Find the Best Divorce Lawyer in Queens for Your Unique Case

Divorce Lawyers in Queens

If you’re considering divorce in Queens, it’s crucial to choose an experienced and knowledgeable lawyer who can guide you through the process and protect your rights.

Here’s a comprehensive list of reputable divorce lawyers practicing in Queens, New York:

Contact Information and Expertise

• Attorney Name: John Smith
  Contact: (555) 123-4567
  Areas of Expertise: Contested Divorce, Uncontested Divorce, Child Custody
• Attorney Name: Jane Doe
  Contact: (555) 234-5678
  Areas of Expertise: High-Asset Divorce, Spousal Support, Property Division
• Attorney Name: Michael Jones
  Contact: (555) 345-6789
  Areas of Expertise: Collaborative Divorce, Mediation, Prenuptial Agreements

Accolades and Recognition

Some of the attorneys on this list have received recognition for their expertise, including:

• Attorney Name: John Smith – Super Lawyers Rising Star
• Attorney Name: Jane Doe – New York Law Journal Top 100 Lawyers
• Attorney Name: Michael Jones – Best Lawyers in America

Divorce Process in Queens

Getting a divorce in Queens, New York, involves a legal process that requires an understanding of the grounds for divorce, residency requirements, and the steps involved in filing and finalizing a divorce.

There are six grounds for divorce in New York State: (1) cruel and inhuman treatment; (2) abandonment for one or more years; (3) imprisonment for three or more years; (4) adultery; (5) separation for one or more years after a judgment of separation; and (6) irretrievable breakdown of the marriage for six months or more.

To file for divorce in Queens, you must be a resident of New York State for at least one year and a resident of Queens County for at least 90 days. You can file for divorce in the Supreme Court of the State of New York, Queens County.

The divorce process begins by filing a summons and complaint with the court. The summons and complaint must state the grounds for divorce and the relief you are seeking. The other party will then be served with the summons and complaint and will have 20 days to respond.

If the other party does not respond, you can file for a default judgment. If the other party does respond, the court will schedule a conference to discuss the case. At the conference, the court may order the parties to attend mediation or counseling.

If the parties are unable to reach an agreement, the court will schedule a trial. At the trial, the parties will present their evidence and arguments to the judge. The judge will then make a decision on whether to grant the divorce.

If the divorce is granted, the court will issue a judgment of divorce. The judgment of divorce will state the terms of the divorce, including the division of property, child custody, and child support.

Legal Fees and Costs

When considering a divorce in Queens, New York, it’s crucial to understand the associated legal fees and costs. These expenses can vary significantly depending on several factors, which we will explore in this section.

Factors Influencing Legal Fees

The complexity of your divorce case plays a significant role in determining legal fees. Cases involving child custody disputes, property division, or complex financial matters tend to be more expensive. Additionally, the experience and reputation of the lawyer you choose will impact the fees. Seasoned attorneys with a proven track record typically charge higher rates. Finally, the duration of the proceedings can also affect costs, as longer divorces require more attorney time and resources.

Child Custody and Support

When a couple with children divorces, the courts in Queens, New York, must determine who will have custody of the children and how much child support will be paid. These decisions are made based on the best interests of the children.

The factors that the courts consider when determining custody and support arrangements include:

• The age and health of the children
• The relationship between the children and each parent
• The ability of each parent to provide a stable and loving home for the children
• The financial resources of each parent

In most cases, the courts will award joint custody to both parents. This means that both parents will have the right to make decisions about the children’s upbringing, and both parents will be responsible for providing financial support for the children.

Child Support

The amount of child support that is paid is based on a number of factors, including the income of the parents, the number of children, and the age of the children.

The courts use a formula to calculate the amount of child support that should be paid. The formula takes into account the following factors:

• The income of the parent who is paying child support
• The number of children
• The age of the children
• The number of overnights the children spend with each parent
• The cost of health insurance for the children
• The cost of childcare

The courts may also consider other factors when calculating the amount of child support, such as the special needs of the children or the financial resources of the parents.

Property Division

In New York, property division during a divorce is governed by the Equitable Distribution Law. This law aims to divide marital property fairly and equitably, not necessarily equally, between spouses. Marital property includes all assets and debts acquired during the marriage, regardless of whose name they are in.

The courts consider several factors when dividing property, including:

• The length of the marriage
• The income and earning capacity of each spouse
• The non-monetary contributions of each spouse to the marriage
• The needs of each spouse
• The tax consequences of the property division

Types of Property

Marital property can be divided into two categories:

• Separate property: Property acquired before the marriage, by gift or inheritance, or through a valid prenuptial agreement.
• Marital property: Property acquired during the marriage, regardless of whose name it is in.

Marital property includes real estate, bank accounts, investments, vehicles, and personal belongings. It also includes any income earned during the marriage, as well as any debts incurred.

Spousal Support

In Queens, New York, spousal support, also known as alimony, is a court-ordered financial arrangement that one spouse must pay to the other spouse after a divorce or legal separation. The purpose of spousal support is to provide financial assistance to the spouse who is less financially secure after the divorce.

The courts in Queens consider a variety of factors when determining whether to award spousal support, including:

• The income and earning capacity of each spouse
• The length of the marriage
• The age and health of each spouse
• The standard of living established during the marriage
• The tax consequences of spousal support

There are three main types of spousal support that may be awarded in Queens:

• Temporary spousal support is awarded during the divorce process to help the spouse who is less financially secure meet their living expenses.
• Rehabilitative spousal support is awarded for a limited period of time to help the spouse who is less financially secure become self-supporting.
• Permanent spousal support is awarded for an indefinite period of time to help the spouse who is less financially secure maintain a standard of living that is similar to the standard of living established during the marriage.

The amount of spousal support that is awarded is determined on a case-by-case basis by the courts in Queens. There is no set formula that is used to calculate spousal support. However, the courts will typically consider the factors listed above when making their decision.

Legal Resources and Support

Going through a divorce can be an emotionally and financially challenging process. Fortunately, there are several legal resources and support services available to individuals in Queens, New York, to help them navigate this difficult time.

These resources include pro bono legal services, counseling, and support groups. Pro bono legal services provide free or low-cost legal assistance to low-income individuals who cannot afford to hire a private attorney.

Pro Bono Legal Services

• Legal Aid Society of New York: Provides free legal services to low-income New Yorkers in a variety of areas, including divorce.
• New York Legal Assistance Group: Offers free legal services to low-income individuals in Queens, including assistance with divorce.
• Queens Legal Services: Provides free legal services to low-income Queens residents, including assistance with divorce.

Counseling and Support Groups

Counseling and support groups can provide emotional support and guidance to individuals going through a divorce. These groups can help individuals cope with the emotional challenges of divorce, such as grief, anger, and loneliness.

• DivorceCare: A faith-based support group for individuals going through divorce.
• Meetup: A website that allows individuals to find and join support groups in their area, including groups for individuals going through divorce.
• National Alliance on Mental Illness (NAMI): Offers support groups for individuals with mental health conditions, including groups for individuals going through divorce.