In New York State the Supreme Court has exclusive jurisdiction to hear and determine actions for divorce. Parties that agree to resolve their issues can agree to enter into an uncontested divorce wherein they agree and sign off on documents necessary to achieve the divorce. An uncontested divorce is the most cost effective way to resolve the marital difficulties and move on with your life as you do not have to go to court or pay for your attorneys to make court appearances for you. Along with agreeing to the divorce, the parties will need to agree to all the ancillary issues such as custody, child support, maintenance/alimony, equitable distribution of the assets and debts, including the marital residence and pensions, counsel fees and any other ancillary issues to be determined. You can be divorced in as little as sixty days from the day you and your spouse sign the documents with the law firm. An uncontested divorce is a cost effective, fast way to resolve the issues while minimizing the acrimony and emotional pain and suffering that you would endure with a protracted, contested action for divorce.
“An uncontested divorce is the most cost effective way to resolve your issues and move on with your life.”
If the parties cannot agree to get divorced, or they cannot agree to the terms of the divorce, the parties will need to institute a contested divorce action and must litigate the matter in court to seek a final resolution. Through the strength of litigation, the Law Offices of Paul A. Boronow, P.C. settles most actions for divorce without the need for a trial. If the parties refuse to settle, however, the court will hold a trial and resolve the issues between the parties and issue the necessary findings and judgment of divorce. If you are stuck with a contested divorce action, you need to have strong representation to bring the matter to a close as quickly as possible with as little expense to you as possible while maximizing your entitlement under the law. You can only accomplish a fair and fast settlement of your contested divorce through strong representation and aggressive negotiation. The court will require the parties to exchange pleadings in the form of a complaint and answer, conduct discovery as to the financial holdings and obligations of the parties, and ultimately require the parties to have a trial if they refuse to settle the matter.
“The best way to effectuate a swift settlement of a contested divorce action is by aggressive representation and negotiating from a position of strength.”
At any time during the litigation either party may move for temporary relief or “pendente lite” relief, by making a motion to the court. A motion can be made for exclusive use of the marital residence, custody, child support, maintenance/alimony, contribution to the carrying costs of the marital residence, counsel fees, a temporary restraining order to restrict moving assets, the appointment of experts, and a host of other pendente lite relief. An aggressive pendente lite application may solve the urgent problems with which you are faced and give you financial and emotional solace during the pending litigation.
“A strong pendente lite application and pendente lite order as to exclusive use of the home, contribution to the carrying costs on the home, support, custody, counsel fees and a restraining order is the best way to maintain the status quo and effectuate a strong settlement.”
Discovery in a contested matrimonial action is sometimes quite complex. The Law Offices of Paul A. Boronow, P.C. has extensive experience in discovering the hidden assets of parties. We utilize Interrogatories, Demands for Production, Depositions (Examinations before Trial or EBTs), investigators and other devices to find all of the assets to which our clients are entitled. You cannot ascertain your true entitlement without full disclosure from your spouse. If your spouse refuses to disclose the assets held, you need aggressive representation to discover those assets. We regularly conduct valuations of businesses, real property and enhanced earning capacity, and discover hidden assets for our clients.
“Your attorneys must be aggressive with discovery in order to locate and secure you your rightful share of the marital assets.”
Grounds:
To get divorced in New York a party must plead and prove grounds for divorce. The concept of having irreconcilable differences or no longer liking each other is just not enough. The grounds for divorce in New York are as follows:
Cruel and Inhuman Treatment
For the grounds of cruel and inhuman treatment a party must plead and prove that in the past five years there have been instances of cruel and inhuman treatment that make it unsafe or improper to continue to cohabitate as husband and wife. The longer the term of the marriage, the stronger the allegations need to be.
Abandonment
For the grounds of abandonment a party must plead and prove that the other party physically abandoned them, and have not returned for a minimum period of one year.
Constructive Abandonment For the grounds of constructive abandonment a party must plead and prove that the other party has refused to engage in sexual relations for a minimum period of one year despite demands for sexual relations and there being no medical reason why the other party could not engage in sexual relations.
Adultery
For the grounds of adultery, a party must plead and prove that the other party engaged in adulterous sexual relations with a third party. Adultery must be proved with corroborating evidence (testimony or proof from a source that is not a party) and the moving party can not have condoned the adultery (adultery is condoned when the non-adulterous spouse has sexual relations with the adulterous spouse after becoming aware of the adultery).
Imprisonment for three or more years
For the grounds of imprisonment for three or more years, a party must plead and prove that the other party was imprisoned for three or more years.
Conversion of a Separation Agreement
For the grounds of a conversion divorce, a party must plead and prove that the parties executed a valid separation agreement and that the parties have lived separate and apart and have complied with the terms of the separation.
In most cases the issue of grounds is settled. A party can agree or stipulate to grounds by neither admitting nor denying the grounds but consenting to the grounds. If the grounds are not settled, the court will hold a trial on grounds before the trial on the balance of the issues before the court. The parties are entitled to a jury trial on grounds, although a jury grounds trial is very rare.
It is only after the issue of grounds is determined that the court has the jurisdiction to determine the ancillary issues before the parties of custody and visitation, child support, maintenance (alimony), equitable distribution of assets and debts and all other matters relative to the marital relationship.
If you are contemplating bringing an action for divorce, or if you have received a letter from an attorney or a summons for divorce, you should consult with experienced matrimonial attorneys without delay so you can determine and protect your legal rights.
The lawyers at the Law Offices of Paul A. Boronow, P.C. have been prosecuting and defending divorce actions across Long Island and New York City in Nassau, Suffolk and Queens Counties for over twelve years with positive results. We are aggressive and dedicated and remain a mere phone call away.
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