New York Divorce Attorney

At the Law Offices of Lubov Stark & Associates, we provide legal services for all aspects of a divorce in Brooklyn, Manhattan, Queens, Staten Island, and Long Island. Many couples who are having marital problems may explore the possibility of a divorce. These couples naturally have many questions for their divorce attorney. Here are answers to some of the most frequently asked questions:

Q. Do parties need specific grounds to get a divorce in New York?

A. Yes, unless they have a written separation agreement that is at least one year old, which can be converted into a no-fault divorce called a conversion divorce. If the parties do not have a separation agreement, they will require grounds to get a divorce in New York State.

Q. How do I file for divorce?

A. To obtain a divorce judgment, one of the parties needs to file a complaint in Supreme Court and depending if it is an uncontested or a contested matter the case will proceed accordingly.

There are "residency requirements" that must be met. These laws require at least one spouse to live in the state for a certain length of time (usually one year) before filing for divorce.

Q. What happens after the divorce action is filed?

A. After the divorce action is filed, either spouse can ask a court for temporary orders on matters like spousal support and child custody, child support and visitation, and temporary restraining orders on selling or disposing of marital assets. After temporary issues are resolved, the parties can work on resolving permanent support and custody issues. If the parties cannot agree on these issues, the court will decide by holding a trial on the issues.

Q. Can I get a legal separation?

A. Yes. Some couples want to live apart, but for tax, religious, or other reasons do not want a divorce. These couples can get a "legal separation." Like a divorce, the parties will resolve custody, support, and property issues. However, a legal separation does not end the marriage. You cannot remarry unless you get a divorce. A separation agreement is a very serious document and should be drafted and reviewed by legal counsel before the parties execute the same. It is a binding contract between the parties and many issues may be waived if not properly addressed or resolved in the separation agreement.

Q. If I want to get a divorce or separation, do I need to be represented by a lawyer?

A. Emotions and complex issues are involved in any divorce or separation, so it is strongly advised to be represented by independent legal counsel from our law firm. Each spouse should have his or her own divorce attorney, even if the parties are on friendly terms. Lawyers can advise their client about property division, support, custody, and other issues, and explain tax and other consequences regarding these matters prior to entering into an agreement. All clients are advised to consult a divorce or child custody and support lawyer of their choice before signing any legal document because "ignorance of the law is no defense."

The Law Offices of Lubov Stark & Associates are conveniently located in Brooklyn, and we handle legal matters throughout all five boroughs of New York City. Our dedicated, multi-talented support staff can schedule a consultation for you.

Contact an experienced divorce attorney today for sound and sensitive legal advice, and get the strength of our experience on your side. Credit cards accepted.

Stark & Associates

807 Kings Highway
Second Floor
Brooklyn, NY 11223
718-998-3600 (phone)
718-998-0622 (fax)