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Divorce

Divorce is the legal termination of a marriage and will usually involve the resolution of all issues which result from a marital relationship. As such, a divorce typically resolves all issues between spouses, including the fair and equitable allocation of all assets and obligations between spouses and, where applicable, the payment of maintenance (formerly known as "alimony") from and to either party. Where children are involved, this also includes the resolution of issues of custody, visitation, residence, support, health care expenses, day care expenses and education expenses of children.

In New York, it remains necessary to establish "grounds" or legally sufficient reasons in order to obtain a divorce. New York does not permit spouses to obtain a divorce based on "irreconcilable differences", even if both parties wish to be divorced. However, while appropriate grounds must be asserted and established in all cases, in those cases where both parties wish to be divorced, courts will often take a liberal interpretation as to what is legally required in order to establish sufficient grounds for a divorce.

The terms of a divorce can be established by asking a court to make a determination regarding what is fair and reasonable under the circumstances. However, a divorce may also be obtained based on terms and conditions previously agreed to and established by the parties.

While all divorce cases share certain similarities, each case is truly unique and each set of circumstances requires separate and distinct consideration and evaluation.

To discuss any issues or questions with respect to a potential divorce, please contact Lawrence J. Schwind at lschwind@lacykatzen.com or 585.324.5705.