Queens Divorce Attorney: Protecting Your Future and Your Peace of Mind
Ending a marriage is one of the hardest things you will ever do. When emotions run high, your anxiety can make it difficult to make good decisions on your own. You need a steady hand to lead the way. At Ganci Law Group P.C., I guide my clients through the legal system so they can focus on healing. I have the experience to handle your case, whether your situation is calm or complicated. My goal is to take the weight off your shoulders and make sure you reach the finish line with your rights intact.
Call my office for a consultation. You may reach me by calling 347-808-5133 or sending me an email. I will fight to protect your rights in your divorce. I am also available on WhatsApp. Hablamos español.
Grounds For Divorce In New York
I am attorney Michael Ganci, with extensive experience representing husbands and wives in both Nassau and Queens counties. Filing for divorce includes expressing your “grounds” or legally acceptable reasons for the filing. There are several grounds, including:
- Divorce after separation agreement or judgment – This is one of the least used options.
- No-fault or irretrievable breakdown in your relationship – If you have been apart for more than six months and can agree to all terms such as property division, debts and child-related matters.
- Adultery – Requires evidence of sexual relations with another person.
- Abandonment – When a spouse physically leaves or refuses sexual relations for at least one year or longer.
- Imprisonment – When a spouse has been incarcerated for three years or longer.
- Cruel and inhuman treatment – When physical or mental safety is at risk.
You may start out thinking you can file a “no-fault” divorce but soon realize you and your spouse cannot agree to terms about legal or physical custody of your children or about any number of financial issues. I can help you work out the details of your divorce.
Uncontested vs. Contested Divorce
Under New York’s domestic relations law, if you or your spouse have been living in the state continuously for more than a year and meet certain other restrictions, either of you may commence divorce proceedings. As a NY divorce lawyer, I see two main ways a case moves through the courts. Choosing the right one for you depends on how well you and your spouse communicate.
Uncontested Divorces
Not every divorce has to be a long-drawn-out fight. Sometimes, both people know the relationship is over and want to move forward. In these cases, an uncontested divorce attorney helps you finalize the deal quickly. I draft the legal agreements and file the paperwork with the New York courts to make it official.
Speed is important here, because feelings can change. A spouse might agree to terms today but change their mind tomorrow due to outside pressure or a shift in mood. I work fast to lock in your agreement so you can start your new life.
Contested Divorces
If your spouse refuses to agree to a divorce or fights you on every detail, you have a contested case. They might hold out because of money, religion or simple anger. When a spouse becomes uncooperative, they often try to drag things out to increase legal fees.
As your contested divorce lawyer, I stand my ground. I negotiate when possible, but litigate when necessary. My team works to resolve your case cost-effectively while protecting your children and your assets.
What To Expect In The Divorce Process
The legal process in New York involves several specific steps. While every case is different, most follow a similar path:
- Filing the summons: We start by filing the initial papers with the court to begin the case.
- Service of process: Your spouse receives formal notice that the divorce has started.
- Financial disclosure: Both sides must show exactly what they earn, own and owe.
- Discovery: We gather evidence, documents and testimony to build your case.
- Settlement talks: We try to reach a fair deal without needing a judge to decide.
- Trial: If we cannot agree, we go to court to let a judge make the final ruling.
These steps ensure that nothing is hidden and that the final judgment is fair. My office stays by your side from the first filing until the judge signs the final decree.
Fair And Equitable Asset And Debt Division
Your marital assets and debts are subject to a fair and equitable division. This does not mean that you will each get an exact 50-50 split of assets and debts. It may be reasonable for one spouse to stay in the marital home, or it may be necessary to divide retirement accounts using a qualified domestic relations order to ensure each spouse walks away with what the court deems fair.
This is where working with my law firm, Ganci Law Group P.C., can ensure the uncertainty of your financial stability is addressed. It may be the case after negotiation that you and your spouse are actually able to agree to the terms of your settlement agreement rather than letting the family court create one for you.
Spousal Maintenance (Alimony)
In some marriages, one person earns much more than the other. When this happens, the court may order spousal maintenance. This can be temporary support while the case is moving or permanent support that lasts for years after the divorce ends.
The court looks at how long you were married and the lifestyle you had together. Whether you are the person asking for support or the person asked to pay it, I make sure the final amount is fair. I look at your income and your ability to work to reach a lawful result.
Contact A Kew Gardens Divorce Attorney Today
Waiting too long to get legal help can hurt your case. Decisions made today will affect your bank account and your relationship with your children for years to come. Call Ganci Law Group P.C. right now at 347-808-5133 or send an email to schedule a consultation to speak with a Kew Gardens divorce attorney who cares about your outcome.