Gehi & Associates regularly assists clients through the murky and tumultuous waters of New York divorce and related family law matters. New York is a fault based divorce state meaning that a party must demonstrate a wrong committed by the other spouse in order to be granted the divorce. The following are six statutorily enumerated grounds for divorce in New York:
1)
Cruel and Inhuman Treatment: "Cruel and Inhuman Treatment" by one spouse to another. To qualify for a divorce under the ground you must show that your physical and mental safety in at risk if you continue living with your spouse.
2)
Abandonment: In order to qualify under this ground you must show that your spouse has abandoned you for at least one year. This means that they have either a) kicked you out of the marital home or b) left the marital home with no intention of returning.
3)
Imprisonment: If your spouse has been imprisoned for three or more years you may qualify for a divorce under this ground.
4)
Adultery: If your spouse commits adultery you may qualify for this ground of divorce in New York. However, if you too commit adultery, encourage the adultery of your spouse, have sexual relations with your spouse after learning of his or her adultery, you may have waived this ground.
5)
Judgment of Separation: If you and your spouse have not lived together because of a "Decree of Separation" or "Judgment of Separation", given by the Court for at least one year you may qualify for a divorce in New York.
6)
Separation Agreement: You may qualify for a divorce if both you and your spouse enter in a separation agreement that is notarized and the two of you live apart for at least one year and abide by all the conditions of the agreement.
Gehi & Associates understands how difficult it can be to go through a divorce. We have dedicated ourselves to safeguarding your parental rights and property entitlements aggressively with personalized solutions and attorneys who advocate for your rights.
Separation Agreements
As mentioned above, a couple may petition the court for legal separation. The attorneys at Gehi & Associates will work with you to file for divorce. We will work with you to draft and file a separation agreement. The terms to which you and your spouse agree may be incorporated into a future final divorce order, if applicable.
Property Division
New York is an equitable distribution states. However, just because the term contains the word equal does not mean that distribution will be done equally. Many factors come into play and it is in your best interest to contact the attorneys at the Gehi & Associates to safeguard your property interests. We also provide assistance in residential/business closings.
Child Custody
In divorce cases involving child custody, we represent either the father or the mother. We can assist you in seeking temporary custody pending a final order, or a final order awarding custodial privileges. We also assist you in handling handle post-judgment modifications and enforcement matters, including bringing contempt motions against the opposing party.
Child Support
New York determines child support according to statutorily approved guidelines. Where grounds for deviation from the guidelines are present, the attorneys at the Law Offices of N.M. Gehi, P.C. can help you make the appropriate motion to the court for an adjustment of support.
We can help you seek temporary orders of support while final orders are pending and we can also assist you in modifying existing orders of support.
Spousal Support
Spousal support is granted based on a variety of factors. Make an appointment to meet with one of our attorneys to chart the best course of action to safeguard your support rights.
Domestic Violence
We are experienced in seeking or petitioning for domestic violence restraining orders.
Contact the Gehi & Associates for all your family law needs. To schedule your free initial personal consultation call 718-263-5999 to make an appointment at any one of our three branch offices which are located in Forest Hills, Richmond Hill and Jackson Heights.
Other Practice Areas
- Personal Injury
- Wills and Trusts
- Wage and Hour Cases
- Criminal Cases
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