Choosing the right divorce lawyer in Queens is an important decision for your personal and financial future. Ending a marriage means splitting up the family, dealing with the financial consequences, and preparing for a new lifestyle. That’s where Aiello & DiFalco LLP can assist you. You can trust us to guide you through the divorce process and protect your rights and interests.
When you become our client, we will assess your circumstances and help you choose the best approach, whether amicable divorce, mediation, or litigation. We understand your emotional and financial challenges and will provide you with compassionate, effective representation. Contact our office today to speak to an experienced Queens divorce attorney.
The Divorce Process in Queens
New York is a no-fault divorce state, meaning that the grounds for divorce are “an irretrievable breakdown in the marriage.” In other words, the parties are incapable of resolving their differences and preserving the marriage.
Generally, there are two types of divorce – contested and uncontested. A contested divorce is one in which the parties cannot agree on the divorce terms (e.g. division of property, child custody, and support). In an uncontested divorce, the parties agree on the key issues and work to reach a settlement agreement that must be approved by the court. Despite being uncontested, this is still a legal action requiring an experienced divorce lawyer.
Common Considerations in Divorce
Our experienced Queens divorce attorney has comprehensive knowledge of New York domestic relations law and will help you resolve key issues, such as:
- Dividing marital property – Under the rules of equitable distribution, property acquired during the marriage must be divided fairly, but this does not mean an equal split. We understand how to identify and value marital assets and will work to protect your property rights. Most significantly, we work to ensure that you receive what you are entitled to receive from the marital residence located in Queens as well as retirement accounts, pensions, and other property.
- Spousal maintenance – Commonly referred to as alimony, there are two types of spousal maintenance, temporary and post-divorce (rehabilitative). If the parties do not have a prenuptial agreement or cannot agree, the court relies on a formula to determine the amount and duration of spousal maintenance. Spousal maintenance may be paid by the higher-earning spouse to the other based on the formulas and for a duration based on the length of the marriage and other factors.
- Child Custody – Although joint custody arrangements are typically best for children, negotiating the details of decision-making as well as how parenting time and visitation will be scheduled requires an experienced attorney. You can depend on us to provide objective insights and help you reach an agreement that preserves family unity.
- Child Support – Generally, the noncustodial parent or the parent who earns more will pay child support to the lower-earning parent. In any event, child support is based on a formula that considers each parent’s income, the number of children for whom they are responsible, and the custody arrangements.
At Aiello & DiFalco, we work with clients to resolve their differences outside of court, but we are well-prepared for divorce litigation. Whether you are seeking a contested or uncontested divorce, we will provide you with informed representation and help you navigate the process.
Divorce Mediation: A More Amicable Way to End a Marriage in Queens
A litigated divorce is time-consuming, costly, and adversarial. Divorce mediation is a more amicable and less expensive approach in which the parties work with a neutral mediator to guide them to a settlement. The mediator does not offer legal advice but facilitates the negotiations and enables the parties to make their own decisions.
Divorce mediation can help to reduce the tension of a marital breakup, help the parties communicate their needs and goals more effectively, and help them move on constructively. Mediation is well-suited for couples who plan on co-parenting their children, but the parties must negotiate in good faith for the process to succeed.
Our Queens attorneys are trained mediators with extensive experience mediating complex divorce and child custody cases. We are frequently called on by our peers to mediate divorce cases on their behalf and also advise clients who have already hired another mediator.
Why Aiello & DiFalco?
Divorce is never easy and can become contentious if court intervention becomes necessary. With so much at stake, working with an experienced and insightful attorney is essential. Our firm works with clients to find negotiated solutions and minimize the tension associated with divorce. At the same time, we know that litigation may be inevitable in certain cases, particularly in a high-net-worth divorce.
When you meet with us, you will find a supportive environment where you can make informed decisions for your future and your family. By understanding your circumstances and expectations, we will work strategically to help you achieve your objectives. Above all, we will provide you with the highest level of professional service and personalized attention.
Talk To An Experienced Queens Divorce Lawyer Today
If you are considering a divorce, or you have been served with divorce papers, Aiello & DiFalco is the experienced choice in matrimonial law. Contact our office today to discuss your case in confidence.