The Divorce & Family Attorney at Law Dutchess County, NY Trusts

No-Fault Divorce in New York

The state of New York enacted no-fault divorce in 2010, which means that you no longer have to live apart from your spouse for a period of one year under a separation agreement or alleged adultery, cruelty, abandonment, or other "fault" in the spouse.

Under the new law, you can now divorce for "irreconcilable differences" without having to prove grounds or wait a long period. This speeds up the process and allows you to make practical settlements regarding your property, finances, and children.

Contested divorces occur when the married couple cannot make an agreement at the time they are first seeking legal counsel. In 2010 New York enacted the no-fault divorce whereby all that must be shown is that one of the married parties has been unhappy for a period of six months prior to filing and wished to end the marriage. This was a change from where fault based upon adultery, cruel and inhuman treatment, abandonment, or a separation of one year needed to be demonstrated prior to a divorce being granted. At the Law Office of Kelley M. Enderley, PC my staff and I work with you to resolve issues during your divorce-related to the following:

• Martial asset and debt division
• Temporary and permanent orders of child custody, visitation, and child support
• Spousal maintenance (alimony)
• Prenuptial/post nuptial agreements
• Domestic violence orders of protection (family offenses)
  

An uncontested divorce is often the ideal situation for everyone involved as it avoids expensive litigation, the hassle of courtroom politics and promotes an amicable settlement. However, not every case can be handled in this manner. 

When a client comes for a consultation, we always explore the possibility of engaging in an uncontested divorce and determine what legal issues are related to the potential litigation. Simply put, an uncontested divorce is one whereby the attorney is simply putting together the legal documents with the correct legal language regarding all aspects of the divorce which are agreed by the parties prior to the attorney being retained.

What Is A NY Uncontested Divorce?

Uncontested divorce is when the attorney is simply putting together the legal documents with the correct legal language regarding all aspects of the divorce, which are agreed upon by the parties prior to the attorney being retained. As such, the attorney is simply following a list of agreed-upon terms and drafting the appropriate legal documents.

Many individuals do not have a list of things that they want written up in a divorce. Rather, they have a list of assets and believe that things can be amicably settled. Unfortunately, this is not an uncontested divorce in New York. Anytime any asset needs to be divided or child custody parenting time schedules need to be made this is a contested matrimonial and must be treated as such. At the very least settlement proposals will be exchanged various times prior to a formal settlement being reached.

While each divorce is different many times they are not as simple as one can hope for. It is also important to choose the right Poughkeepsie uncontested divorce attorney to work with so that your issues/disputes regarding the divorce are addressed appropriately.

What to Expect From Our Law Firm

When you come to our Poughkeepsie divorce firm, you will be ushered into our low-key but professional office. We work hard to create a relaxed environment that helps you feel comfortable and reduces your stress. One of our clients even told us recently, "I'm always calmer when I leave your office."

Attorney Kelly M. Enderley is skilled at laying out realistic expectations and guiding clients to sensible give-and-take settlements that allow both parties to start the new chapters of their lives. In addition to brokering an effective divorce agreement between you and your spouse, she can work with your spouse's lawyer (if he or she has one) to effectively resolve all issues. This is why we are the family attorney at law Dutchess County, NY relies on.

Contact Our Hudson Valley Uncontested Divorce Attorney

If you are looking for a Poughkeepsie uncontested divorce attorney who will help you move on with your life as quickly and easily as possible, reach out to The Law Office of Kelley M. Enderley, PC today. We offer after-hours appointments by request and accept credit cards.

Some states follow a "community property" principle that divides all marital assets 50-50. New York, however, is an "equitable distribution" state, which means all marital property is divided in a way that accurately reflects each party's contributions. The division of assets may not be 50-50, but it should be fair.

At The Law Office of Kelley M. Enderley, PC, we understand that property division is often one of the most stressful parts of both contested and uncontested divorce. During the handling of your case, our Poughkeepsie property division attorney will review your financial documents, refer to the law and take into account what you value most.

However, we do not simply take your paperwork and run with it. We recognize that no one understands your particular situation better than you do, so attorney Kelley M. Enderley will involve you in the process, taking the time to review documents with you on the phone or in person.

Our Hudson Valley Law Firm Can Assist You With the Equitable Division of All Marital Assets, Such As:

• Houses or real estate (including refinancing, putting it on the market, etc.)
• Cars, boats and recreational vehicles
• Furniture, art collections and antiques
• Pensions, IRAs, 401(k)s and other retirement funds
• Bank accounts, stock and bonds
• Closely held businesses
• Hidden assets

Dividing Debts in a Fair and Sensible Way

In addition to dividing assets, many divorcing couples nowadays find themselves faced with the challenge of dividing significant debts. If your house is in danger of foreclosure, you or your spouse has accumulated thousands of dollars of joint credit card debt, or you have other financial concerns, we can help.

The Law Office of Kelley M. Enderley, PC is here to clearly explain New York divorce and debt division laws and aid you in finding a workable solution to your unique situation.

Consult Our Dutchess County Divorce Attorney

To learn more about asset or debt division in a New York divorce, call our lawyer, Kelley M. Enderley, at (845) 234-4180 or contact her online to schedule a confidential consultation. Evening and weekend appointments are available by request. As the family attorney at law Dutchess County, NY has trusted for over a decade, we can help.