A divorce is likely to be one of the greatest challenges you will ever face. You will be called upon to make life-altering decisions regarding finances, property division, and your children’s upbringing all at once, and amid a time when emotions are running at their highest.
Although every divorce is difficult, having a knowledgeable and compassionate legal advisor to guide you through the process will help to ease stress and make your case as straightforward and inexpensive as possible.
Understanding the Divorce Process and Your Rights
Divorce laws vary from state to state. With extensive family law experience, James R. Winkler and Lindsey M. Albinski are your trusted allies in understanding New York divorce law.
Grounds For Divorce
In a no-fault divorce, a divorce is obtained on the basis of an irretrievable breakdown of the marriage and neither party is held responsible for the dissolution of the marriage. Certain states, including New York, permit fault divorces, where one spouse is held responsible for the divorce. If your spouse has been abusive, adulterous, or imprisoned, you may qualify for a fault divorce.
Property Division in New York Divorces
State laws determine how property is divided in a divorce. New York is an equitable distribution state. Equitable distribution means that the property will be divided in a fair and equitable manner, as determined by the court.
Keep in mind that what the court deems equitable may not be a 50/50 split. Factors that may influence the division of property include the relative earning potential of both spouses and whether one spouse stayed at home or raised children.
In many aspects, a divorce is an even more significant life change than the marriage that came before it. With an experienced divorce attorney representing you, you will receive expert assistance navigating these new life changes, learning about your legal rights and options, getting answers to all the tough questions about divorce, and quickly resolving difficult divorce-related issues. These issues may include child custody and visitation, divorce mediation, equitable distribution, child support, orders of protection, spousal support, and wills, trusts, and estates.
New York State Divorce Statistics
With 7.5 marriages per 1,000 residents, New York State boasts one of the highest marriage rates in the country. Only 11 U.S. states have higher rates of marriage (Nevada ranks the highest, at 28.4 marriages per 1,000 residents). The state also has one of the lowest divorce rates; at 2.7 divorces per 1,000 residents, New York ranks 41st in the nation.
Even though divorce rates continue to decline, over one million Americans still divorce each year. Among first marriages, 41% will divorce, and the odds of marital bliss drop with every successive remarriage: 60% of second marriages and 73% of third marriages end in divorce. The statistics, while sobering, do not stop most Americans from retying the knot. Over half of Americans age 35 and older will remarry after being divorced or widowed, with people aged 55 to 64 the most likely to tie the knot a second time at 67%.
After the first decade of marriage, the odds decrease that the marriage will end in divorce. Out of 1,000 married individuals, 21 will divorce in the first 0-9 years, 17 will divorce in 10-19 years, 13 will divorce in 20-29 years, 9 will divorce in 30-39 years, and 4 will divorce after 40 years.
Contact an Experienced Divorce Attorney Today
The law offices of Winkler Kurtz, LLP, understand that you are not a statistic. Suffolk County divorce and family law attorneys James R. Winkler and Lindsey M. Albinski have the expertise and resources to handle New York divorce cases of any size and complexity.
Rest assured that you will receive personalized, courteous, and professional representation when you choose to work with us. If you are considering a divorce, let us put our over 30 years of experience to work for you—contact us or call (631) 928-8000 today to schedule a complimentary consultation.