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Divorce HANDLING CASES FROM START TO FINISH

Dutchess County Divorce Lawyer

Divorce Legal Support in Dutchess County: Your Reliable Partner. Call (845) 605-4330 for a Case Evaluation

The Law Office of Dennis R. Vetrano, Jr., LLC proudly represents individuals and families from all walks of life. We have sharpened and honed our skills to cater to any type of family law need. Whether you are involved in a contested divorce, a high net worth divorce, or a no-fault uncontested divorce, our Dutchess County divorce lawyer has the experience to provide you with seamless and stress-free representation.

Why Choose Our Dutchess County Divorce Attorneys?

  • 75+ years’ collective legal experience
  • Avvo Clients’ Choice Award for Family Attorney in 2015
  • Strong testimonials from past clients
  • Compassionate counsel & gritty, trial-tested advocacy

Schedule your confidential consultation online or call our divorce lawyers in Dutchess County, NY at (845) 605-4330!

Understanding the Divorce Process in New York

Navigating a divorce can be overwhelming, but understanding the process can empower you to make informed decisions. 

In New York, the divorce process typically involves several key steps:

  1. Filing the Petition: This is the formal request to the court to initiate the divorce process.
  2. Serving the Papers: The other spouse must be officially notified of the divorce filing.
  3. Responding to the Petition: The receiving spouse has a limited time to respond, which can lead to negotiations or court appearances.
  4. Discovery: Both parties exchange information and documents relevant to the case, which is crucial for equitable settlements.
  5. Negotiation or Mediation: Many couples opt for mediation to resolve disputes amicably, saving time and reducing stress.
  6. Finalizing the Divorce: Once agreements are reached, the court will issue a final judgment, officially ending the marriage.

Why Choose Law Office of Dennis R. Vetrano, Jr., LLC? 

Each divorce is unique, and the timeline can vary widely based on the complexity of your case and whether it’s contested or uncontested. Our experienced team at the Law Office of Dennis R. Vetrano, Jr., LLC is here to guide you through each step, ensuring that you understand your rights and options.

By choosing our firm, you gain access to:

  • Personalized attention and support throughout the process
  • Expertise in New York divorce laws and regulations
  • Strategies tailored to your specific situation and goals
  • A commitment to achieving the best possible outcome for you and your family

Let us help you navigate this challenging time with clarity and confidence. Contact us today to learn more about how we can assist you through the divorce process.

Benefits of an Uncontested Divorce in NY

In order to file in the State of NY, the law requires that a couple must provide grounds (a legal reason) for the termination of their marriage. Whatever the grounds may be, some couples can move forward with a divorce by resolving their issues privately.

If a couple is able to agree on all the terms of their separation, including child custody, support, or property distribution, the couple can enter what is called an uncontested divorce.

Benefits of Filing an Uncontested Divorce Include:

  • Minimize or completely eliminate negative emotional consequences
  • Reduce financial impact
  • Swift and affordable resolution
  • Cooperative and private process
  • Allows couples to make customized orders based on their own decisions

Commonly Asked Questions

What are the grounds for divorce in New York?

In New York, the grounds for divorce can be based on fault, such as adultery or abandonment, or no-fault grounds, which include an irretrievable breakdown of the marriage for at least six months.

How is child custody determined in a divorce case?

Child custody in New York is determined based on the best interests of the child, considering various factors such as the child's age, the parents' living situations, and the emotional and developmental needs of the child.

What is the difference between legal separation and divorce?

Legal separation allows couples to live apart while remaining legally married, often involving a formal agreement on issues like support and custody. Divorce legally ends the marriage.

Can I modify a divorce settlement after it has been finalized?

Yes, it is possible to modify a divorce settlement in New York, but it typically requires showing a significant change in circumstances that warrants a modification, particularly regarding child support or custody.

What is a divorce decree?

A divorce decree is a legal document issued by the court that finalizes the divorce and outlines the terms of the divorce, including asset distribution, custody arrangements, and support obligations.

Does Adultery Affect Divorce in New York?

In New York, adultery does have an effect because couples are given the option to seek a “fault” divorce. This means poor treatment, and abandonment can be treated as a marital fault. Usually, adultery or cheating is not considered when awarding alimony or dividing marital property.

Do You Have to Be Separated for a Year?

In NY State, if you and your spouse have been separated for at least one year or if there's been an “irretrievable breakdown of the marriage” for at least six months you can seek a no-fault divorce. Couples can also seek legal separation after entering into a separation agreement and living apart for at least one year.

What Is a Wife Entitled to in a Divorce?

Under New York’s equitable distribution laws, a wife is entitled to “marital property”. This means that you and your spouse will get to keep any separate property that was brought into the marriage.

How Long Does It Take to Get a Divorce?

The process of getting a divorce can take anywhere from months to years, depending on the circumstances of your situation. If the divorce is uncontested, meaning that both parties agree to the divorce, it can be finalized relatively quickly, even within a few weeks. However, if the divorce is contested, meaning that one party does not want the divorce or there are disagreements over issues like child custody, spousal support or property division, the process can take much longer. The most important thing you can do is ensure you have an experienced Dutchess County divorce lawyer on your team to fight for the best possible outcome for you and your family.

What Happens if You Don’t Sign Divorce Papers in New York?

If one party refuses or doesn't sign the divorce papers in New York, the divorce process can still move forward, but it causes it to become more lengthy and complicated.

When one part doesn't sign or respond to the divorce papers, the spouse who filed for the divorce (called the “petitioner”) can request a default judgment which means the court can grant the divorce even if the other party does not participate in the proceedings. Proof will need to be provided that the petitioner properly served the divorce papers to their spouse and the waiting period for them to respond has passed.

However, if the other party contests the divorce and refuses to sign the papers, the divorce may go to trial where a judge will make a decision on the terms of the divorce. Going to trial can be costly and time-consuming, it is more beneficial for the couple to try and reach a settlement agreement outside of court instead.

How Do You Legally Stop a Divorce in New York? 

If you find yourself facing the possibility of divorce in New York, you may be feeling overwhelmed and unsure of what to do next. There are legal options available to help you stop a divorce from going forward. 

In New York, you can file a notice of appearance with the court, which lets the judge know that you intend to contest the divorce. Some of the other legal options include:

  • Withdrawal of the Divorce Complaint: If you don't want to go through with the divorce and your spouse has filed, you can file a Notice of Discontinuance or a Stipulation of Discontinuance with the court. This document notifies the court that you are withdrawing the divorce complaint and ending the legal proceedings.
  • Counterclaim: If you were served with divorce papers and you want to save your marriage, you can file a counterclaim with the court. This is a legal document that asserts your right to sue your spouse for divorce. However, if you change your mind later, you can also withdraw your counterclaim and dismiss the divorce proceedings.
  • Reconciliation Agreement: If you and your spouse decide to reconcile and want to save your marriage, you can sign a reconciliation agreement. This document states that you both agree to stop the divorce proceedings and make an effort to save your marriage. The agreement should be in writing and signed by both parties.

You may want to consider seeking counseling or mediation to help work through any issues in your relationship. While stopping a divorce in New York is not always easy, it is possible with the right resources and support.

Divorce Mediation in New York

The state of NY allows couples to navigate a divorce out of court through the process of mediation. Through mediation, a couple can have the opportunity to negotiate with one another regarding the dissolution of their marriage. This allows couples to maintain a sense of control over their marital split.

Contact the Law Office of Dennis R. Vetrano, Jr., LLC Today

We offer case consultations for our clients. We stay available and present, always ready to answer your pressing questions or concerns as they arise. Even the most amicable divorce can cause lasting emotional wounds if not handled properly, so retain us to help you avoid confusing complications. Our divorce attorneys in Dutchess County, NY are ready to help you reach a favorable resolution.

Call our law firm at (845) 605-4330 today to schedule your case consultation with our Dutchess County divorce lawyer.

Helpful Resources

CLIENT TESTIMONIALS

READ WHAT PAST CLIENTS HAD TO SAY
    "Using the Law Office of Dennis R. Vetrano to handle my divorce was the best decision I could have made."

    I want to say that using the Law Office of Dennis R. Vetrano to handle my divorce was the best decision I could have made. Kristen explained everything up front in terms that I could understand, and she put me at ease from the moment we met. Erika kept me abreast of everything that was happening throughout the whole process. She answered all my questions quickly and again in a way that I could understand. I would recommend the Law Office of Dennis R. Vetrano to anyone.

    - David B.
    "Unfortunately some of the hardest times in our lives we need an attorney to help guide us through such emotional and uncertain and scary period"
    Unfortunately some of the hardest times in our lives we need an attorney to help guide us through such emotional and uncertain and scary period. Choosing the best attorney can take away some of the fear and anxiety Dennis and his absolutely amazing team have held my hand and calmed my nerves on more than one occasion Stacey is always on the other end of the phone to reassure me that it is a process and it will be ok.I have found such comfort in Dennis his knowledge and strong confidence that he and his team have it all under control allows me to focus on myself and my children while they handle my case. I highly recommend this firm!
    - Jennifer Garofolo
    "I am extremely thankful for having received the best representation from my attorney Kristen D. Farris for a temporary order of protection case against my soon to be ex-husband."

    I am extremely thankful for having received the best representation from my attorney Kristen D. Farris for a temporary order of protection case against my soon to be ex-husband. Everything went so smooth with her amazing expertise and professionalism. In the court, she took charge right away and everything was just so well. I was so relieved! The outcome of the case was perfect and the case settled without any issues. I had no chance to stress! Finally, the office staff was so friendly and the communication, which was mostly through e-mail, was perfect. I am looking forward to working with Kristen with the next steps of getting a divorce. God answered my prayer when I asked for a great attorney :) I was so nervous but thankfully everything went so well!!!

    - Rosa Gonzalez
    "Kristen and Erika were wonderful to work with. Very professional, yet compassionate. They thoroughly explained everything in understandable terms."

    Kristen and Erika were wonderful to work with. Very professional, yet compassionate. They thoroughly explained everything in understandable terms. Both Kristen and Erika were prompt in all communications and kept me informed throughout.

    - Rebecca T.
    "Tough, gracious, generous, and committed describe Kristen’s qualities as my attorney."

    Tough, gracious, generous, and committed describe Kristen’s qualities as my attorney. And much thanks to the paralegal team as well. Their combined experience provided prompt support whenever I had any questions and helped talk me through my situation and to provide clarity. I can’t thank Kristen and her team enough for the all hard work and kindness through the process.

    - T. Curtis-Verderosa
    "Christal Prinz is OUTSTANDING! She has compassion and a wealth of knowledge about the law."

    Christal Prinz is OUTSTANDING! She has compassion and a wealth of knowledge about the law. She has a good common-sense approach as well. It was a delight to work with her considering the circumstances and nuances of my case and the law.

    - A.P.
    "I am so thankful I found this law office to handle my divorce. Kristen was a pleasure to deal with and handled my divorce flawlessly. Communication was always very fast, and always very clear."

    I am so thankful I found this law office to handle my divorce. Kristen was a pleasure to deal with and handled my divorce flawlessly. Communication was always very fast, and always very clear. I highly recommend! Couldn’t have been handled better. Thank you.

    - Claudia Franciosa
    "The guidance and knowledge they provided was immeasurable."
    I am so grateful for the wonderful team that assisted me through one of the most difficult times of my life. The guidance and knowledge they provided was immeasurable.
    - Jessica Conklin

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