Divorce

A Buffalo Divorce Lawyer Helping You Build a Better Future

Divorce is often one of the most difficult experiences a person can face in their lifetime. Trying to sort out child custody issues and how to divide your marital assets and debts can leave you feeling overwhelmed. To further complicate matters, financial stresses, emotional strain, and the uncertainty of the future for you and your family can cause your divorce to become extremely antagonistic. You need someone on your side who can help you navigate the complexities of your situation so that you can move forward with your life. When you work with a Buffalo divorce lawyer from Tiveron Law, you get a seasoned attorney and powerful advocate who will help you build a better future.

Resolving Complex Divorce Matters & Disputes

Every divorce case is unique, but some cases are more challenging than others. At Tiveron Law, we excel in divorces that present numerous potential issues. A Buffalo divorce lawyer from our firm has the knowledge and experience necessary to navigate the most complex divorces. Some of the factors that can complicate your divorce include the following:

Allegations of spousal or child abuse
Children and/or pregnancy
Hidden assets
Business interests
Adultery
Emotional rancor
Complex financial affairs

Any one of these issues by themselves can complicate your divorce. Our Buffalo divorce lawyer team handles cases where many of these issues are on the table. Whether your case is complicated due to emotional issues or complex legal matters, we can help you reach a fair outcome in your divorce quickly and cost-effectively.

High-Net-Worth Divorces

Divorces involving couples with a high net worth present their own unique challenges. New York is an equitable distribution state, which means that who holds legal title to the couple’s assets does not necessarily determine how the property will be distributed during the divorce. It also doesn’t mean that the property will be divided equally. Spousal support can also become complicated in high-net-worth divorces. For couples with significant assets, therefore, the principal challenges are usually how much the assets are worth and what would be a fair settlement for both spouses.

There is no threshold that determines whether you would fall into this category. A Buffalo divorce attorney from our firm will have deep experience in handling divorce cases that involve one or more of the following assets:

Business ownerships, partnerships, or other interests
Stock options
Significant investment and retirement accounts
High-value artwork or jewelry
Exotic cars
Extensive real estate holdings or investments

We can also help you navigate your divorce in the context of a prenuptial agreement if you have one with your spouse.

Finally, we also have extensive experience in handling Qualified Domestic Relations Orders or “QDROs.” These orders allow judges to divide federal retirement benefits including pensions and 401k accounts. QDROs pose numerous potential issues. A Buffalo divorce lawyer from our firm can help you not only understand how it will apply to your case but also draft and negotiate the terms.

Contact a Buffalo Divorce Lawyer at Tiveron Law Today

Divorces are major life events, but thankfully, you do not need to navigate this challenge alone. A Buffalo divorce attorney from our firm can help you meet whatever challenges you are facing and overcome them. To discuss your case and how we can help, contact us today at 716-636-7600 to schedule an appointment with one of our attorneys.

What are the grounds for a divorce?

Effective October 12, 2010, New York State has seven grounds for divorce. Four of the “grounds” are based on the “fault” of one of the parties due to cruel and inhuman treatment, abandonment for one or more years, imprisonment for three or more years, and adultery.

The other grounds, one year of living apart under a separation judgment granted by a Court or under a separation agreement signed by the parties, enable grounds for a “no-fault” divorce, in which neither spouse is judged to be at fault, provided that the spouse seeking the divorce has substantially complied with the provisions of the judgment or agreement. The parties also may obtain a no-fault divorce to the extent that one party alleges that the relationship between the parties has broken down irretrievably for at least six months.

How long must I reside in new york before I can begin my divorce action?

An action for divorce may be maintained only when:

The husband and wife were married in New York, and either of them was a resident of New York when the action is begun and has been a resident of New York for a continuous period of one year immediately before the commencement of the action, or
The parties have resided in New York as husband and wife, and either of them is a resident of New York when the action is begun and has been a resident of New York for a continuous period of one year immediately preceding the beginning of the action, or
The grounds for divorce occurred in New York, and either party has been a resident of New York for a continuous period of at least one year immediately before the beginning of the action, or
The grounds for divorce occurred in New York, and both parties were residents of New York at the time of the commencement of the action, or
Either spouse has been a resident of New York for a continuous period of at least two years immediately preceding the commencement of the action.

How long will it take to get divorced?

The length of time involved to obtain a divorce or separation from start to finish and its cost is heavily dependent upon the level of cooperation and agreeability of the parties, in addition to the complexity of the case. As a result, a matter may be completed as quickly as a few months or as long as a few years. In our office, the cost of a case ultimately is a function of the level of involvement of the attorneys and our support staff, as all of our matters are handled on an hourly basis.

What are the laws in new york regarding property distribution?

In New York State, property is distributed through “equitable distribution.” Property is first classified as either “separate” or “marital.” New York State Domestic Relations Law defines separate property as:

Property acquired by the other party prior to the marriage.
Property acquired by the other party by bequest, devise, descent, or gift from a party other than the spouse.
Property acquired by the other party as a result of compensation for personal injuries.
Property acquired in exchange for or the increased value of separate property (non-marital property), except to the extent that such appreciation is due to the contributions and efforts of the other spouse.

There have also been case law developments pertaining to the determination of separate property, which add meaning to these basic definitions. Separate property is not subject to equitable distribution between divorcing or separating parties.

Relative to the equitable distribution of marital assets and liabilities, it is essential to know that equitable does not necessarily mean an equal division, and our Domestic Relations Law has set forth a number of factors that should be considered by the parties or a court in determining what is equitable. Those factors include:

income and property of the spouses, including any marital property divided as a result of the dissolution of marriage
any transfer of property made in anticipation of divorce
duration of the marriage
wasteful dissipation of marital property
contributions of each spouse to the marriage and the other spouse’s career, including services rendered in homemaking, childcare, education, and career-building of the other spouse.
tax consequences to each spouse
any custodial and child support responsibilities
the ability of the spouse seeking support to become self-supporting and the time and training necessary
any reduced lifetime earning capacity as the result of having foregone or delayed education, training, employment, or career opportunities during the marriage
whether the spouse from whom maintenance is sought has sufficient property and income to provide maintenance for the other spouse
age and health of both spouses
present and future earning capacities of both spouses
any other factors the court deems just and equitable

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Divorce

A Buffalo Divorce Lawyer Helping You Build a Better Future

Resolving Complex Divorce Matters & Disputes

High-Net-Worth Divorces

Contact a Buffalo Divorce Lawyer at Tiveron Law Today

Matrimonial And Family Law

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Divorce

A Buffalo Divorce Lawyer Helping You Build a Better Future

Resolving Complex Divorce Matters & Disputes

High-Net-Worth Divorces

Contact a Buffalo Divorce Lawyer at Tiveron Law Today

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FAQs

What are the grounds for a divorce?

How long must I reside in new york before I can begin my divorce action?

How long will it take to get divorced?

What are the laws in new york regarding property distribution?

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