Divorce Attorneys in Albany
Protecting Your Rights & Fighting for Your Best Interests
If you are getting divorced, you should speak with an experienced attorney as soon as possible. The divorce process is complex and confusing, especially for people who are unfamiliar with it. Also, there is typically much at stake, such as your property, custody of your children, your money, and other assets. A skilled lawyer can guide you every step of the way while defending your rights and helping you make well-informed decisions.
At O’Brien & Wood, our divorce attorneys in Albany have more than 25 years of combined experience in this practice area. As a result, our firm has successfully helped many individuals achieve their goals, and we can assist you, too. We can create a personalized case strategy for you which will aim to help you retain your assets and come out of your divorce in a favorable position. You can rely on us for effective legal services and relentless representation.
New York Divorce Laws
New York is a no-fault divorce state. This means that either party can file for divorce if there has been an irretrievable break down in the marriage for at least six months. However, you may be able to file for fault-based divorce, as well. Potential reasons for a fault-based divorce include adultery, abandonment, cruel and inhuman treatment, and three consecutive years of imprisonment. Also, New York is an equitable distribution state, which means marital assets will be divided fairly, but not necessarily equally, between both parties. Marital assets are those which were acquired during the marriage, such as income, retirement benefits, and physical property.
When dividing property, the court will consider the following, and more:
- Whether either party made occupational sacrifices during the marriage
- The property and income of each party at the time of marriage
- The probable future financial situations of both parties
- Any tax consequences to each party
- Any award of spousal maintenance
- The health and age of both parties
- The length of the marriage
To learn more about your situation and how our Albany divorce lawyers can help you, call us today at (518) 240-9992 and schedule your consultation.