Going through a divorce can be a very stressful and emotional time in your life, but having an experienced divorce lawyer on your side will help make your case go as quickly and smoothly as possible. The impacts of a divorce are felt throughout the family, and knowing how to handle these financial and emotional changes will go a long way in preserving the emotional and physical wellbeing of all those involved.
At Tully Rinckey, we thoroughly understand the complex situations that can arise during a divorce proceeding, and our attorney’s combined experience in New York State divorce law will help in advocating on your behalf and in your best interest.
Compassionate and Knowledgeable Divorce Attorneys in White Plains
In a divorce, the goal is to come to a resolution as quickly and stress-free as possible by negotiating a favorable settlement agreement without having to go to court. If you find yourself at a standstill in your divorce and cannot come to a favorable agreement, Tully Rinckey’s team of New York State divorce lawyers will represent your interests aggressively in court to secure the best possible outcome for your case.
Our Westchester County divorce attorneys have over 100 years of combined experience practicing law to secure our clients’ wishes. We routinely assist individuals throughout Westchester and Rockland Counties, as well as the New York City Metropolitan Area.
Before you can get divorced in New York State, you must satisfy residency requirements and meet one of the grounds for divorce.
What are the Residency Requirements for obtaining a divorce in New York?
To be granted a divorce in New York State, certain residency requirements must be met. To file for a divorce in New York State, you must satisfy one of the following requirements:
You or your spouse must have been living in New York State for a continuous period of at least two (2) years immediately before the date you start your divorce action; or
You or your spouse must have been living in New York State on the date you start your divorce action and for a continuous period of at least one (1) year immediately before the date you start the divorce action, and at least one of the following must also be true:
Your marriage ceremony was performed in New York State; or
You lived in New York State with your spouse as husband and wife.
You or your spouse must have been living in New York State for a continuous period of at least one (1) year immediately before the date you started your divorce action, and your grounds for divorce must have happened in New York State.
You and your spouse must be residents of New York State (no matter how long) on the date you start your divorce action, and your grounds for divorce must have happened in New York State.
What are the Grounds for obtaining a Divorce in New York?
Grounds for divorce in New York State fall into one of two categories: no-fault or fault-based grounds.
No-fault Divorce:
Individuals can seek a “no-fault” divorce if at least one party states under oath that the parties agree that the marriage has “broken down irretrievably” for a period of no less than six months prior to the commencement of the divorce proceedings.
However, no judgment of divorce shall be granted unless and until the economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel fees and expenses, as well as the custody and visitation with the children of the marriage, have been resolved by the parties or determined by the court and incorporated into the judgment of divorce. No-fault grounds are particularly appealing to parties seeking a divorce because they set the most streamlined course for obtaining a divorce.
Fault-based Divorce:
Proving fault in a divorce can be challenging, but the family law attorneys at Tully Rinckey are here to help ensure that your rights are protected. Below are the fault-based reasons that couples in New York are permitted to use as grounds for action:
Adultery
Cruel and Inhuman Treatment
Abandonment—physical or sexual
Imprisonment
Living separate and apart pursuant to a separation agreement
Living separate and apart pursuant to a separation judgment or decree
What are the Laws Regarding Legal Separation in New York?
If you are not entirely ready to dissolve your marriage, legally separating from your spouse is a great alternative. In a legal separation, you physically separate from your spouse and enter into a written agreement that resolves issues of custody, child support, occupancy of the marital residence, and other financial matters relevant to the marriage.
What is the Distribution of Property in a New York State Divorce?
New York State uses equitable distribution when dividing marital property. As such, a clear distinction must be made between what is considered “separate property” and “marital property.”
Separate property is defined as the following:
Property acquired before the marriage.
Property acquired by bequest, devise, or descent (i.e., an inheritance).
Gifts to one spouse from anyone other than the other spouse. However, it is often disputed whether a gift was to one or both spouses, with the latter making it marital property.
Compensation for personal injury cases, but only that part that constitutes punitive damages and pain and suffering.
Separate property acquired in exchange for separate property.
Appreciation of the separate property will be considered separate property if the non-titled spouse contributed towards the appreciation.
Property designated as separate by a validly executed marital agreement as defined in a prenuptial or postnuptial agreement.
Marital property is defined as any property that is not within the definition of separate property and is any property that is acquired by either party during the marriage, regardless of who actually owns the asset. Thus, business interests, real estate, bank accounts, and pensions are marital property and are subject to equitable distribution. Likewise, portions of personal injury awards covering lost wages are also marital property, as is an appreciation of separate property when the non-titled spouse can show a contribution towards the appreciation.
Because there are so many details involved in determining how to divide property, it is important to work with our experienced matrimonial attorneys in White Plains to ensure that your rights are protected and that you receive your fair share of property and assets in a divorce settlement.
What are the Rules Regarding Spousal Support?
In New York, either party may be awarded maintenance income or spousal support. There are many factors that are accounted for when determining which spouse will receive support and the amount that is to be paid. In determining spousal support, the court shall examine both parties’ income, the duration of the marriage, lifestyle prior to marriage, tax consequences, the presence of children in the marriage, as well as other factors.
If you qualify for maintenance income, your spouse may not be keen on paying the support amount. It’s important that you have representation from a divorce attorney who will aggressively represent and defend your interests and rights.
Why Choose Tully Rinckey to Help with Your Divorce?
If you have made the decision to end your marriage, you deserve both respect and honesty. Tully Rinckey’s New York State divorce attorneys have over 100 years of combined experience assisting families with numerous family and matrimonial law matters. When choosing Tully Rinckey, you have peace of mind knowing that our divorce lawyers have seen similar cases and can give you the guidance needed during this stressful time. We will be with you every step of the way and ensure that you are both comfortable and knowledgeable about the divorce process moving forward.
Our attorneys have practiced family and matrimonial law across Westchester County, serving those in White Plains, Yonkers, Eastchester, New Rochelle, Port Chester, and more. With a team of family and matrimonial lawyers located across New York State and access to online consultations and bookings, we can assist you at any time and bill at lower rates than competing firms.
Tully Rinckey PLLC’s skilled and knowledgeable divorce lawyers in White Plains treat each case with the highest attention and effort. Our team is here for you to protect your rights and achieve your goals. Contact us today.
We represent individuals in their divorce cases throughout Westchester County, including White Plains, New Rochelle, Yonkers, Port Chester, Eastchester, Scarsdale, Bronxville, and more.
To schedule an initial local divorce consultation with a member of our experienced team, contact us 24 hours a day, 7 days a week, at 8885294543 or info@tullylegal.com
You can also use our secure Live Chat feature to connect with us regarding your matter. You will be connected with a member of our client relations team ready to assist you.
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Let me begin with my continued respect and heartfelt thanks for all you did for me when a simple divorce spiraled out of control. As wounded as I was, I was painfully aware of the emotional toll the litigation was taking on you too. It was that empathy, accompanied by your phenomenal legal skills that kept me together during what was perhaps the most traumatic chapter of my life. I hope I am able to convey an impression of the depth of gratitude I have for you.
G.H.
I retained Tully Rinckey PLLC for a child support modification, which became necessary following domestic violence incidents, my own disability as a result, and my children's increased needs. Tully Rinckey PLLC is professional, proactive and, most importantly, does not suffer fools. They focused on the legal arguments of the case and applied appellate decisions which were directly related. Most importantly to me, they took my case personally. As one who has seen many people promised the sun, moon and stars by attorneys who then treat them as a number, Tully Rinckey PLLC was invested in my case from the beginning. They were able to go directly to the heart of the matter without needing to destroy the other party. They kept the focus on my children's needs and, when the other party refused to settle and hired an attorney, Tully Rinckey PLLC went into overdrive making sure my children would get a fair hearing of the facts in court. They kept the main thing the main thing and her arguments on point. They also ensured that my disability accommodations were honored and was sensitive to the needs my disability created, which was incredibly important for my testimony. I have already recommended Tully Rinckey PLLC several times and will continue to do so.
G.H.
I was represented by Ryan McCall in both custody and support matters. Ryan did an excellent job in both, and we were successful in both. I would highly recommend to anyone in need of great representation to contact Tully Rinckey and speak to Ryan McCall.
T.C.
Thank you it was a pleasure doing business with you. Honestly, you made this experience painless. Much appreciated happy customer.
J. A.
I would like to thank you for the wonderful job Tully Rinckey PLLC did on my behalf. In an unusual circumstance where the custody of my daughter changed for a period of 6 months because of Hurricane Irene, they managed to get the entire case dismissed.
When you choose Tully Rinckey PLLC, you aren’t just assigned an attorney. Your legal matter will be cared for by our entire legal team and support staff. With offices throughout the United States, we make sure you receive legal counsel and representation you can trust.
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Our highly knowledgeable law team comes to the table with attorneys who have 20 to 30 years of experience representing hundreds of clients. With hundreds of years of combined experience in appellate, international and U.S. business and corporate commercial law, litigation, criminal law, immigration, bankruptcy, employment law, estate planning, our team has what it takes to ensure your success.
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