Divorce rates are increasing as the years pass, but just because divorce is happening more often, does not mean the process is any easier. There is a lot of emotional and financial burden both parties will experience when deciding to split up permanently. The last thing anyone in such a situation needs is to deal with the legal process on their own.
When a divorce happens, it is not uncommon for one party to make false and extreme claims against the other in the hopes of securing more financial benefit or in the hopes of getting better custody of the children. If a person has false claims made against them, then they will need the help of a lawyer more than anything to ensure they clear their name and they are not taken advantage of.
Many people are unaware of their rights when splitting up, and they end up signing the final agreement when it is against their favor. A lawyer will educate a person on their rights, so they only sign the final agreement when they are satisfied with how the matter turns out. It may seem like an extra expense to hire a lawyer, but there are so many benefits to doing so that the expense is well worth it in the end.
Providing spousal maintenance after a divorce in Queens, New York
In New York, there is a presumptive award when it comes to maintenance and this award must be paid by the spouse who has the higher income. There is a basic guideline that must be followed temporarily until a proper financial assessment is done, and the real amount can be decided.
Divorce is never easy but if a person has decided they want to take this route, they will have to provide their reasoning for their decision. New York is a no-fault state when it comes to divorce. This means that there doesn’t necessarily have to be abuse, infidelity, or abandonment for the divorce to be valid. A person has to swear that their marriage has broken down irreparably for at least the last six months, and this is generally considered grounds enough for filing a divorce.
If a person seeks a divorce on the fault-based ground, they must prove that the events occurred. For instance, if they are claiming their spouse abandoned them, they must prove their spouse has been living apart from them for at least one year.
Get in touch with a divorce lawyer at the Law Office of Charles Zolot to learn more about the divorce process and to get legal help.
Reach them at:
37-06 82nd Street
Jackson Heights, NY 11372
Phone (718) 779-6545
Fax (718) 779-6640