Divorce Attorney in Buffalo, NY

What Are the Grounds for Divorce in Buffalo, NY?

Since New York became a “no-fault” divorce state, there is rarely a case filed on fault grounds. In NY State, fault in not a factor in how assets are divided in almost all cases.

Most parties would rather avoid airing all the “dirty laundry” of their marriage and focus on the custody and financial issues.

A party can either pursue a no-fault or a fault-based divorce.

To obtain a no-fault divorce, one spouse will need to state, under oath, that the marriage has broken down “irretrievably” (beyond repair) for at least 6 months.

You will also need to show that all divorce-related matters, including property division, child custody, spousal maintenance, and child support have all been resolved.

You can achieve this with your spouse in a settlement agreement or with a court order after a trial or hearing.

To seek a fault-based divorce in New York State, you will need to prove one of the following grounds:

• Adultery
• Abandonment for at least 1 year
• Incarceration for at least 3 consecutive years after marriage
• Cruel and inhuman treatment (such as physical or mental abuse)

Fault-based divorces in Buffalo, NY are usually more contentious, and often times far more expensive to litigate because you will have to prove your fault grounds.

As such, it is advisable to consult with an experienced divorce attorney to decide how best to proceed on your behalf.

Uncontested Versus Contested Divorce

At the start, all divorce cases are “contested.”

Only after the parties come to an agreement on all issues associated with their divorce case, both custody (if a minor child) and financial, does the case become “uncontested.”

Conversely, if the couple disagrees on one or more issues, the case will continue as a contested divorce and proceed to a trial if an agreement cannot be reached during the litigation process.

How Is Divorce Different for Individuals with a High Net Worth?

High net worth divorce cases involve significant assets.

These assets generally involve real estate, stocks, bonds, businesses, retirement accounts, large bank accounts, investments, etc., which will need to be identified, valued, and divided in a separation.

High net worth divorces are complicated and often require the services of a forensic accountant.

As there are more assets involved, these cases often take longer and require more work to finalize.

Here are some examples of the issues in a high net worth divorce:

• Business interests and assets
• Substantial separate property claims
• Pensions or other retirement assets
• Dividing multiple properties and other valuables
• High asset 401(k) accounts
• Determining child support and spousal maintenance

It is important to consult with an attorney experienced in handling high asset divorce cases to best prepare yourself for the process.

These cases often require additional steps such as business valuations, asset appraisals, as well as uncovering hidden assets.

You need and deserve an attorney in Buffalo capable, qualified, and experienced in high asset divorce cases to protect your financial interests.

Choose The Divorce Lawyers Serving Erie County NY

The Buffalo divorce attorneys at The Rossi Law Firm are skilled negotiators who help you obtain the best possible settlement while preserving amiable relationships in your family.

However, there are times when unreasonableness and irrationality prevent a settlement and the New York courtroom is our only option.

Erie County's own Michael Anthony Rossi approaches every family case with the expectation that it is going to trial.

By always being ready to go to trial, they often negotiate from a position of strength and can negotiate a more favorable outcome.

Hiring the wrong Buffalo family lawyer could make a very bad situation worse.

Before you hire any Buffalo family law attorney, check the lawyer’s professional ratings and client reviews. We are proud to display ours right at the top of our webpage.

At The Rossi Law Firm, our law office cares about you and how your case is resolved as much as you do!

The Buffalo divorce attorneys at The Rossi Law Firm are available any time to discuss your case. Contact us today or call (716) 854-5555 to speak with an experienced trial lawyer serving Erie County, NY. It may be the most important call you will ever make!