Divorce Lawyers in Rensselaer County, NY
Serving clients in Saratoga, Albany, Warren, Washington, Schenectady, Rensselaer, Green, and Columbia
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The staff is extremely friendly and knowledgeable. They truly care about their clients and walk you through the process every step of the way. I highly recommend Jean and here team for any legal needs.
– Joseph B.
They were so kind and caring throughout the whole experience. Walked with me through everything. They made a difficult and painful time more manageable. I would recommend them to in a heartbeat. Best decision about the divorce I made.
– Kelli F.
Was a real advocate for me while going through my divorce. Responded to emails and calls promptly and guided me through the entire process. Fair, responsive and frankly a light during a tough time.
– Melissa W.
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Divorce Lawyers in Rensselaer County, NY
Divorce can be an emotional and complex journey, and understanding each step of the process is essential. Whether you are considering divorce or have already made the decision, knowing what lies ahead can ease some stress. At Mahserjian & Mahserjian-Ortiz, PLLC, we are experienced Divorce Lawyers in Rensselaer County, NY, dedicated to helping clients navigate these challenging times. Here’s what you can expect if you are preparing for divorce in Rensselaer County and need trusted guidance through each phase.
Filing Divorce Documents
The first step in any divorce case is filing the initial divorce documents. One spouse, known as the plaintiff, will file a document called a “Summons with Notice” or a “Summons and Complaint” with the county clerk. This legal paperwork officially begins the divorce process and outlines the reasons for the divorce, known as “grounds.” In New York, grounds for divorce can include irretrievable breakdown of the marriage for at least six months, abandonment, or cruel and inhuman treatment. Once the paperwork is filed, it must be served to the other spouse, known as the defendant. The filing of these documents marks the formal start of your case.
Applying for Temporary Judicial Orders
While the divorce is pending, one or both spouses may need temporary judicial orders to manage certain aspects of their lives. These orders can include temporary child custody, child support, or spousal support. These are designed to maintain the status quo while the case moves forward. If you and your spouse cannot agree on these temporary matters, a judge will make decisions based on your family’s circumstances. It is important to understand that these orders are temporary and will only remain in place until a final divorce judgment is issued.
Submitting Proof of Service
After filing the divorce documents, it’s essential to make sure the other spouse is properly notified. This is done through a process called “service of process.” The plaintiff is responsible for ensuring that the defendant is served with the divorce papers. Once the defendant receives these documents, the plaintiff must submit a “Proof of Service” form to the court. This step is crucial because it shows that the defendant has been made aware of the divorce action and has a chance to respond. Without this proof, the case cannot proceed.
Entering Into Settlement Talks
Many divorces are settled without the need for a trial. After the initial paperwork is filed and served, both spouses can begin discussing the terms of their divorce. Settlement negotiations focus on key issues such as property division, child custody, child support, and spousal maintenance. If both parties can agree on these matters, they will enter into a written agreement that outlines the terms of the divorce. This settlement agreement is then submitted to the court for approval. Reaching a settlement can help avoid the cost and emotional strain of a trial. However, it’s important to ensure that the terms of the agreement are fair and in line with your best interests before finalizing anything.
Going to Trial If Needed
If settlement talks do not result in an agreement, the case may proceed to trial. During a divorce trial, both spouses present evidence and testimony before a judge. The judge will then make decisions on issues like property division, child custody, and support. Divorce trials can be time-consuming and expensive, but they may be necessary if you and your spouse cannot reach an agreement on key issues. It’s important to have experienced legal representation if your case goes to trial to ensure that your rights and interests are protected throughout the process.
Finalizing the Judgment of Divorce
Once all issues are resolved—either through settlement or trial—the final step in the process is obtaining the judgment of divorce. This document is the court’s official order that legally ends the marriage. The judgment will include all the terms of the divorce, such as property division, custody arrangements, and support obligations. Once the judgment is signed by the judge, the divorce is complete, and both spouses are free to move forward with their lives. It’s important to keep a copy of this judgment for your records, as it will be required for future matters like modifying custody arrangements or changing your name.
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Mistakes to Avoid During a Divorce in Rensselaer County, NY
Letting Emotions Control Decisions
Divorce can be an emotional experience, but allowing those emotions to guide your decisions can lead to costly mistakes. It’s important to focus on the long-term impact of your choices, especially when it comes to matters like child custody and the division of property. Emotional decisions, such as rushing to agree to terms or refusing to negotiate out of anger, can harm your future. Working with a trusted divorce lawyer can help keep emotions in check and ensure decisions are made with clarity.
Hiding Assets or Financial Information
One of the biggest mistakes people make during a divorce is hiding assets or not being transparent about their financial situation. This can lead to serious legal consequences, and if discovered, it could negatively impact your case. Courts take financial disclosure very seriously, and honesty is key to ensuring a fair division of property. By working with a knowledgeable divorce attorney, you can avoid this mistake and ensure that your financial situation is handled properly.
Failing to Prioritize Child Custody Arrangements
When children are involved, the focus should be on their well-being. However, many parents make the mistake of putting their own needs or wants first when negotiating custody arrangements. Courts in Rensselaer County will always prioritize the best interests of the child, so it’s important to work towards a custody plan that supports their needs and stability. Failing to do so could result in a less favorable arrangement or unnecessary conflict.
Forgetting to Update Legal Documents
Another common mistake is neglecting to update legal documents after the divorce is finalized. Wills, life insurance policies, and beneficiary designations should all be reviewed and changed to reflect your new circumstances. Failing to update these important documents could result in unintended consequences in the future. Ensuring that your legal documents are up to date is an important part of the post-divorce process.
Frequently Asked Questions About Divorce in Rensselaer County, NY
How long does it take to finalize a divorce in Rensselaer County, NY?
The time it takes to finalize a divorce can vary based on the complexity of the case and whether it is contested or uncontested. An uncontested divorce, where both parties agree on all major issues such as property division, child custody, and support, can be completed relatively quickly, often within a few months. However, if the divorce is contested and the parties cannot reach an agreement, it could take much longer, sometimes over a year, as the court may need to intervene to resolve disputes.
What are the grounds for divorce in New York?
New York offers both no-fault and fault-based grounds for divorce. The most common ground is the no-fault option, which is based on the irretrievable breakdown of the marriage for at least six months. This allows couples to divorce without placing blame on either party. However, New York also recognizes fault-based grounds, such as adultery, abandonment, cruel and inhuman treatment, and imprisonment. Divorce Lawyers in Rensselaer County, NY can help you determine which grounds apply to your situation.
How is property divided in a divorce in Rensselaer County?
New York follows the principle of equitable distribution, which means that marital property is divided fairly, though not necessarily equally. Marital property includes assets acquired by either spouse during the marriage, such as income, real estate, retirement accounts, and personal property. The court considers several factors in determining an equitable division, including the length of the marriage, each spouse’s financial situation, and their contributions to the marriage, both economic and non-economic. Property division can be one of the most contested aspects of divorce, and having Divorce Lawyers in Rensselaer County, NY can help protect your interests throughout this process.
What is the process for determining child custody and support?
In New York, child custody is determined based on the best interests of the child. The court considers factors such as the child’s relationship with each parent, the stability of each parent’s home environment, and the ability of each parent to provide for the child’s emotional and physical needs. Custody can be awarded as joint or sole, depending on the circumstances. Child support is typically calculated based on New York’s Child Support Standards Act, which considers both parents’ income and the needs of the child. Divorce Lawyers in Rensselaer County, NY can provide guidance through the custody and support process, ensuring that the outcome is fair and beneficial for both you and your child.
Can I change my name during a divorce in Rensselaer County?
Yes, you can request to resume your former or maiden name as part of the divorce proceedings. If this request is included in your divorce paperwork, it can be granted by the court when the divorce is finalized. However, if you do not make this request during the divorce, you can still petition the court at a later time to legally change your name. Divorce Lawyers in Rensselaer County, NY can assist in ensuring this process is completed smoothly.
How is spousal support determined in a divorce?
Spousal support, also known as maintenance, is not automatically granted in every divorce case. It is determined based on several factors, including the length of the marriage, the financial needs and earning capacity of each spouse, and their respective contributions to the marriage. The court may order temporary maintenance during the divorce process or post-divorce maintenance after the case is finalized. Divorce Lawyers in Rensselaer County, NY can help assess whether spousal support is appropriate in your situation and work toward a fair resolution.
Do I have to go to court if I want to get divorced?
Not every divorce requires a court appearance. If both spouses can agree on all aspects of the divorce, including property division, custody, and support, the divorce can be resolved through a settlement agreement, which is submitted to the court for approval. In this case, a judge will issue a judgment of divorce without requiring a trial or significant court appearances. However, if there are disputes that cannot be resolved through negotiation or mediation, a court hearing may be necessary. Divorce Lawyers in Rensselaer County, NY can help guide you through the process, whether it involves a court appearance or a negotiated settlement.
What if my spouse refuses to agree to the divorce?
If your spouse refuses to participate in the divorce process or does not agree to the terms you propose, you can still proceed with the divorce. New York law allows for a contested divorce, where the court will intervene to make decisions on disputed issues such as property division, child custody, and support. In these situations, it is critical to have legal representation to ensure your rights are protected. Divorce Lawyers in Rensselaer County, NY can represent your interests in court and work to achieve a fair outcome, even in a contested divorce.
Divorce Lawyers in Rensselaer County, NY Client Story
This client story is for educational purposes only.
Brian never thought he’d be in this situation. He had always believed his marriage to Deborah would last forever, but as the years went on, things started to fall apart. What began as small disagreements grew into bigger issues that couldn’t be ignored. They tried to make it work, but eventually, it became clear that staying together was only making things worse for both of them.
Brian felt lost, overwhelmed by the thought of going through a divorce. He didn’t know where to start or who to turn to. That’s when he found Jean M. Mahserjian, a divorce lawyer in Rensselaer County, NY. From the moment he met Jean, he felt a sense of relief. She listened to him, truly listened, and made him feel like he wasn’t alone in this.
Jean didn’t just offer legal advice—she helped Brian understand the steps ahead and gave him the confidence he needed to move forward. Every time Brian felt like he was drowning in the stress of the divorce, Jean was there, guiding him with a steady hand. She explained everything in a way that made sense and always kept his best interests in mind.
The divorce process wasn’t easy. There were moments when Brian doubted himself, wondering if he was making the right decision. But with Jean’s help, he was able to navigate the difficult conversations, the paperwork, and the emotional toll. She never rushed him, but instead, walked him through every detail, making sure he felt comfortable with each step.
One of the hardest parts was figuring out how to divide their lives, especially since they had shared so much for so long. Brian didn’t want to argue, but he knew that fairness mattered. Jean helped him keep calm during tense moments, reminding him that the goal was to reach a resolution that worked for both of them. Her guidance made all the difference, and in the end, they were able to come to an agreement without unnecessary conflict.
As the divorce was finalized, Brian realized that working with Jean M. Mahserjian had not only helped him legally, but emotionally as well. He felt like he had someone on his side, someone who cared about his future. The weight of the divorce was heavy, but Jean had helped lift it off his shoulders, one step at a time.
Today, Brian is in a much better place. The pain of the divorce has faded, and he’s starting a new chapter of his life with hope. Looking back, he’s grateful for the support and guidance Jean gave him. She wasn’t just his lawyer—she was the reason he was able to get through one of the hardest times in his life.
Contact Mahserjian & Mahserjian-Ortiz, PLLC for Divorce Lawyers in Rensselaer County, NY
If you or a loved one is going through a divorce in Rensselaer County, NY, it’s important to have the right legal team by your side. At Mahserjian & Mahserjian-Ortiz, PLLC, our attorneys understand the emotional and financial challenges that come with divorce. We work hard to protect what matters most to you. Whether it’s safeguarding your children, ensuring fair division of property, or preserving your savings, we will fight to help you navigate this difficult process with confidence.
Divorce can be overwhelming, but you don’t have to face it alone. Our experienced team will guide you through every step of the process, offering the support you need to make informed decisions. We are committed to protecting your rights and your future, so you can move forward with peace of mind.
If you are looking for dedicated divorce lawyers in Rensselaer County, NY, contact Mahserjian & Mahserjian-Ortiz, PLLC today. We are here to help you during this challenging time and will work tirelessly to ensure the best possible outcome for you and your family.