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The prospect of the matrimonial action is daunting to most individuals. Usually the decision to end a marriage is not reached quickly. Instead, it is often that an aggrieved spouse comes to Meggesto, Crossett & Valerino, LLP, after a protracted period.
Marriage in the State of New York is a civil contract. The contract, thus, can only be dissolved by a Court Order, typically by a Decree of Divorce, although in some circumstances, an Annulment is granted. Proceedings for divorce or annulment are commenced in the Supreme Court, in the county in which you reside.
New York does not have a "no fault divorce". Instead, in order to obtain a divorce in New York State, you must prove grounds, even if both parties agree that they would like to have the marriage ended. Common grounds for divorce in New York State are based on the fault of one of the parties and include cruel and inhuman treatment, abandonment for one or more years, imprisonment for three or more years and adultery. In addition, grounds for divorce may be obtained by living apart under a Separation Agreement, or a Separation Decree, for one year.
Often times, neither party wishes to prove the fault of the other and thus, negotiations are entered into to hammer out an agreement between the parties, under which they will live for one year, and then seek a divorce, based upon having lived under the agreement for the statutory period.
The distribution of assets and the setting of support obligations is governed by the principles of equitable distribution. The Equitable Distribution Law does not relate to the fault of the parties. Instead, distribution of assets is based on flexible and equitable principles, depending upon the circumstances and the duration of the marriage. Generally speaking, there are two classes of property created, one known as marital, the other known as separate property. Typically, marital property is the property acquired during the marriage, with certain exceptions for inheritances and other gifts, and separate property.
While the decision to end a marriage may be mutually arrived at in a rather amicable fashion, often the distribution of assets and the custodial arrangements made for any minor children are less easily resolved.
The attorneys at Meggesto, Crossett & Valerino, LLP take the time to understand your personal situation and needs. They strive to reach an arrangement that meets both your financial and legal needs.
The fees in a matrimonial proceeding can be daunting. The law prescribes particular requirements for a retainer agreement in a matrimonial action, and prescribes regular billing periods.
Fortunately, many matrimonial matters, especially those involving children, may take months, if not years, to resolve and therefore, the relationship formed with your attorney is important and your selection should be made with care.
We invite you to discuss your matrimonial situation with one of our attorneys to determine if our philosophy and demeanor are what you have been looking for.
Collaborative Law
If you are seeking a divorce, legal separation, or have a custody or child support issue, or would like a premarital agreement or postnuptial agreement drawn, you may want to consider an alternative to litigation, arbitration or mediation. Our firm is one of the few law firms in Syracuse that are trained in the up and coming area of Collaborative Law.
In simple terms what is Collaborative Law, it is a new dispute model being practiced by a number of attorneys throughout the United States that gives clients a choice whether or not to go to Court when they have a legal issue. Collaborative law attorneys assist their clients in reaching a settlement of their dispute without court intervention. As participants in the process, attorneys and clients work to together in to devise an individual settlement that addresses the needs of the parties.
In a Collaborative Law case the individual attorneys for the clients involved assist the client in negotiating an agreement that will be legal and binding on the parties but do not require court intervention. Collaborative Law can be used in a variety of disputes such as those mentioned above or probate disputes, employment disputes, partnership dissolutions and any other contractual dispute.
The difference between the collaborative law process and mediation is that both parties to the dispute must have a collaborative law attorney, whereas in mediation there is one neutral professional who cannot give either party legal advice or assist in advocating a parties’ position. Although, like mediation, the goal of the collaborative law process is meet the needs of the parties and have the parties determine their own solutions to the problem.
If you have a legal problem and would like hear more about how your problem will be addressed in the Collaborative Law process, or are just interested in learning more about Collaborative Law feel free to contact, our Collaborative Law attorney, Deborah A. Bellomo, Esq., at (315) 471-1664, and/or check out the Central New York Collaborative Law Attorney website at www.cnycollaborativelaw.com.
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| The material contained in or made available through this Web site should not be relied on as legal advice and is not intended as an offer to represent you, nor does it create an attorney/client relationship. The content of any e-mail sent to Meggesto, Crossett & Valerino, LLP or any of its attorneys via this site will not create an attorney/client relationship and will not be treated as confidential information. This site has been prepared for informational purposes only, and the completeness, accuracy or timeliness of any material contained in this site is not warranted or guaranteed. Your use of any information from this site or materials linked to this site is at your own risk. |
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James A. Meggesto
Deborah A. Bellomo