Divorce Lawyers NJ and New York City, Maurice Giro and Patricia Talbert
You don’t need consent from the state of New York to date or marry someone, to have children or to impose household rules, or for any other personal matters. However, it’s a different story if you are asking for a divorce—the rules suddenly change and may be quite confusing. Our lawyers will not only explain your legal rights in easy-to-understand terms, but we will also help you enforce them.
A divorce raises many issues that will have a profound impact on the future of you and your family, including:
The Division of Marital Property
A marriage is a serious legal and economic commitment whose accumulation of property, assets and debt will determine the propective lifestyle of the parties involved. As your estate grows larger and more complex, the greater your need grows to hire an attorney who has the experience to protect your family’s’ assets during a divorce.
Child Custody and Visitation
At our offices, we assist our clients with custody arrangements that aim to allow parents to maintain a strong bond with their children. According to New Jersey law, child custody decisions are to be made with the children’s best interests at heart.
Child Support
Parents are required to provide financial support for their children. If you are ending your marriage, your family’s lifestyle will be greatly affected by the amount of child support the court will require you or your spouse to pay.
Spousal Support
Under New Jersey and New York law, spouses may be entitled to spousal support, also known as alimony or maintenance. if there is a divorce or separation. At our office, we can advise you on spousal support issues.
We understand that deciding to end a marriage is painful. But if your marital relationship is no longer working out, it is often better to part ways than to silently put up with an agonizing ordeal for the rest of your life. Remember that divorce does not have to be the end of the road; Often, it is the beginning of a whole new chapter in your life. Thus, if you are considering filing, let the law offices of Christian, Giro & Tadros, LLP and its attorneys enable you to receive fast and efficient solutions that protect you from emotional stress, allow you to maintain a healthy relationship with your children, seek to guard your finances, and restore your peace of mind.
Grounds for divorce in New York – Despite its reputation as one of the most liberal states in the country, New York is the only state without a no-fault ground for it. Thus, divorce in New York requires proof of marital fault. There are 6 Grounds for divorce in New York:
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Cruel and inhuman treatment – This takes place when the actions of one spouse endanger the physical or mental health of the other spouse or partner, making it unsafe or unacceptable to continue living together as husband and wife. Examples of such misconduct include domestic violence and repetitive mental cruelty.
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Abandonment – This takes place when there is an abandonment for a period of 5 years or more, which may be actual or constructive. Actual abandonment takes place when one spouse leaves the home without consent and without intending to return. An example of constructive abandonment is when one spouse objects to having sex with the other spouse for more than a year.
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Adultery – This is defined as an act of sexual intercourse voluntarily committed by one spouse with a person other than the other spouse after the marriage. This is often difficult to prove because it needs supporting evidence of the adultery.
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Conviction of a crime – The imprisonment of a person for a period of 3 or more consecutive years after the marriage can be grounds for a divorce.
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Conversion of a separation judgment – This occurs when the spouses are living separately pursuant to a decree or judgment of separation for at least one year after the granting of such decree or judgment.
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Conversion of a written and acknowledged separation agreement after living separately for more than one year – This takes place when the spouses are living separately pursuant to a written agreement of separation, signed in the manner and form required to entitle a deed to be recorded, for a period of one or more years after the separation agreement was signed.
As your New York City divorce lawyers, we will protect you and your children, as well as your current and future interests so that you can quickly move on with your life.
New Jersey Divorce Lawyers
GROUNDS FOR DIVORCE – In New Jersey, there are several different grounds where a Court will grant a divorce and dissolve the marriage.
- Adultery – Adultery is defined as voluntary sexual intercourse of a married person with a person other than the spouse.
- Desertion – Under New Jersey law, desertion occurs when: i) one spouse has stopped living with the other spouse or has refused to have sexual relations with the other spouse; ii) the deserting party has intended to stop living or stop having sexual relations with the other spouse; and iii) the desertion has been continuous for a period of at least 12 months.
- Extreme Cruelty – Courts have said that the standard for proving extreme cruelty is subjective. Extreme cruelty is defined as any physical or mental cruelty that endangers the safety or health of the plaintiff or makes it improper or unreasonable to expect the plaintiff to continue to cohabit with the defendant.
- Irreconcilable Differences – This may be the most common reason cited when asking a court for a divorce. In order to end the marriage under this law, a spouse must claim that irreconcilable differences have caused the breakdown of the marriage for a period of six months and which make it appear that the marriage should be dissolved and that there is no reasonable prospect of reconciliation.
- Voluntarily induced addiction or habituation to any narcotic drug or habitual drunkenness for a period of at least 12 consecutive months
- Institutionalization for mental illness for a period of at least 24 consecutive months
- Imprisonment for a period of at least 18 consecutive months
- Deviant sexual conduct
As New Jersey divorce lawyers, we are always focused on the best interests of you and your family. As your personal legal counsel, we assure you we will never lose sight of your welfare and that of your children.
Contested – This type of divorce occurs when the couple disagrees on one or several issues related to the divorce. The couple must then take their issue/s to a court to be resolved. Here at Christian, Giro & Tadros, LLP, our New York and New Jersey divorce lawyers will tailor a solution that is appropriate for your unique case. As part of the process, we shall be aggressive in protecting your assets and ensure that your child’s best interests are accommodated.
Uncontested – This type of divorce occurs when the couple has already agreed on every item and issue about the divorce. This is generally preferred in most divorce settlements because the process is more time efficient and less expensive than litigation.
Although you may be tempted to save money and time by not hiring an attorney, you may lose the benefit of having an experienced professional review the terms of the divorce to make sure that you are receiving what you are entitled to, as well as risking the possibility that important issues have not been adequately addressed. Entering into a divorce agreement without the benefit of legal counsel can cost you thousands of dollars that you may not have known you were entitled to and may subject your child to unnecessary dangers. It is recommended that you speak to an attorney as early in the process as possible.
For a consultation, please contact one of our attorneys today.
divorce lawyer nj
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Please give me your thoughts?I am saeeratpd from my wife because I made a lot of mistakes during our marriage with gambling (I quit 7 months ago) and she ended up meeting someone new 4 months ago. We went to counseling and it was decided that she still had some feelings for me but did not want to be together with me right now and that she didn’t know exactly what her feelings for this other guy were. We agreed to get a legal separation to give her time to figure out if things with this other guy were real or not and to see if she can get past the resentment she has for me and if her lost feelings of love and affection for me can return. With xmas right around the corner I don’t want to get her some materialistic item so I decided to get a big box filled with roses and get the letter below engraved at things remembered or some place like that. My question is this, even though I know what I am feeling and trying to express but the words I wrote below don’t seem to be strong or romantic enough to match my feelings. I am not really good with this kind of stuff and was just looking for advice on ways to improve the wording maybe or any other suggestions on how to be romantic to try and win her back with out pressuring her or making her feel awkward.A PROMISE TO MY WIFEI could have gone out and got you some store-bought gift from the mall but I would rather give you something from my heart.So I give you this promise.A promise to give you the time you need to make the decision that is best for you.A promise to respect and believe in your decision, no matter how things turn out for us.If you ever decide to return to me, I promise to treat you with the love and caring you deserve.I promise to cherish you, protect you and always put you first. I promise to learn from my mistakes and to not repeat them again.I promise that when you’re down, I’ll be there to pick you up.I promise to never let the day to day struggles in life get in the way of my love for you.I promise to be the husband you deserve and the friend that is always there for you.I promise to listen to you and be a partner with you for the good of us and our children.I promise to never hurt you again. I promise a better future for us.But most of all I promise to never stop loving you.Thank you to those that are trying to add positive/honest feedback on something that obviously matters a lot to me those of you who are just trying to bash me and pretend that you know anything about me or my wife you are a joke and you need to go away and stop being ignorant.
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