner either mentally or physically abused him or her.
- If your spouse has been in jail for three or more years in a row, you may be entitled to use this as grounds for divorce. The person must have been imprisoned after the marriage took place and individuals can use this as grounds for divorce up to 5 years after a spouse’s release from jail.
- Abandonment. There are two types of abandonment legally recognized by the court. One type is when a spouse physically leaves the home for a year with no intent to return and the other is when a spouse refuses to have intimate relations with the other for a period of one year or more, which is considered constructive abandonment.
- Adultery. Proof must be established that the person committed adultery, which means that the spouse must provide witnesses or evidence.
There are reasons why individuals may want to file for a divorce with fault. However, there may be other ways to meet your goals that don’t require the high burden of proof that some fault-based divorces require. If you are considering seeking divorce, it is important to plan ahead. The Law Office of Danielle Fenichel are divorce lawyers in Poughkeepsie, New York who can help you plan your course forward. The decision to divorce your partner can be incredibly stressful and emotional. You need someone by your side with your best interests in mind. The Law Office of Danielle Fenichel can help.
High Asset Divorce and Dividing Your Financial Life During Divorce
There are several factors which can make a divorce more complex. If you and your former spouse have complex financial lives, are high-earners, or if you have retirement accounts, or property, your divorce settlement may need to be carefully negotiated. Here are just a few circumstances where division of assets should be carefully considered in divorce:
- You have a retirement account. Retirement accounts must be carefully divided during divorce. There are many requirements for dividing these accounts. Failure to properly divide your retirement accounts can result in higher tax burdens and early withdrawal penalties.
- You share property. If you own a home together or share investment property, you’ll have to decide how the property will be divided. Sometimes, the easiest solution is to sell the property and divide the proceeds, but this is not always possible, especially if there is a mortgage on the home, or if the home is the family home and one partner does not want to sell. When it comes to dividing property, you need a qualified divorce lawyer like the Law Office of Danielle Fenichel in Poughkeepsie, New York on your side.
- You or your partner owns a business. If you own a business, both you and your spouse may have an interest in the business. Navigating the complexities of dividing a business may require accountants, but also the assistance of a divorce lawyer who understands each partner’s rights when it comes to dividing business assets.
- You are high earners. Higher earners may have questions about alimony, the tax implications of their divorce, and questions about how to divide deferred compensation plans, stocks, stock options, and other financial instruments.
These are just some of the financial questions that divorce can raise. Even common questions, like dividing debts or dividing prized family heirlooms, can raise tensions during divorce. This is where it helps to have a qualified divorce lawyer like the Law Office of Danielle Fenichel in Poughkeepsie, New York on your side.
Get Divorced in Poughkeepsie, New York
If you are planning to get divorced in Poughkeepsie, New York, protect yourself. Contact the Law Office of Danielle Fenichel today to learn more about your options and rights. You don’t have to navigate the divorce process alone.