Divorce
Welcome to David A. Browde, P.C., a New York law firm, providing personal legal representation in the field of Matrimonial Law. Going through a divorce or dealing with marital or family law issues of any kind is almost always emotionally difficult. Dealing with the legal system shouldn't make things worse, even if your soon-to-be-ex isn't cooperative.
NO FAULT DIVORCE ARRIVES IN NEW YORK!
As of late 2010 the old "grounds" requirement in New York is gone. It is now only necessary to show that a marriage has broken down irretrievably for a period of six months - and the proof required is only that one party so state under oath. For divorces filed prior to Oct. 12, 2010 you must still have one of the six specified grounds for divorce accepted in New York law, or your case will be dismissed - a fact reaffirmed just recently by the 2nd Appellate Division - see our "News" page. The list of accepted grounds for cases prior to October 12, 2010 - from Section 170 of the Domestic Relations Law - is here. But while the new New York divorce law makes it easier to get a divorce in some ways, it also adds to the complexity. The new law included a new presumption of child support and temporary spousal support (what used to be called alimony). There are now automatic restrictions on transfers of assets - cleaning out the accounts or transferring property is no longer permitted after a divorce case is commenced. Helping you to protect your rights and helping you deal with your responsibilities is our goal. By offering creative solutions to difficult problems, we try to minimize the pain, both to your emotions and your finances. It's never easy, but we can help. The first step is to contact us, either by e-mail or phone (914-861-9119). Clients considering divorce or separation in the towns of Chappaqua, Bedford, Bedford Hills, Scarsdale, Rye, Katonah, Pound Ridge, Briarcliff, Larchmont, Armonk, Harrison, and as far away as Bronxville will find it easy to visit us in Chappaqua, or we can arrange a consultation at your location, including any location in New York City.
DON'T BE TRICKED BY LOWBALL DIVORCE SERVICES!
We've seen some ridiculous claims of services that say they'll do $149 divorces. Why is that ridiculous? Because the New York State Court system charges fees that start at about $435 to process a divorce case. So if anyone's telling you that they'll do your divorce for $149, you know they're not telling the truth! Also - please be aware that under New York state law, divorces may not be handled on a contingent fee basis. And while uncontested divorces can be handled relatively quickly and for relatively predictable and low fees, it isn't possible to predict how much a contested divorce will cost - too much depends upon the other party, and how much they insist on fighting over matters that could otherwise be settled. But one of the things you should know about the new divorce law changes is that if one spouse controls all the money the other now will have a much easier time getting his or her legal fees paid, and issues of maintenance are being expedited in order to prevent the spouse with money from being able to impoverish the other by litigating a case beyond all reason. But rest assured that we are very sensitive to the fact that you're already going to be spending a lot of money to establish a second residence, and we do everything possible to hold down the costs. Contact us to discuss your situation in confidence.
Our office number is 914 861-9119, or you can e-mail us here
A NOTE ABOUT SAME SEX MARRIAGES AND DIVORCE
Although a few other states have refused to issue divorces from valid same sex marriages, in New York at least two courts have granted same sex couples a divorce from their valid Canadian marriage. Although New York would not grant a marriage to a same sex couple, there have also been other circumstances under which a valid same sex marriage - one from another jurisdiction - has been recognized by the New York courts as a valid marriage. There are several pending appeals of recognition cases. These appeals center on challenges to the spousal benefits which were granted to same sex spouses. However, the parties who have appealed the recognition cases do not have standing to challenge a same sex divorce. Translated from the legalese that means that if a New York Court grants a same-sex divorce, no outside party can appeal it, because their rights are not impinged by the Court action granting the divorce.
If this is a subject of interest to you, please feel free to get in touch: here
The Westchester County towns in which David A. Browde, P.C. represents matrimonial clients include Chappaqua, Briarcliff Manor, Armonk, Bedford, Bedford Hills, Pleasantville, Millwood, Briarcliff, Scarsdale, Mamaroneck, Bronxville, Harrison, Katonah, Larchmont, Irvington, Mount Salem, Purchase, Pound Ridge, Rye, Rye Brook, Salem, South Salem and Hastings.We also represent clients in Manhattan, Queens and Brooklyn in New York City. We of course will consider clients in other counties and towns, providing the case is to be brought in the courts of New York state.