DIVORCE AND FAMILY LAW

A Brief Introduction

CAUTION: It is strongly suggested that you give serious thought to retaining an attorney for your divorce, even if you believe that your divorce will be "uncontested" (i.e., your spouse will not oppose the divorce in any way). There is often a lot more to think about than just ending the marriage and filling out court papers. For example, there may be property to be divided between you and your spouse, or you may need an Order of Protection and/or child support and other support, such as child care expenses and spousal support  (formerly  known as "alimony").

Visitors to this site should read the interesting divorce case involving a “business marriage," Click Here. It gives an insight into the deep knowledge and skilful representation that attorney Calender brings to a contested divorce, resulting in satisfaction and peace of mind where, at the outset, the client felt only stress and uncertainty.

A divorce case has two components:

1.       Grounds

2.       Equitable Distribution of Marital Assets

Grounds.  At least one ground for divorce must be established by the plaintiff (the party filing for divorce). Until recently, New York was one of only a handful of states in the entire United States requiring the plaintiff to prove fault ("marital misconduct") on the part of the defendant spouse in order to obtain a divorce. These grounds for divorce are: Cruel and Inhuman Treatment, Adultery, Abandonment, Imprisonment for Three Years or More, and Conversion Divorce (i.e., where for at least one year the parties lived separate and apart pursuant to a separate agreement signed and acknowledged like a deed, either party may convert that agreement into a divorce, known as a "conversion divorce").

As of October 12, 2010, New York's Domestic Relations Law (DRL) was amended to allow a judgment of divorce to be granted to either a husband or a wife without assigning fault to either of the parties. Section 170 of the DRL was amended by adding subdivision 7 allowing a divorce where a marriage is "irretrievably  broken" for a period of at least six months, provided that one party has so stated under oath. (Interestingly, the statute does not define the term "irretrievably  broken".)

It should be noted that a divorce on this ground can be granted only after the major ancillary issues have been resolved (equitable distribution of marital property; payment or waiver of spousal support; payment of child support; payment of counsel and expert fees/expense; custody and visitation of minor children).

Equitable Distribution.  The concept of equitable distribution treats a marriage as the equivalent of an economic partnership and requires that the fruits of the marital partnership be distributed equitably, without regard to the gender of the parties, without regard to who has title to the marital property, and without regard to the parties' respective fault for the breakup of the marriage. CLICK HERE FOR MORE DETAILS ON EQUITABLE DISTRIBUTION AND SOME COMMON DIVORCE ISSUES.

A Trial Lawyer Who Understands the Law

When a competent job of trial preparation (including thorough, creative financial discovery) is combined with the instincts of an experienced trial lawyer, a seemingly impregnable case presented by the adversary can be dismantled and a successful result obtained for the client. With a firm command of New York Civil Procedure, particularly the rules of evidence, the Law Office of David B. Calender has repeatedly obtained favorable trial results from cases deemed "hopeless" in the initial stages by other lawyers - and sometimes judges - until cross-examination and presentation of his evidence.

Call Attorney Calender for a free consultation.