Ending a marriage is one of life’s most stressful and emotional experiences. But you don’t have to go through it alone. Working with the right Scarsdale, New York Divorce Lawyer can make all the difference in the world.
At Douglas Family Law Group, we understand that the divorce process can be challenging for everyone involved. This is why we are committed to providing you with the necessary information and guidance to make educated decisions about your case. Our team will handle the legal side of things on your behalf so that you can focus on your family and well-being.
Contact us today to learn more about our compassionate Scarsdale family law firm, and how our team can help you navigate these challenging times. We offer initial case evaluations, so don’t hesitate to call us at 914-615-9058 to schedule yours.
Divorce
You are not alone if your marriage is one of the many that did not work out as planned. Get the professional counsel of an experienced and compassionate divorce lawyer in Scarsdale to guide you through the entire process.
What Are the Grounds for Divorce in New York?
In New York, you and your ex-spouse have to have valid grounds to be granted a divorce. The law allows for both no-fault and fault-based divorces as outlined below.
No-Fault Grounds
A no-fault divorce may be granted if it’s established that there has been an “irretrievable breakdown of the marriage” for at least 6 months before the couple files for divorce. This means that the spouses no longer want to be married, and they are unlikely to ever reconcile.
It’s worth noting that before the court awards a no-fault divorce, the couple must agree that all of the issues in the divorce have been resolved, including child custody, division of property, maintenance, and payment of the relevant costs.
Fault-Based grounds
You can file for a fault-based divorce for the reasons listed below:
- Inhuman and cruel treatment. This happens when a spouse needs to leave the marriage due to being mentally or physically in danger.
- Abandonment for a year or more is a valid ground for divorce in New York. This includes situations where one spouse refuses to have sex with the other, also called “constructive” abandonment.
- Adultery is often a tricky ground for divorce as you have to prove your spouse’s infidelity with compelling evidence.
- You can also file for divorce if your partner is imprisoned for three or more consecutive years.
- You can divorce following a period of legal separation. This ground is often used after an agreement has been signed and the spouses have been living apart for at least a year.
What Does Contested Divorce Mean?
In some divorce situations, the couples are no longer able to agree on important decisions that have to be made before the divorce is granted. A contested divorce is where both spouses cannot agree on the terms of their divorce. There are a number of reasons for this, including:
- One spouse doesn’t want the divorce to go through
- There are disagreements on important matters such as child support, asset division, spousal support, and child custody.
- There’s a power imbalance in the marriage and its dissolution.
A divorce typically has many financial, legal, and emotional effects on all family members. For this reason, it’s important to have a seasoned Scarsdale divorce lawyer by your side throughout every step of the process. When you work with us, we can work together to build a new future for you and your family.
Maintenance
During a divorce, one spouse might seek maintenance or spousal support. In many cases, the request is reasonable, and the amount can be negotiated or ordered by the court. Whether you will pay or be paid maintenance depends on the unique situation of the couple and their history, separate from the division of marital assets.
What Is Spousal Support and Maintenance?
Spousal maintenance refers to payments made by one former spouse to the other. It’s designed to help a lower-earning spouse after the divorce is official. Spousal support is similar, but the payments occur while the couple is still legally married. The two parties may be separated and preparing to divorce.
How Is Maintenance Determined?
New York State laws have guidelines for judges to use when establishing the award of spousal support. There are two formulas, one for couples without children and one for those with children. Both formulas are based on the net income and some allowable adjustments.
The court will account for a number of factors when deciding maintenance, including:
- The behavior of each spouse during the marriage
- Source of income and occupations of each spouse
- Duration of the union or marriage
- Age, mental and physical health of each spouse
- Debts and assets acquired during the marriage
- Care for the children resulting from that union
- Future income of both parties
- Note that based on financial needs, maintenance can be awarded to either spouse, not just the wife.
When Can I Stop Paying Maintenance?
A judge can modify maintenance whenever a substantial change in circumstances has happened. However, the modification of maintenance is usually not automatic – the spouse making the request has to file a motion with the court and ask for a change in the amount of support. Maintenance may last until such a modification, or when the recipient spouse remarries or either spouse dies.
Tensions can run especially high when dealing with maintenance matters in a divorce. Having the right divorce lawyer on your side can help ease the tension. You can even negotiate the maintenance successfully before the court gets involved.
Uncontested Divorce
For couples looking for a viable alternative to a lengthy, costly, and divisive way of finalizing the divorce, an uncontested divorce is the way to go. It’s an efficient, inexpensive, and life-affirming way of ending your marriage.
What Is an Uncontested Divorce?
An uncontested divorce happens when both spouses are in agreement on all aspects of the divorce without the need to rely on the judgment of third parties or the court. It’s considered an amicable way to divorce since both parties are satisfied with decisions on child support, spousal support, and division of marital property. It’s also significantly cheaper than a contested divorce and often results in a swift finalization.
What Are the Requirements for an Uncontested Divorce?
For your divorce to be considered uncontested, you and your soon-to-be ex-spouse must agree on some of the main issues of the divorce, including:
- The grounds for the divorce
- Child support
- Child custody
- Property division
The grounds for divorce in uncontested divorces are usually referred to as “irreconcilable differences”, meaning that either spouse feels they have grown apart and their mutual interests have changed completely.
What Are the Differences Between a Contested and Uncontested Divorce?
One of the main differences between contested and uncontested divorces has to do with price. Since uncontested divorces require very little intervention from the court, they also tend to cost much less than contested divorces due to the minimal divorce lawyer involvement.
Another distinction between the two is how much time is needed from the divorcing parties. With uncontested divorces, the couple never has to appear in court in person. In contrast, contested divorce requires the couple to appear in court many times to help address the issues at hand.
Our Uncontested Divorce Lawyers Can Help
At Douglas Family Law Group, our team of uncontested divorce lawyers is always ready to help you navigate the divorce process and ensure that you can reach a resolution that protects the interests of your children and is mutually agreeable.
High Net Worth Divorce
If the married couple had significant assets and valuable property in their marriage, these assets would be at stake in the event of a divorce, especially in the absence of a prenuptial agreement. In such a case, you should work to protect your rights and best interests.
What Does a High Net-Worth Divorce Lawyer Do?
A high-net-worth divorce tends to be complex for a number of reasons. For starters, there are more assets to deal with, making property division a lot more difficult. There are also several factors that come into play, including, maintenance/spousal maintenance, child support, business assets, pensions, high assets 401(k) accounts, and inheritances.
A high net-worth divorce lawyer will ensure that all your rights are protected at every stage of the divorce. They will be able to approach the case in a manner that will help you reach the best outcome possible. A divorce lawyer can also help you understand your rights and obligations regarding the divorce so that you’re better prepared for what’s coming.
At Douglas Family Law Group, our Scarsdale family law attorneys understand that many assets can be lost during long divorce battles, especially through unnecessary and irresponsible legal counsel and litigation. Our team will take the time to handle your case appropriately, giving it the personalized attention it needs, to avoid such problems and protect your assets as much as possible.
How Do I Know I Need a High Net-Worth Divorce Lawyer?
In most cases, high net-worth divorces are those involving at least one spouse with an asset value of $1 million or more. These assets may involve real estate, stocks, businesses, bonds, retirement accounts, etc. Which will all have to be identified, valued, and divided during the divorce.
How Can Douglas Family Law Group Help Me with My High Net-Worth Divorce?
Although no divorce will be completely free of financial difficulties, when it comes to high-net-worth couples, the legal process could be particularly challenging. This is especially true when it comes to everything from the division of complex business interests and assets to child support and maintenance orders.
Our team can help you with the following:
- The correct discovery of both separate and marital property in the divorce
- The proper valuation of all assets in the divorce
- Help to avoid making erroneous and emotionally charged decisions
Keep in mind that both parties must disclose all their assets, debts, and other relevant financial information. However, it’s not uncommon for some parties to attempt to hide or withhold some assets, which may lead to further complications in dividing up the marital assets. Our team can help you uncover such tactics and ensure a favorable outcome.
If you have a significant net worth, your divorce can easily become complicated, stressful, and lengthy. Going through a divorce unprepared or without a lawyer can have dire consequences. Don’t put yourself in such a vulnerable position. Get the help of an experienced high-net-worth divorce lawyer today.
Business Valuation
During the divorce process, the distribution of marital property is often a complex issue. This is especially true if one of both spouses owns a business.
What is a Valuation Lawyer and What Do They Do?
A business valuation lawyer is generally involved in the process of determining how much an owner’s interest is worth in a business, especially focused on the economic value of the share. This valuation can be used to determine the worth of a business as a whole, and the value of each owner’s interest in the business.
If one or both of the spouses own a business, part of the divorce process would involve obtaining a valuation of the business to establish the value of the business when the divorce begins and establish the increase in the value of the business over the course of the marriage. The appreciation of the business might be subject to equitable distribution.
With such complexity, you cannot afford to proceed without a seasoned divorce lawyer with extensive experience in handling business owner divorces. Douglas Family Law Group is a full-service firm, and our team readily consults with various tax attorneys and CPAs where necessary.
How to Value a Business During Divorce
There are generally three main approaches to business valuations:
The Income Approach
This aims to establish the value of a business by examining the income level that a business is expected to generate. This can be achieved by studying historical earnings and projections for future cash flows.
The Assets Approach
This approach seeks to determine the value of a business through the examination of the value of all assets of a business, such as intellectual property, real estate holdings, private equity, and more.
The Market Approach
The value of a business can be established by looking at transaction prices or stock prices of similar businesses. There are several methods that fall under this category, including the transaction method and the guideline company method.
What Types of Information Will Be Looked at to Determine Value?
When valuing a business, the books and records of the business will be examined thoroughly. The evaluator will also speak with you in-depth about the business and will compare it to others of its type to establish the current value of the business and the appreciation of the value of the business.
They will also examine:
- What the business owns
- The profitability of the business
- What the business owes
Our Business Valuation Lawyers Can Help
The property valuation lawyers at Douglas Family Law Group can help you navigate the business valuation process during a divorce. Once we have worked out what your business is worth, we can help you reach a workable agreement that accomplishes your objectives.
Marital Property Division
If you’re considering divorce, it’s crucial to understand how property division works in New York and what it means for your various assets.
What Is the Property Division in New York?
New York is an equitable distribution state. This means that with few exceptions, any property or assets the couple acquired during their marriage is subject to equitable distribution in the event of a divorce. The court does not account for whose name the asset is in.
How Does a Marital Property Division Lawyer Determine Property Value?
Equitable distribution refers to a form of property division the court considers fair, based on the specific circumstances of the case, including the duration of the marriage. There are several factors the court considers for fair asset division. They include:
- How much property each spouse had at the time they got married.
- The age and physical health of each spouse.
- How much property each spouse owned at the time of filing for divorce.
- What future financial requirements are expected of each spouse.
- Whether either spouse was awarded maintenance in the divorce.
Assessing these factors will help make it easier to determine who is entitled to what property during the divorce.
What Is the Process of Dividing Property?
New York generally considers two forms of property in the equitable distribution process – marital property and separate property. Marital property is any property that was acquired by either spouse over the course of their marriage, whereas separate property is any property that was acquired before the marriage or out of the marriage, like gifts and any inheritance. All marital property will generally be eligible for equitable distribution while separate property is exempt.
Contact a Scarsdale Equitable Distribution Lawyer
We have been taking on property division cases throughout New York for decades now, and our team is extremely skilled and knowledgeable in the equitable distribution laws in the state. You can rely on us to effectively represent your best interests and help safeguard your financial stability during and after a divorce.
Whenever you need the counsel and guidance of a Scarsdale, New York Divorce Lawyer, call the offices of Douglas Family Law Group at 914-615-9058 to schedule a case evaluation. Our firm is dedicated to helping couples and their children navigate the throes of divorce so that they can proceed with their lives as seamlessly as possible.
