Divorce Syracuse, New York Divorce Lawyer
Divorce is a painful experience, but it is also a new beginning. Each family's needs, values and goals will be different from another family. Some clients initiate their divorce and others have it thrust upon them. Attorney Barker has fourteen years of experience helping people through the process of divorce. New York is one of the few states in the U.S. that does not have "no-fault divorce." You cannot obtain a divorce in New York based on "irreconcilable differences." There must be some ground for a divorce. In New York, the grounds are:
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Cruel and inhuman treatment
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Abandonment of one or more years
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Confinement in prison for a period of three or more consecutive years
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Adultery
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Living separate and apart for a period of one or more years pursuant to a decree or judgment of separation or a Separation Agreement
Use a Separation Agreement as a Precursor to Divorce
If you or your spouse lives in New York and you are truly convinced a divorce is inevitable, you are urged to contact an experienced attorney promptly, especially if you do not wish for your divorce to drag on any longer than necessary.
At the law offices of Elisabeth A. Barker, Attorney at Law, we are prepared to help you initiate a divorce action. In the event grounds for a divorce do not yet exist, Attorney Barker assists clients with the preparation and drafting a Separation Agreement that may lead to divorce as soon as practicable. Some couples do not choose divorce for religious, moral or practical reasons. A legal separation in New York State requires much of the same decision-making process as a divorce and involves many of the same issues. A Separation Agreement can be in effect until one party dies or until the two partners decide to move ahead with a divorce. Financial records and other key pieces of information are necessary and helpful in preparing a separation proposal that will protect your rights during the period of time when you are separated and later when divorced.
Many Issues to Consider in a Divorce and/or Separation
Many clients of Elisabeth A. Barker, Attorney at Law, choose collaborative law over litigation as their preferred means of reaching decisions about all aspects of a divorce. If there are no children or the children are over 21 years of age, a divorce between spouses may only involve spousal support and equitable distribution/division of property. However, if there are children younger than 21 years of age, a couple facing divorce should address issues such as:
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Spousal support/maintenance
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Property division/equitable distribution of marital assets and debts, including real property, bank and retirement accounts and credit card debt.
Very few of divorce cases will go to trial. When couples can mediate or engage in collaborative law methods for the sake of reaching a reasonable separation agreement, the groundwork is laid for a smooth divorce at the end of one year. In some cases, a divorce trial that looms because of the lack of a written Separation or Opting-out Agreement. However, the divorce can be resolved by placing an oral stipulation on the record which consists of the same terms and conditions as a separation agreement.
Contact Elisabeth A. Barker, Attorney at Law, to schedule a consultation regarding grounds for divorce and how to craft a workable separation agreement.
