Experienced Saratoga Divorce Attorneys
Empathetic and Effective New York Divorce Law Services
Just as no two marriages, and no two families, are the same, every divorce is different. At Jean M. Mahserjian, Esq., P.C., our clients come to us with a variety of questions and concerns, reflecting their unique circumstances. Though these concerns can be broadly categorized, we know that the solutions are found in the particulars. That’s why we work closely and collaboratively with you to identify and prioritize your goals ― and formulate a strategy for achieving them.
New York State Divorce Law
New York State passed new laws in 2010 allowing for no-fault divorce based on a marriage being irretrievably broken for at least six months. This means that as long as both spouses agree on the key divorce issues including spousal support, child custody and support, and division of property, you can file an uncontested divorce quite simply. However, if one spouse does not agree to the divorce, then to end your marriage you must have a legally acceptable reason. Grounds for divorce in New York include:
- Cruel and inhuman treatment
- Three consecutive years’ imprisonment
Many couples choose mediation as a way to come to agreement in a contested divorce situation.
To divorce in New York State, you must have lived in the state for at least one year. However, the residency requirement can be shortened to less than a year in “fault” divorces where one or both spouses have not resided in the state for a year but the grounds for the divorce took place in New York State.
If you meet the residency requirement, in a contested divorce, the process starts with one spouse filing divorce papers and serving the spouse with copies. In an uncontested divorce, the served spouse agrees with everything and signs the papers. However, if the served spouse disagrees with anything in the filing, then they file papers contesting the divorce. A series of court appearances ensue in which you sort the issues out. The judge determines how your property is divided and if spousal support is awarded. If child custody and support issues have not been resolved in Family Court, the judge may also make decisions about these matters. If all issues are resolved, the judge issues the final divorce decree.
In New York State, the average uncontested divorce takes six months if assets and children are not involved. A contested divorce can take one year.
Our Albany family law services cover every aspect of divorce at every stage, from contemplation to litigation, from settlement to modifications of orders. Jean M. Mahserjian, Esq., P.C. maintains low effective hourly rates for all of our legal services.
Contact our trusted Albany divorce attorneys
To speak with a reliable divorce attorney in Saratoga County, call Jean M. Mahserjian, Esq., P.C. at (518) 383-1182. We are happy to answer your questions and schedule an initial appointment at our Clifton Park office. You can also schedule an appointment by contacting us online.