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Uncontested Divorce

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Understanding Uncontested Divorce in New York State: A Guide by Divorce Attorney Michael Cohen

Introduction

Divorce is a challenging and emotional process, but understanding your options can make it more manageable. In New York State, an uncontested divorce is a streamlined way for couples to dissolve their marriage when they agree on key issues. As an experienced divorce attorney, Michael Cohen is committed to guiding clients through this process with compassion and expertise.

What is Uncontested Divorce?

An uncontested divorce occurs when both spouses agree on all major aspects of the divorce, including division of property, child custody, spousal support, and child support. This type of divorce can be less expensive, quicker, and less stressful than a contested divorce, where the parties cannot agree and the court must decide.

Benefits of Uncontested Divorce

  1. Time Efficiency: Uncontested divorces are generally faster as they bypass lengthy court battles.
  2. Cost-Effectiveness: With fewer court appearances and less legal wrangling, uncontested divorces can be less costly.
  3. Privacy: These divorces often involve less public disclosure of personal information.
  4. Control: Couples have more control over the outcomes as they make the agreements themselves.
  5. Reduced Conflict: This process can be less adversarial, preserving a better post-divorce relationship, especially important when children are involved.

Eligibility for Uncontested Divorce in New York

To file for an uncontested divorce in New York, certain criteria must be met:

  • Both parties must agree to the divorce.
  • The couple must have resolved all issues related to their marriage.
  • At least one spouse must have lived in New York for a continuous period of one year.

The Process of Uncontested Divorce

The process involves preparing and filing several documents with the court, including the divorce petition and settlement agreement. Attorney Michael Cohen assists clients in drafting these documents, ensuring all legal requirements are met and clients’ rights are protected.

How Attorney Michael Cohen Can Help

Michael Cohen brings expertise and empathy to the table. He helps clients:

  • Understand their legal rights and options.
  • Draft and review all necessary legal documents.
  • Navigate the New York State legal system.
  • Reach fair agreements on divorce-related issues.
  • Finalize the divorce efficiently and effectively.

Conclusion

Divorce is never easy, but an uncontested divorce in New York State can be a smoother path for couples who agree on the terms of their separation. With the right legal guidance, this process can be less burdensome, allowing individuals to move forward with their lives more quickly and with less stress.

Attorney Michael Cohen is dedicated to making this challenging time easier for his clients. With his expertise in New York State’s divorce laws and a commitment to compassionate representation, he ensures that the process is handled professionally and respectfully.

Contact Information

For more information or to schedule a consultation, contact Divorce Attorney Michael Cohen. His experience in uncontested divorce can help you navigate this difficult time with confidence and clarity.

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High Net Worth Divorce in New York

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Divorces involving individuals with a high net worth are often complicated, as they entail various aspects that can be challenging to navigate. This blog post aims to shed light on the complexities of high net worth divorces in New York, covering topics such as businesses owned, retirement accounts, trusts, pensions, inheritance, and child support and maintenance. It is a good primer before speaking with a high net worth divorce lawyer.

Businesses Owned

When a couple has ownership in a business, determining the value of the business and how it should be divided becomes a critical issue in a high net worth divorce. New York follows the equitable distribution model, which means the assets are divided fairly, but not necessarily equally. The first step is to establish whether the business is marital or separate property. If the business was established during the marriage, it is likely considered marital property.

Determining the value of a business can be complex and may require hiring a business valuation expert. Factors that influence the value of a business include goodwill, cash flow, assets, and debts. Once the business’s value is established, the couple can decide whether to sell the business and divide the proceeds, or if one spouse will buy out the other spouse’s share.

Retirement Accounts

Retirement accounts, such as 401(k) plans, IRAs, and pensions, are often significant assets in a high net worth divorce. If these accounts were established or contributed to during the marriage, they are considered marital property and subject to equitable distribution.

Dividing retirement accounts requires a thorough understanding of their tax implications and potential penalties for early withdrawal. A Qualified Domestic Relations Order (QDRO) may be necessary to divide retirement accounts without incurring tax penalties. It’s crucial to work with an experienced attorney and a financial advisor to ensure the proper division of these assets.

Trusts

Trusts can complicate high net worth divorces, as they may be established for various purposes, such as asset protection, estate planning, or tax minimization. Trusts may be revocable or irrevocable, and understanding the nature of the trust is vital to determining its impact on the divorce proceedings.

An experienced attorney can help evaluate the trust’s terms and identify whether the trust assets are subject to equitable distribution. In some cases, the court may consider trust assets as separate property if they were established before the marriage or if they were created as a result of an inheritance or gift.

Pensions

Pensions, like other retirement accounts, can be subject to equitable distribution if they were earned during the marriage. The court may use various methods to divide pension benefits, such as the present value method or the deferred distribution method. The present value method assigns a current value to the pension and divides it accordingly, while the deferred distribution method divides the pension benefits as they are received during retirement.

Inheritance

Inheritance received by one spouse during the marriage is generally considered separate property and not subject to equitable distribution. However, if the inheritance was commingled with marital assets or used to support the marital lifestyle, it might become marital property. It’s essential to keep accurate records of inherited assets and avoid commingling them with marital assets to protect them in a high net worth divorce.

Child Support and Maintenance

Child support and maintenance (also known as alimony) can be more complicated in high net worth divorces due to the lifestyle the family has become accustomed to and the financial resources available to both spouses. The court will consider factors such as the standard of living during the marriage, each spouse’s income and earning capacity, and the needs of the children when determining child support and maintenance awards.

In New York, child support is calculated using the Child Support Standards Act (CSSA) guidelines, which provide a formula based on the combined parental income. However, for high-income

earners, the court may deviate from the CSSA guidelines to ensure that the child support amount is fair and meets the child’s needs. Maintenance awards may also be subject to deviation from the standard formula in high net worth cases, as the court may consider additional factors to reach a fair and equitable amount.

Protecting Your Interests in a High Net Worth Divorce

High net worth divorces require skilled legal representation, as the stakes are higher and the complexities are greater. An experienced attorney will ensure that your assets are accurately identified, valued, and distributed fairly. They will also work diligently to protect your interests and help you navigate the financial and emotional challenges that come with divorce.

In addition to legal representation, it’s crucial to assemble a team of financial professionals, such as forensic accountants, business valuation experts, and financial advisors, to assist in the process. This team will help identify hidden assets, evaluate complex financial instruments, and provide guidance on tax implications and long-term financial planning.

Conclusion

Divorces involving high net worth individuals in New York present unique challenges that require specialized knowledge and experience. By understanding the intricacies of businesses owned, retirement accounts, trusts, pensions, inheritance, and child support and maintenance, you can better prepare for the legal process and safeguard your assets. Don’t hesitate to seek the guidance of a seasoned attorney or a high asset divorce attorney and a team of financial professionals to help you navigate this complex and challenging journey.

College Tuition and 529 Plan- How are responsibilities divided when getting a divorce?

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College Tuition and Fees

According to the college board, the average cost of tuition and fees for the 2010-2011 school year was $27,293 at private colleges, $7,605 for in state residents at public colleges and $19,595 for out of state residents attending public universities.  These numbers do not include room and board expenses.  In New York State, the cost of college is higher than the national average as is the cost of room and board.

Child Support and College Tuition After a Divorce

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Typically, divorced parents agree to contribute towards the college expenses of their children in proportion to their incomes.  Generally speaking, contribution towards college expenses are limited by the courts to a SUNY “cap” and the non custodial parent gets a dollar for dollar credit against their child support obligation to the extent they contribute towards their child’s room and board expenses.  For example, if a non custodial parent’s share of college expenses amounts to $10,000 per year, $2,000 of which represents their contribution towards room and board, the non custodial parent will receive a $2,000 credit against their child support obligation.  The custodial parent may avoid this result by a carefully crafted separation agreement that contains a provision that specifically states that the non custodial parent will not be allowed to claim a dollar for dollar credit against theirchild support obligation to the extent they contribute towards their child’s room and board.   If you enjoy residential custody of your child, this clause would be of great benefit to you, particularly where your child is attending a private university whose tuition greatly exceeds the tuition of a SUNY school since the non custodial parent’s contribution is generally limited by the abovementioned SUNY “cap”.

To understand this better its always good to speak to a competent child custody and divorce lawyer so that you are fully aware of your unique situation. Call Michael A. Cohen at 516-280-6806.

How Long Does It Take To Get A Divorce In New York?

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Going through a divorce can be a very emotional time in a person’s life, therefore, many people want to know what they should expect before initiating the divorce proceedings. One of the questions often posed by people considering initiating a divorce proceeding is, ‘how long does it take to get a divorce?’. If you are seeking a divorce in the state of New York, the length of time which it will take from the time the divorce proceedings are initiated until a final Judgment of Divorce is issued can vary depending on several factors.

One of the most significant factors which determines how long a divorce proceeding may take is whether it is an uncontested or a contested divorce. An uncontested divorce is one where all of the terms of the divorce are agreed upon by you and your spouse, and it does not require going to court. An uncontested divorce usually takes anywhere from two to six months from the time the papers necessary to obtain a divorce are submitted to the Court, depending on the County in which you are obtaining the divorce.

Contested divorces can take significantly longer than uncontested divorces. In fact, contested divorces can take several years, depending on the issues involved and their complexity. A contested divorce is one where one or both spouses disagree as to equitable distribution of marital assets and debts, spousal maintenance, custody, child support and attorney’s fees. The matters in question in a contested divorce are resolved either by settlement or at a trial.

Assuming your divorce is “contested” and Court intervention is necessary, the Court will initially direct the parties to appear with their respective attorneys at a Preliminary Conference to advise the Court of the issues that have been resolved as well as the issues that remain in dispute. Depending on the nature of the issues that remain unresolved, the Court will set a schedule for financial disclosure, depositions, and appoint experts, if appropriate. The Court will set a discovery schedule which may range from 4 months to almost a year. To find out how long your divorce will take call Michael A Cohen at 516-280-6806.

No-Fault Divorce

It is important to note that as of October, 2010, the State of New York began to accept no-fault divorce filings along with the previous fault standard for divorce filings. This made it significantly easier to obtain a “No Fault” divorce, even if your spouse does not want a divorce. All that is required to obtain a “No Fault” divorce is for one party to allege that the marriage suffered an irretrievable breakdown and has been irretrievably broken for six months or more prior to filing for a divorce.