Queens
Divorce Lawyer
Queens Divorce Attorney
Divorce, like any other major family life change, can be incredibly difficult. People rarely approach marriage with the intent to get divorced, but life happens, and circumstances change. The process of disentangling two lives can be time-consuming and stressful, but you can meet the challenge with the help of an experienced Queens divorce lawyer.
Why Choose the Law Offices of Robert Tsigler, PLLC
At the Law Offices of Robert Tsigler, PLLC, we provide comprehensive legal services for all matters related to divorce and family law in Queens, NY. Our team of experienced family attorneys handles a wide range of family law cases, including child custody, support, property division, and asset division.
We understand that family law matters can be emotionally challenging. Our firm is committed to providing compassionate and effective legal representation to our clients. Our Queens divorce attorneys are highly knowledgeable and have extensive experience handling complex divorce cases. We can handle situations ranging from an uncontested divorce to a contested divorce involving significant assets.
Our Approach
When you choose the Law Offices of Robert Tsigler, PLLC, to be your advocate during your divorce, you get more than just a single attorney. You get the experience, reputation, and competence of a large, high-powered law firm in your corner. We have a dedicated staff of more than 35 individuals, and we all work together to achieve positive outcomes for our clients.
We recognize that each case is unique. Our attorneys work closely with our clients to develop tailored strategies that align with their goals and objectives.
Grounds for Divorce in New York State
The oft-repeated saying that half of all marriages end in divorce is not true, but divorce is by no means uncommon. As of 2023, the state of New York had a divorce rate of 2.4 per 1,000 residents. Interestingly, this number is exactly on par with the divorce rate for the entire United States as of that same year. Divorce is a common occurrence in our modern world, and it happens for a wide variety of reasons.
In New York State, a divorce can be classified as fault-based or no-fault. Grounds for divorce are the reasons that the court will recognize as valid for granting a divorce. Here are the grounds for divorce in New York State:
No-fault. This means that the marriage has irretrievably broken down for at least six months, and there is no hope of reconciliation. This is the most common reason given for divorce in New York.
Cruel and inhumane treatment. If one spouse has treated the other in a cruel and inhumane way, either physically or mentally, the injured spouse can obtain a divorce.
Abandonment. If one spouse abandons the other for at least one year continuously, the abandoned spouse may file for divorce.
Adultery. The other spouse may file for divorce if one spouse commits adultery.
Imprisonment. A spouse can file for divorce if the other spouse is imprisoned for at least three consecutive years.
Separation agreement. If both spouses have signed a separation agreement and have lived apart for at least one year continuously, either spouse may file for divorce.
Judgment of separation. If a court has issued a judgment of separation, and the parties have lived apart for at least one year continuously, either spouse may file for divorce.
Uncontested vs. Contested Divorce Cases in Queens
Divorces in New York can be either uncontested or contested. Each kind of case has its own distinctive features. An uncontested divorce is one in which all the arrangements have been agreed upon by both parties, including child custody, support payments, property division, asset division, and any other applicable issue.
A contested divorce, on the other hand, occurs when either or both parties cannot agree on the terms of the divorce. These situations are frequently more emotional and difficult, and they take longer to resolve. Conflicts in contested divorces occasionally need to be resolved through litigation, which can be more expensive and time-consuming.
How We Handle Contested Queens Divorce Cases
Contested divorces can be messy, emotionally charged, and stressful. Proceedings often take far longer to complete than an uncontested divorce, and new problems may arise while trying to negotiate favorable terms. Here is an overview of how we at the Law Offices of Robert Tsigler, PLLC, handle contested divorce cases:
Initial consultation. We start by conducting a detailed initial consultation with our clients to understand their specific situation, goals, and concerns. During this consultation, we provide an overview of the legal process and explain how we can help.
Investigation and discovery. After the initial consultation, we can conduct a thorough investigation and discovery to gather evidence, identify assets, and assess the merits of the case. We can use various tools, including document requests, subpoenas, and depositions, to obtain the necessary information.
Legal strategy. Based on the evidence and facts gathered, we can develop a legal strategy tailored to the specific needs of our client. Our strategy is designed to maximize our client’s chances of success. We can also work to minimize the stress and emotional toll of the divorce process.
Negotiations and settlement. In some cases, we can negotiate a settlement agreement that is agreeable to both parties. We can use our negotiation skills to protect our clients’ interests and provide a fair and equitable settlement.
Litigation. If negotiations fail, we are prepared to litigate the case in court. Our experienced trial attorneys are well-versed in New York divorce law. We are equipped to present a compelling case on your behalf.
At the Law Offices of Robert Tsigler, PLLC, we understand that each contested divorce case is unique. That is why we are committed to providing our clients with individualized attention and support throughout the legal process.
Dividing Assets in a Queens Divorce
In a divorce in Queens, all marital property is subject to equitable distribution. This means that all assets acquired during the marriage, regardless of who paid for them, are subject to division.
Marital property can include the following:
- Real estate, including the marital home
- Bank accounts, including checking, savings, and retirement accounts
- Stocks, bonds, and other investments
- Vehicles
- Personal property, such as furniture, jewelry, and artwork
- Business interests
When the court divides a couple’s assets through equitable distribution, it does so in a way that is fair and reasonable but not necessarily equal. When making its decision, the court will consider elements such as:
- The length of the marriage
- The income and earning potential of each spouse
- The contributions made by each spouse to the marriage
If you are concerned about particular assets owned by you or your spouse and how they will be treated during your divorce proceedings, you can bring a list of those assets to your attorney for some insight as to how things might go.
401(k)s and Divorce in New York
In New York, 401(k) plans are considered marital property and are subject to equitable distribution in a divorce. When dividing a 401(k) plan in a divorce, the court will generally issue a qualified domestic relations order (QDRO). This is a legal document that allows for the transfer of a portion of the 401(k) plan to the other spouse. The QDRO specifies the percentage or dollar amount that will be transferred and how it will be divided between the spouses.
It is important to note that any distributions from a 401(k) plan are subject to federal taxes and penalties if the distribution is made before the age of 59 1/2. However, if a QDRO is used to transfer the funds to the other spouse, the transfer can be made without triggering taxes or penalties.
Queens Child Support and Custody Agreements
Child support and custody are two of the most important issues that parents must address during a divorce in Queens. In New York, both parents have a legal obligation to financially support their children. The amount of child support is determined by a formula that considers the income of both parents, the number of children, and other factors such as childcare expenses and healthcare costs.
Every state has its own laws and regulations regarding child custody. In New York, there are two forms of child custody: physical custody and legal custody. Legal custody refers to the right to make important decisions for the child, such as those concerning education, healthcare, and religion. Physical custody refers to where the child lives. Custody may be awarded to one parent (sole custody) or both parents (joint custody).
Our attorneys at the Law Offices of Robert Tsigler, PLLC, have extensive experience representing clients in child support and custody cases in Queens. We will work tirelessly to help you achieve a favorable outcome in your case.
Why You Should Hire a Divorce Lawyer
Divorce can be a complex legal process with a lot of moving parts in the easiest of circumstances. While it is legal to go through divorce proceedings without the help of a lawyer, doing so is not advisable.
If you are going through a divorce, even if you and your spouse are amicable and you think you can come to an agreement on the terms, you should hire a divorce lawyer to provide some legal oversight. Your attorney can help you and your spouse discuss your options, help you fill out and file your documents, and watch out for any potential problems with your intended divorce terms.
The Importance of Legal Support
Since the process of divorce involves carefully disentangling two people’s lives, including finances and property, it can be fraught with possible legal mistakes that could have financial consequences, such as when you go to file taxes after your divorce is finalized. Mistakes can lead to future headaches and possibly even financial losses, so doing everything correctly the first time is essential.
Furthermore, it is possible that an initially amicable divorce could become contentious if you find that you and your spouse do not agree on everything, as you thought you would. If this happens, it is beneficial to have a skilled attorney on your side to help negotiate and navigate any problem areas.
FAQs
Q: How Much Does a Divorce Lawyer Cost in Queens?
A: Divorce lawyers in New York, including Queens, typically bill their clients on an hourly basis. Attorneys set their own hourly fees, so the cost of services can vary significantly. For uncontested divorces or specific sorts of legal services, some attorneys may also provide flat-fee arrangements. The overall expense of a divorce case will depend on the particulars of the case and how long it takes to conclude.
Q: Who Pays Lawyer Fees in a Divorce in New York?
A: Unless the court orders otherwise, each party in a divorce proceeding in New York is responsible for covering their own legal costs. However, in specific circumstances, the court may demand that one party pay for all or a portion of the opposing party’s legal expenses. This may occur if the court decides that it would be fair and reasonable for one spouse to pay for the other spouse’s legal bills.
Q: Where Are Divorce Cases Handled in Queens?
A: Divorce cases in Queens are handled by the Queens County Supreme Court. The Supreme Court of New York is the only court in the state with the jurisdiction to grant a divorce, and it is housed in county courthouses throughout the state. If you require litigation for your Queens divorce, the hearing will take place in the courthouse located at 88-11 Sutphin Boulevard in Jamaica.
Q: Do I Really Need to Hire a New York Divorce Attorney?
A: You are not required by law to hire a New York divorce attorney to represent you in your divorce case. However, it is highly recommended that you do so. A New York attorney can provide you with knowledgeable legal advice, offer an objective perspective, help with paperwork, facilitate negotiations, and represent you in the courtroom if necessary.
Let Us Help You Advocate for the Rights of Your Children and Your Family
At the Law Offices of Robert Tsigler, PLLC, we work diligently to protect your rights throughout the legal process. Whether you are facing a divorce or any other family law issue, our team is here to provide the guidance and support you need to navigate the legal system successfully. Contact us today to schedule a consultation with one of our Queens family attorneys. Let us help you find a solution that works for you and your family.
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