Divorce

At Nave Law, we understand the personal and legal challenges you face during a divorce, and are dedicated to helping you and your family through this difficult time.

Practices

Even when both parties have the best intentions, divorce can get complicated, stressful, and often results in disputes.

When this happens, you need someone fighting in your corner to ensure you’re getting the results you deserve. If you’re looking for a Syracuse divorce lawyer, you’ve come to the right place. Our experienced team at Nave Law can help! Contact us today to get started. Looking for help in other areas of law? You can view the law practices we cover here.

Uncontested Divorce

An uncontested divorce is the best possible outcome, meaning there are no disagreements between you and your partner, and you and your partner are both agreeing to the divorce itself. While this is better than most situations, if you’re filing for an uncontested divorce in Syracuse, NY we encourage you to have a Syracuse divorce attorney from Nave Law by your side. We can help you navigate the necessary paperwork and legalities, and will be there for you if your divorce takes a hostile turn.

Contested Divorce

A contested divorce refers to a divorce where you and your partner are not in agreement—either about the divorce itself, the terms of the divorce, or both. A lawyer can help you reach a decision, and represent you in court. At Nave Law, we’ll fight for you to help you get the best possible outcome.

Legal Separation

Having a legal separation means that you and your spouse can live apart, but still maintain your legal marital status. A divorce attorney can help you go over any legal documents, and act as mediator between you and your spouse.

Equitable Distribution

Equitable distribution takes place during a divorce when marital property is being divided. This does not necessarily mean “equal” distribution, but rather, fair distribution. A divorce attorney can help you and your partner come to an agreement on the terms for this distribution.

Postnuptial Agreements

This agreement is created after two people are legally married to settle any affairs and assets in the event of a divorce or separation. A lawyer can help you review the agreement before it is finalized to help prevent any future disputes.

Prenuptial Agreements

A prenuptial agreement covers the same ground as a postnuptial agreement, but it occurs before a marriage. This type of agreement establishes any property or financial rights for each individual before they enter a marriage, if the marriage fails.

Alimony Issues

Alimony, also known as spousal support, comes into play when a former spouse is unable to meet their own needs without financial assistance. If their former partner can afford to do so, they may be required to assist them financially, providing alimony. This type of support can either be temporary or permanent. Whether you aren’t receiving the compensation that is rightfully yours from a former spouse, or you’re being unfairly required to provide alimony, the divorce attorneys at Nave Law can help.

Frequently Asked Questions

In New York, you can get a divorce if your marriage has been irretrievably broken for at least six months. This means that you and your spouse have lived separate and apart for at least six months and there is no reasonable likelihood that you will reconcile.

The process for getting a divorce in New York begins with filing a petition for divorce with the court. The petition must state the grounds for the divorce and the relief that you are seeking, such as child custody, child support, and/or alimony. Once the petition is filed, the other party (the respondent) will be served with a copy of the petition and a summons. The summons will require the respondent to appear in court and answer the petition.

After the respondent has been served, the parties will typically engage in settlement negotiations. If the parties are able to reach an agreement, they will file a stipulation with the court. The stipulation will set forth the terms of the agreement, and the court will then enter a judgment in accordance with the stipulation.

If the parties are unable to reach an agreement, the case will proceed to trial. At trial, the parties will present evidence and witnesses to the court. The court will then make a decision on all of the issues in the case.

The court will consider a number of factors when determining child custody, including:

  • The wishes of the child
  • The relationship between the child and each parent
  • The ability of each parent to provide for the child’s physical and emotional needs
  • The stability of each parent’s home environment
  • The child’s age and maturity
  • The child’s special needs

The amount of child support that you will have to pay is determined by a number of factors, including:

  • The income of both parents
  • The needs of the child
  • The cost of living in the area where the child will live
  • The amount of time that the child spends with each parent

The process for modifying child support can be initiated by either parent. To modify child support, you must file a petition with the court. The petition must state the reasons why you are seeking a modification, such as a change in income or a change in the child’s needs. The court will then consider the factors listed above and make a decision on whether or not to modify child support.

The length of time it takes to get a divorce in New York varies depending on a number of factors, including:

  • Whether the parties are able to reach an agreement
  • The complexity of the case
  • The availability of the court
  • If the parties are able to reach an agreement, the divorce process can be completed in a few months. However, if the case goes to trial, the process can take several years.

The costs of getting a divorce in New York vary depending on a number of factors, including:

  • The complexity of the case
  • The length of time it takes to resolve the case
  • The attorney’s fees

The average cost of a divorce in New York is $10,000. However, the cost can be much higher if the case is complex or if it goes to trial.

As a divorced parent in New York, you have a number of rights and responsibilities, including:

  • The right to make decisions about the child’s upbringing
  • The right to spend time with the child
  • The right to receive child support
  • The responsibility to pay child support
  • The responsibility to provide for the child’s physical and emotional needs

There are a number of resources available to help you through your divorce in New York, including:

  • The Family Court
  • The New York State Bar Association
  • The Legal Aid Society
  • Private attorneys
  • Divorce support groups

If you are considering a divorce in New York, you should take the following steps:

  • Contact an attorney to discuss your options
  • Gather financial information
  • Gather information about the child’s needs
  • Make a plan for the future

Speak with an experienced divorce attorney today.

Think you might be in need of an attorney? Reach out to the team at Nave Law Firm. We know how daunting and confusing the legal process can be, and are here to help you through the process.

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