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Couples who are planning to cohabitate or marry should consider working with an attorney to draft a premarital or cohabitation agreement to establish a framework for handling financial and property issues that arise during marriage. By addressing these issues early, you may avoid conflict in the future.
Solving the Legal Problems of Divorce
Ending a marriage is an emotional process punctuated by disputes and dilemmas. It also involves a formal and binding agreement regarding division of assets, parenting arrangements and any continuing financial support.
Kingston, New York divorce lawyer Jonathan Sennett protects your interests while guiding you to practical and lasting solutions in the divorce or separation agreement. He represents men or women of Ulster, Dutchess, Orange and surrounding counties of the Mid-Hudson Valley. Arrange a confidential consultation today.
New York Divorce and Separation
To get divorced in New York state, you generally must (a) be formally separated and live apart for one year or (b) establish grounds or "fault" for divorce.
— In a fault-based divorce, one spouse must allege the other's adultery, abandonment or imprisonment, or "cruel and inhuman treatment." If the grounds are contested or one party does not want the divorce, litigation can get nasty and expensive, adding fuel to the legal wrangling over assets and children.
If the spouse who is "at fault" stipulates the grounds, it is not held against him or her in property division and determination of custody or support. Couples who can come to agreement on issues of assets, children and money may choose this route to get divorced sooner rather than later.
— In a no-fault divorce, there must be a separation agreement signed by both parties or granted by a court. After the mandatory year apart, this agreement will serve as the basis for the final divorce decree. Thus, even if you are amicable with your estranged spouse, it is critical to have solid legal advice on the front end. The separation agreement covers property division, interim orders for child support and spousal support, and the terms of custody and visitation.
Division of Marital Assets
Mr. Sennett is a veteran courtroom lawyer and has practiced in divorce and family law since 2002. He is adept at bringing parties together to decide on a fair and equitable property settlement and negotiating trade-offs to make it all work. He is also knowledgeable about the complex issues in determining what is joint versus separately held property and accurate valuations of those assets that will be split:
- The house, cars and furnishings
- Retirement assets
- Stocks and investments
- A closely held business or professional practice
Strong Advocacy for a Peaceful Resolution
A contested divorce does not necessarily mean a courtroom battle. At the law office of Jonathan R. Sennett, P.C., our goal is to gather the critical information and take proactive steps to put our client in a position of strength to negotiate an out-of-court solution. However, if the other party is unwilling to bargain, hiding assets or playing games, we are absolutely prepared to go to trial to protect your rights and the best interests of your children.
We can help you come out of divorce in solid shape for the new chapter of your life. Call our experienced and compassionate attorney at 845-943-2261 (Kingston) or 866-585-1091 (toll free) to schedule an initial consultation.
