Divorce

Filing for Divorce – Is it Time?

If the time has come to consider filing for divorce, Van Loon Law, PLLC provides a full array of legal services in prosecuting and defending divorce actions.

Other related services available include crafting pre-nuptial agreements, post-nuptial agreements, separation agreements, property settlement agreements, annulments and qualified domestic relations orders.

What is an Action for Divorce?

An Action for Divorce, also referred to as a Matrimonial Action, is defined by Article 10, § 170 New York State Domestic Relations Law as:

§ 170. Action for divorce. An action for divorce may be maintained by a husband or wife to procure a judgment divorcing the parties and dissolving the marriage.

The Judgment of Divorce provides the parties with a written, enforceable decision that governs the division of marital assets and liabilities.

There are currently seven grounds for seeking a divorce, including the most recent legislative revisions that created a new ground which does not require traditional ‘fault’ or wrongdoing by one of the spouses.

Divorce Actions are generally characterized as either “Contested” or “Uncontested”. If the parties are unable to reach a settlement or agreement, the divorce is considered contested, and the action will continue through the Courts, which may result in a factual determination of the issues by a New York Supreme Court Judge.

Effective legal representation is the key to protecting your custody rights, property rights and alimony rights. The ultimate goal of a Divorce Action is to end the legal relationship and obligations with your spouse. Do not be intimidated into settling for less than your appropriate share in the marital estate.

Please scroll through our extensive list of question and answer videos for commonly asked questions.