Dutchess County Divorce Lawyer
Experienced & Compassionate Attorneys.
Call (845) 605-4330 for a Case Evaluation
The Law Office of Dennis R. Vetrano, Jr., LLC proudly represents individuals and families from all walks of life. We have sharpened and honed our skills to cater to any type of family law need. Whether you are involved in a contested divorce, a high net worth divorce, or a no-fault uncontested divorce, our Dutchess County divorce lawyer has the experience to provide you with seamless and stress-free representation.
Why Choose Our Divorce Attorneys?
- 75+ years’ collective legal experience
- Avvo Clients’ Choice Award for Family Attorney in 2015
- Strong testimonials from past clients
- Compassionate counsel & gritty, trial-tested advocacy
Benefits of an Uncontested Divorce in NY
In order to file in the State of NY, the law requires that a couple must provide grounds (a legal reason) for the termination of their marriage. Whatever the grounds may be, some couples can move forward with a divorce by resolving their issues privately.
Benefits of Filing an Uncontested Divorce Include:
- Minimize or completely eliminate negative emotional consequences
- Reduce financial impact
- Swift and affordable resolution
- Cooperative and private process
- Allows couples to make customized orders based on their own decisions
Does Adultery Affect Divorce in New York?
In New York, adultery does have an effect because couples are given the option to seek a “fault” divorce. This means poor treatment, and abandonment can be treated as a marital fault. Usually, adultery or cheating is not considered when awarding alimony or dividing marital property.
Do You Have to Be Separated for a Year?
In NY State, if you and your spouse have been separated for at least one year or if there's been an “irretrievable breakdown of the marriage” for at least six months you can seek a no-fault divorce. Couples can also seek legal separation after entering into a separation agreement and living apart for at least one year.
What Is a Wife Entitled to in a Divorce?
Under New York’s equitable distribution laws, a wife is entitled to “marital property”. This means that you and your spouse will get to keep any separate property that was brought into the marriage.
Divorce Mediation in New York
The state of NY allows couples to navigate a divorce out of court through the process of mediation. Through mediation, a couple can have the opportunity to negotiate with one another regarding the dissolution of their marriage. This allows couples to maintain a sense of control over their marital split.
How Long Does It Take to Get a Divorce?
The process of getting a divorce can take anywhere from months to years, depending on the circumstances of your situation. If the divorce is uncontested, meaning that both parties agree to the divorce, it can be finalized relatively quickly, even within a few weeks. However, if the divorce is contested, meaning that one party does not want the divorce or there are disagreements over issues like child custody, spousal support or property division, the process can take much longer. The most important thing you can do is ensure you have an experienced Dutchess County divorce lawyer on your team to fight for the best possible outcome for you and your family.
What Happens if You Don’t Sign Divorce Papers in New York?
If one party refuses or doesn't sign the divorce papers in New York, the divorce process can still move forward, but it causes it to become more lengthy and complicated.
When one part doesn't sign or respond to the divorce papers, the spouse who filed for the divorce (called the “petitioner”) can request a default judgment which means the court can grant the divorce even if the other party does not participate in the proceedings. Proof will need to be provided that the petitioner properly served the divorce papers to their spouse and the waiting period for them to respond has passed.
However, if the other party contests the divorce and refuses to sign the papers, the divorce may go to trial where a judge will make a decision on the terms of the divorce. Going to trial can be costly and time-consuming, it is more beneficial for the couple to try and reach a settlement agreement outside of court instead.
How to Legally Stop a Divorce in New York
If you find yourself facing the possibility of divorce in New York, you may be feeling overwhelmed and unsure of what to do next. There are legal options available to help you stop a divorce from going forward. In New York, you can file a notice of appearance with the court, which lets the judge know that you intend to contest the divorce. Some of the other legal options include:
- Withdrawal of the Divorce Complaint: If you don't want to go through with the divorce and your spouse has filed, you can file a Notice of Discontinuance or a Stipulation of Discontinuance with the court. This document notifies the court that you are withdrawing the divorce complaint and ending the legal proceedings.
- Counterclaim: If you were served with divorce papers and you want to save your marriage, you can file a counterclaim with the court. This is a legal document that asserts your right to sue your spouse for divorce. However, if you change your mind later, you can also withdraw your counterclaim and dismiss the divorce proceedings.
- Reconciliation Agreement: If you and your spouse decide to reconcile and want to save your marriage, you can sign a reconciliation agreement. This document states that you both agree to stop the divorce proceedings and make an effort to save your marriage. The agreement should be in writing and signed by both parties.
You may want to consider seeking counseling or mediation to help work through any issues in your relationship. While stopping a divorce in New York is not always easy, it is possible with the right resources and support.
We Are not Afraid to Take Your Case to Trial
We can help couples distinguish "good" compromise from "bad" compromise. If you are unable to resolve a particular issue with your former spouse, however, we won't be afraid to take your matter to trial as we pursue what is best for you, your family, and especially your children. Contact us now to find out how we can help you.
Contact the Law Office of Dennis R. Vetrano, Jr., LLC Today
We offer case consultations for our clients. We stay available and present, always ready to answer your pressing questions or concerns as they arise. Even the most amicable divorce can cause lasting emotional wounds if not handled properly, so retain us to help you avoid confusing complications. Our divorce attorneys in Dutchess County, NY are ready to help you reach a favorable resolution.
Our Team Knows How to Negotiate Aggressively for Clients
Our Attorneys Have Substantial Trial Experience
Our Firm Treats Every Client With the Respect They Deserve
Our Team Has the Knowledge, Experience, and Resources to Successfully Try a Case
We have the Ability to Know Which Cases Need to Be Tried and Which Cases Can Be Settled
We Focus on Compassion, Communication & Effectiveness