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DIVORCE LAW

Cynthia M. Burke has been handling divorce matters throughout her career as a lawyer.

Uncontested, No Fault Divorce

Under the new laws that were enacted in New York in October of 2010, a spouse no longer needs to allege fault against the other spouse. However, any ancillary issues will still need to be resolved before the divorce will be finalized by the court.

An experienced divorce attorney is needed to negotiate and resolve these issues, or take the case to trial, if necessary. Cynthia has the experience necessary to handle a divorce action from inception to trial, with an emphasis on trying to settle the matter to avoid acrimony and extensive legal fees.

The following are issues that will need to be resolved in a divorce action, where applicable.

  • Child Support and Child Care
  • Child Custody and Visitation
  • Maintenance
  • Equitable Distribution of Marital Assets
  • Determination of Separate Property
  • Exclusive Occupancy of Marital Residence
  • Legal Fees

Uncontested Divorce, No Assets

If a divorce is uncontested and there are no children or assets to be divided, for a very reasonable fee, you can have the paperwork done by an experienced attorney, and get a relatively quick divorce.

Uncontested Divorce, Parties are agreeable on Terms

Where both parties are agreeable on the terms of their divorce, such as the amount of child support, whether one party will pay maintenance to the other, the division of assets, and any other issues – a Separation Agreement or Stipulation of Settlement, can be drawn up for a reasonable, affordable fee. The next step would be to file for the divorce immediately with a Stipulation of Settlement, or after one year if the parties choose to have a Separation Agreement. Cynthia M. Burke has extensive experience preparing and negotiating Agreements, and preparing all the necessary documents to obtain a final Judgment of Divorce.

Uncontested Divorce, Parties are not agreeable on Terms

Where the parties on not agreeable on the terms of their divorce, court intervention will be necessary. In most cases, once the case is assigned to a Judge, the parties will become more conciliatory, or the Judge will ultimately decide the issues. Motions for interim relief (pendente lite relief) can be made for issues such as child support, exclusive occupancy of the marital residence, maintenance, payment of health care premiums, payment of household expenses, and any other immediate issues, while the case is pending.

Once the case is ready for trial, if the parties have not come to an amicable resolution, then a trial, or hearing on certain issues, will be conducted. It will be determined early in the case whether experts need to be hired to evaluate marital assets; whether a guardian ad litem will be appointed for any children; and discovery, such as the exchange of financial documents and the taking of depositions. These will all be used to help settle the case prior to trial, or be utilized at the trial.

The above is a general outline of matrimonial law procedure. However, a consultation will be had explaining all of your rights, responsibilities and how you can expect your case to proceed based upon your unique and particular set of circumstances. Case strategy will be tailored to your specific needs.

If you have been served with divorce papers, are contemplating divorce, or need advice regarding anything concerning any legal aspect of your marriage, contact Cynthia M. Burke for a free telephone consultation.