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Work With a Top-Rated Divorce Law Firm
Divorce can be one of the most emotionally and financially challenging experiences a person can face. In New York City, the legal nuances of family law, combined with the fast-paced urban lifestyle, can make the process feel even more overwhelming. Each case requires a detailed and informed approach.
New York’s divorce laws allow both fault-based and no-fault divorces, and decisions made during this process can have long-term implications for all parties involved. Having a skilled legal representative who understands the family court system can help protect legal rights and promote a smoother transition. An experienced lawyer’s guidance may be especially valuable in situations such as contested divorces, negotiating settlements that affect children, or high-value property division.
For those going through a divorce in any of the five boroughs, working with a knowledgeable New York City divorce lawyer may make all the difference. Juan Luciano Divorce Lawyer offers personalized and strategic legal support during this critical time. Call (212) 537-5859 to schedule a consultation and begin moving forward with clarity and confidence.
Compassionate and Experienced Legal Assistance From a Seasoned NYC Divorce Lawyer
As a New York divorce lawyer, I understand that when you seek my guidance, you’re likely not in a state of mind to see beyond the immediate stress. My role is to be your steadfast legal advocate, to champion your rights, and to help you make informed decisions on the path forward
I have seen too many cases where unnecessary conflict becomes counterproductive for everyone involved. That’s why I believe in minimizing contention while maintaining a legally calculated and aggressive approach tailored to protect you, your children, and your financial well-being. I know how to walk the fine line between assertive representation and a fine-tuned legal strategy tailored to your needs and goals.
With a wealth of knowledge and years of trial experience in complicated family law cases, our team is equipped to handle all aspects of your divorce, whether it is contested or uncontested, or involves custody disputes, alimony and support matters, or the nuances of a high net worth divorce. To learn more about how we work and our fees, contact our NYC law office today.
What a New York Divorce Attorney Offers
When you seek the guidance of an attorney, you are not typically in a state of mind to see beyond the moment.
My job, as your representative, is to be your legal advocate, champion your rights, and find that light at the end of the tunnel that you may not be able to see. Our practice areas include contested and uncontested dissolution of marriage, custody, alimony, and support, family law, high net worth divorce, and much more.
Grounds to File for Divorce in New York
New York provides several legal grounds for divorce, offering spouses different options depending on their circumstances. Since October 2010, the state has recognized no-fault divorce, but the traditional fault-based grounds continue to be available and valid.
The legally recognized grounds for divorce in New York include:
- Cruel and inhuman treatment: Behavior by one spouse that endangers the physical or mental well-being of the other, making it unsafe or improper to continue the marriage.
- Abandonment: When one spouse leaves the other for at least one year, either physically or by refusing to engage in the marriage (constructive abandonment).
- Confinement in prison: If one spouse is incarcerated for a period of one or more years following the marriage.
- Adultery: When one spouse voluntarily engages in a sexual relationship outside the marriage after the marriage has taken place.
- Living apart under a judgment of separation: When the spouses have lived separately for at least one year under a court-issued judgment of separation.
- Living apart under a separation agreement: When the spouses have lived separately for at least one year under a valid written separation agreement, and both have followed its terms.
- Irretrievable breakdown of the relationship: When the marriage has been broken beyond repair for at least six months, which is New York’s no-fault ground for divorce.
The no-fault ground allows either spouse to state that the relationship has been irretrievably broken for six months or more. However, the court will not finalize the divorce until all other matters, such as child custody, property division, and financial support, have been resolved. This approach differs from the fault-based grounds, which may require proof of specific misconduct or legal circumstances.
Contested And Uncontested Divorce
In New York City, divorce can unfold in two main ways: contested or uncontested. Each type presents its own set of challenges and processes. Uncontested divorce is typically characterized as having less conflict, while contested divorce is characterized as involving more serious legal intervention. Whether your situation calls for calm negotiation or assertive courtroom representation, understanding the specifics of each divorce type is crucial in preparing for the steps ahead.
Uncontested Divorce
Not all NYC divorces need to be contentious. If you and your spouse have agreed to end your marriage and you are in agreement on the division of property, alimony, and custody arrangements, you can file for an uncontested divorce in NYC.
There are many benefits to an uncontested divorce process, particularly in the way of open communication that will be necessary when property distribution, financial arrangements, and minors are involved. But even if your uncontested divorce starts as an amicable one, communication can often take an emotional and even hostile turn.
As an attorney experienced in negotiating uncontested divorce cases, I have enabled countless couples to get to a place where they can move past their differences by filing for an uncontested divorce.
Contact The Law Office of Juan Luciano today to see how our team of NYC divorce attorneys can help (212) 537-5859.
Contested Divorce in NYC
Many times, an uncontested New York divorce is simply not possible. If you have found that after legal separation, disputes arose over the division of assets, spousal maintenance, and custody, then a contested divorce may be the only option. This is when having experienced legal representation is crucial.
Our team can provide skilled guidance regarding New York City’s divorce process. We can conduct a thorough evaluation to determine your options and discuss the possibility of a collaborative divorce, a good option even in many contested divorce cases.
In most Manhattan divorce cases, I prioritize resolving any issues through careful negotiation, but as an experienced NYC family litigator, I am always prepared to take your case to court when necessary to protect your legal rights and interests.
To find out how we may be able to help, call Juan Luciano Law Firm for a consultation today at (212) 537-5859.
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Why Hire Juan Luciano as Your Divorce Attorney?
Hiring Juan Luciano as a divorce attorney in New York City means working with a legal professional who brings over 15 years of proven success in divorce cases throughout the city. Clients benefit not only from his extensive courtroom experience but also from a deep commitment to helping individuals move forward during a difficult chapter of life. His practice focuses on achieving strong legal outcomes while supporting clients emotionally and strategically through each step of the process.
Juan Luciano prioritizes minimizing unnecessary conflict while standing firm in court when the situation demands it. Clients receive dedicated attention, a clear understanding of their rights, and thoughtful guidance shaped by compassion and legal knowledge. Every case is approached with a balance of assertive representation and respect for the emotional challenges that often accompany divorce proceedings.
As a top-rated New York City divorce lawyer, Juan Luciano focuses on protecting his clients’ rights and helping them feel heard and secure throughout the legal journey. His goal is not only to win cases but also to help each client emerge with a sense of fairness and peace of mind.
For experienced legal support, contact Juan Luciano Divorce Lawyer at (212) 537-5859.
What Is Considered An Uncontested Divorce?
An uncontested divorce in New York is when both spouses are able to reach agreements about the many different aspects of their separation that need to be resolved before their divorce can be finalized.
These will include:
- How custody, visitation, and parenting responsibilities will be shared if there are children involved
- Who will pay child support and the amount and the duration
- Whether spousal support is warranted and the amount and duration
- How marital property and assets will be divided
- How debt will be divided
Furthermore, a couple must fulfill specific residency requirements in the state of New York in order to divorce. These are:
- One of the spouses must have been a resident of New York for at least two continuous years immediately prior to filing for the divorce, or
- One of the spouses must have been a resident of New York for at least one continuous year immediately prior to filing for the divorce if the couple was married in the state of New York, resided in the state of New York as a married couple, or there were grounds for divorce that happened in the state of New York.
Once the spouses have reached an agreement, a settlement agreement is drafted to incorporate all the issues that the couple has agreed upon. This will go to a judge who will review the agreement and usually approve it unless it seems particularly unfair to one of the parties or appears that one spouse agreed to its terms while under duress.
How Long Does an Uncontested Divorce Take in NYC?
An uncontested divorce will be quick and relatively easy compared to a contested one. However, even an uncontested divorce can take some time, depending on the court, judge, and the state where the couple resides.
There is no exact timeline for an uncontested divorce in New York, but on average, this type of divorce can take about 3 months. The process may take longer if the couple finds that there are some parts of the agreement that need to be discussed further. Late filing of the paperwork and mistakes made in the paperwork can also end up prolonging the process.
Even in an uncontested divorce, it is important to seek the legal advice of a NY divorce attorney. A skilled family law attorney may be able to help spouses understand their rights and help them ensure that divorce papers are free from mistakes. To receive legal advice from an experienced attorney for an uncontested divorce, call us today.
Are There Advantages To An Uncontested Divorce In New York?
When couples can agree upon issues such as child custody, child support, alimony, spousal maintenance, and property distribution amicably, an uncontested divorce can be much less time-consuming, less expensive, less emotionally fraught, and more private. The less involvement by attorneys and the court, the more a couple can truly work out their issues and differences to their own advantage.
Although in some cases a couple may not need the assistance of an attorney in an uncontested divorce, having legal input and guidance can help in the negotiation process, in drafting and ensuring the accuracy of the required documents and forms, and in ensuring their timely filing.