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Divorce and Family Law In The Bronx

At Diron Rutty, we understand that the divorce process can be stressful and even traumatic for all of the parties involved (particularly children). A divorce not only affects you and your family emotionally, but financially as well. That is why our family lawyers take the time to skillfully and delicately handle your case and work with you to create a plan that can ultimately lead to a better financial and emotional outcome.

How Our Family Lawyer Can Help:

  • Division of assets and liabilities (including bank and investment accounts, credit card debts and loans, etc.)
  • Property division
  • Alimony/spousal maintenance
  • Custody and parenting time
  • Child support

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Immigration Law

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Deciding On A Divorce In New York State

A divorce involves more than the termination of a marriage. At Diron Rutty, our family lawyer will provide you with legal representation for divorce-related family law matters, such as property settlements, child custody, child support, visitation, spousal support, marital property division, and bankruptcy if necessary.

Our Services In Uncontested Matrimonial Practice
Our family lawyers offer an “unbundled legal service” for self-represented parties in New York state uncontested divorce matters. We offer legal forms bundled with legal advice for an affordable, fixed fee. This is an innovative approach to getting a New York divorce at the lowest possible cost.

To initiate a divorce, one spouse will file a summons and complaint for divorce, and then both spouses will come to an agreement that divides any property or responsibilities, including the custody of any children. Before filing for divorce, it is important to decide exactly what you want out of the divorce and include it in your complaint.

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Protect Your Rights and Interests

At The Law Offices of Diron Rutty, our family lawyers understand that divorce is one of the most challenging times that our clients and their children will ever experience. That is why we work so hard to help our clients avoid feeling helpless by doing our part to inform them about the divorce process.

Before you and your spouse can officially get divorced, there are several issues you will need to resolve through negotiation, mediation, or litigation. Our Bronx family lawyers are more than happy to help you and your partner work through these issues, whether your situation requires aggressive representation or a more harmonious approach.

Property Division
A major concern that many people have about going through divorce is what will happen to their property. At The Law Offices of Diron Rutty, our Bronx family lawyers are committed to helping our clients protect their interests in the distribution of assets and debts so that they are able to emerge from the divorce process in a financially healthy and stress-free situation.

In the state of New York, the court will divide marital property between spouses in a way that is equitable or fair if the couple is unable to come to an amicable agreement on their own. The court decides what is fair based on a set of factors that show what each partner contributed to the marriage as well as what each spouse will need moving forward from the divorce. If you and your partner would rather decide who gets what assets on your own without having a judge decide, our family lawyers are here to assist with the negotiation, mediation, or litigation process. If not, we can also be there to represent you in court.

Asset Division
There are other assets that will need to be divided during a divorce, which include marital debt, retirement assets, and other belongings. When the division of assets cannot be agreed upon amicably, a judge will also determine what is fair while taking into consideration what each spouse contributed to the marriage and what each individual needs to move forward. The judge will consider aspects of the marriage, such as:

  • Each spouse’s income and property when they married
  • Each spouse’s income and property when they filed for divorce
  • The length of the marriage
  • Each spouse’s age
  • Each spouse’s health
  • The need of the parent with child custody to live in the family home
  • The pension, health insurance, and inheritance rights that either spouse will lose as a result of the divorce (valued as of the date of the divorce)
  • Whether or not the court has awarded alimony
  • And more

As you can see, there are many aspects that go into who gets what when it comes to divorce. Let our family lawyers at The Law Offices of Diron Rutty in the Bronx help make this trying time less stressful with representation, support, and guidance to get through it and move forward to a brighter future.

Alimony
Alimony, also referred to as “spousal support” or “spousal maintenance,” is a payment that one spouse makes to the other during or after a divorce.

The goal of the court in awarding alimony is to allow both spouses to live the same or similar lifestyles as they did while they were married. Sometimes, alimony is also used as a stepping stone for the spouse who needs additional education and/or job training before entering the workforce. The specific type, amount, and duration of spousal maintenance will depend on the specific facts within your case.

Types of Alimony
In New York, the court will determine the type of alimony in your case after they evaluate a variety of factors. The court will typically award one of the following types:

  • Temporary maintenance
  • Rehabilitative maintenance
  • Permanent support

With temporary maintenance, a spouse is paid during the divorce process and ends when the judge issues a final order of divorce or decides to create a more permanent reward. The court will calculate and determine the amount of temporary maintenance depending on a variety of factors within your case, and our family lawyers can assist with providing you support during this process.

Rehabilitative maintenance, on the other hand, is common after divorce. This is especially true if both spouses have a significant difference in income and job skills. The court will grant rehabilitative alimony in divorce cases where one spouse does not have the proper job skills or education to enter the workforce and support themselves to a similar level after the divorce. This type of maintenance is temporary and common in cases where one parent stepped out of the workforce in order to raise the family.

Permanent support consists of payments from one spouse to another after the court finalizes the divorce. The court will typically determine how long support will last based on a variety of factors, including the length of the marriage, the difference in income between spouses, and the health of each spouse.

For more information about the different types of alimony and how divorce proceedings work, give our experienced family lawyers in the Bronx a call at The Law Offices of Diron Rutty today.

Child Custody and Visitation
One of the most difficult aspects of a divorce is deciding who gets custody of the child(ren). Whoever gets custody of a child, regardless if it is sole or joint, is legally responsible for the child’s care. There are two different types of custody, which are:

  1. Sole custody, where one parent has the authority to make decisions about the child and the non-custodial does not, although they may have the right to receive medical or educational information depending on the case.
  2. Joint custody, where both spouses (and sometimes other caregivers) share the authority to make decisions about the child. With this type of custody, parents must communicate with each other well enough to keep each other informed about the child’s needs and work together to make decisions.

As for visitation, either parent, along with any siblings, half-siblings, and grandparents can ask for visitation. The court will determine whether or not visitation is in the child’s best interest. A parent is entitled to meaningful visitation with their child unless it is shown that it would be harmful.

Child Support
Child support is money that is paid by a parent in order to pay for a child’s needs. This payment covers both general expenses as well as health care, child care, and other necessary expenses. The parent or caregiver who lives with the child more than half of the time can get child support from the other parent, but even if the child lives with each parent equally, a child support order can still be made.

In order to file for child support, a parent or caregiver will file a petition in family court or request child support in a divorce case while it is still open. Once again, the amount of child support that a spouse is legally responsible to pay is determined by a variety of factors within a divorce case. Whether you are planning on going to court or making your own independent agreements about child support, it is still important to work with a reliable family lawyer who can assist you through this process. At The Law Offices of Diron Rutty in the Bronx, our family lawyers are here to help. Give us a call today to set up a consultation

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Our Services In Contested Matrimonial Practice

If you are in need of a divorce and family lawyer in the Bronx, New York City, or Poughkeepsie, or if you need legal assistance regarding divorce, legal separation, domestic abuse, modification or enforcement of support orders, contact our family lawyer to schedule a consultation.

A divorce involves more than the termination of a marriage, and even if the parties can agree on the grounds, they may still be unable to resolve some of their issues through negotiation. Unfortunately, some matters must be litigated. Although litigation can be costly, sometimes the other party leaves you no other option. In most cases, a family lawyer will continue to negotiate and sometimes those negotiations lead to a settlement short of going to court.

The Divorce Process in Court

Once the answer is filed, the case is ready for the court. New York courts require the filing of a special document known as a Request for Judicial Intervention. Once the court is assigned to your case, a Preliminary Conference (also called a PC) date is ordered. The judge will first determine if the parties can agree as to grounds for divorce and if not, an immediate trial on the “grounds” is often ordered. During this time, the party seeking the divorce must prove his or her right to a divorce at a trial.

The Preliminary Conference

At the preliminary conference, the attorneys for the parties will discuss with the judge the issues of the divorce. These may include equitable distribution, spousal support, custody, child support or visitation. If the parties are able to agree about any of these issues, each agreed upon issue will be noted as resolved. The divorce will thereafter focus on the unresolved issues.

If child custody is disputed, the judge at the preliminary conference may appoint a child custody lawyer to represent each child. The judge may also order that a forensic mental health professional be appointed. The judge may rely upon the report of the forensic mental health professional to make his or her decision regarding custody and visitation.

At the preliminary conference, if the equitable distribution of assets is contested, the judge may appoint one or more experts to appraise the assets. Assets that commonly need to be appraised include real estate, business, pensions and licenses. At the preliminary conference, the judge will direct that discovery, which is the exchange of financial and other information, take place between the parties and will set deadlines. Depending upon the judge and the facts of the case, settlement discussions may take place at the preliminary conference. Even if a final settlement is not reached during the preliminary conference, the discussions may be useful toward resolving the differences between the parties.

At the end of the preliminary conference, the judge will issue a PC order, which will include identification of the issues in the dispute and a timetable for the exchange of financial information.

Discovery

As mentioned, discovery is the exchange (usually after formal written requests) of financial records between the lawyers in the case. It can also involve some investigatory work when one party suspects that the other is not disclosing their financial information. Discovery also usually includes depositions, which are oral examinations under oath of each party and sometimes of third-party witnesses. Where there are real properties, businesses, professional practices or other tangible or intangible assets considered relevant to the marriage, professional evaluators are often retained, at the parties’ expenses, to do the necessary appraisals or valuations.

Contested Custody

In contested custody cases, a law guardian may also be appointed to represent the interests of the children in the lawsuit. Support and Parenting Access Schedules are arranged. At the beginning of litigation, there are usually issues related to the support of one spouse and/or children during the lawsuit. Expenses such as insurance, medical care, child care, school expenses, and the like also have to be addressed.

Many matters such as abusive behavior or contested occupancy of the marital residences can become open issues. Sometimes these can be resolved through negotiation or via motions. Motions are applications made to the judge assigned to the case. They are resolved after the filing of papers or after oral argument and once a decision has been issued by the judge.

The Compliance Conference

If the parties are unable to settle their divorce, the next hearing in court is called the compliance conference. The purpose of the compliance is for the judge to determine whether the parties have complied with the PC order and review the unresolved issues. In addition, the judge will often discuss settlement with the attorneys.

Trial

When the parties have completed their discovery and evaluations and if the case is not settled, it is set down for trial. Trial may take place before the judge assigned to the case or before a Special Referee to whom all or some of the contested financial issues may be assigned. Depending on the complexity of the open issues, a trial can take days or even weeks to complete.

Schedule a Consultation With Our Experienced Divorce and Family Lawyer In the Bronx

As you can tell, there are a lot of different aspects that play into a divorce, and it can get to be a bit overwhelming trying to figure it all out on your own. The Law Offices of Diron Rutty offers a new way of obtaining legal services when filing for an uncontested divorce in New York — allowing you to file your documents personally as well as dramatically lowering your legal fees. By clicking our legal document, you can begin using our online questionnaires with the ability to save your answers and register to become a client of our caring firm of family lawyers. Upon payment and submission, our family lawyers prepare your documents, make any necessary changes so that your package is completed correctly, and then we notify you once your documents are ready along with additional legal advice and instructions.

Get the support and representation you deserve when going through a divorce case — contact The Law Offices of Diron Rutty in the Bronx. Our divorce and family lawyers have years of experience to provide you with the skill and delicacy to handle your case so you can move forward.

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