Know Your Legal Rights in New York City

A New York City Uncontested Divorce Lawyer Can Help

If you are preparing to file for divorce, it is in your best interest to take the time—before doing anything else—to understand your rights. A lack of basic knowledge about divorce rights is one of the most common reasons why individuals end up feeling unhappy or dissatisfied with the final outcome.

Too often, people initiate the process without fully understanding it. Before they know it, the divorce is progressing beyond their control. By the time it's finalized, they may discover that they’ve been deprived of their fair share of the marital estate or are bound by court orders concerning child custody or support that make life unnecessarily difficult.

Fortunately, this doesn’t have to happen to you. Now is your opportunity to arm yourself with essential information and secure the guidance of a seasoned New York City uncontested divorce attorney from H. Benjamin Perez & Associates, P.C. We’re here to help ensure that your rights are protected and that you remain in control throughout the process.

Your Right to Stay in Control of Your Divorce

One of the first—and most important—rights you have in your divorce is the right to pursue an uncontested divorce. This option allows you to keep your private affairs out of the public eye and avoids subjecting your personal life to courtroom scrutiny. More importantly, it frees you from having to accept potentially arbitrary decisions made by a family law judge.

In an uncontested divorce, you and your spouse retain control over the final outcome. This is often the most sensible approach, as no one understands the unique aspects of your marriage and separation better than the two of you.

While your settlement will still require judicial approval, an experienced attorney from H. Benjamin Perez & Associates, P.C. can guide you through the negotiation process—ensuring the agreement both protects your interests and complies with New York State law.

Your Right to a Fair Outcome

You have the legal right to file for divorce under any of New York’s fault-based grounds, which include cruel and inhuman treatment, willful abandonment, imprisonment, or adultery. Alternatively, you may choose to pursue a no-fault divorce, which only requires demonstrating that the marriage has been irretrievably broken for at least six months.

As previously mentioned, in an uncontested divorce, the outcome is largely determined by you and your spouse—as long as the terms comply with New York law. For example, any arrangements involving child custody and visitation must serve the best interests of the child. There is no presumption favoring the mother or father; either parent can be granted sole physical and legal custody, or custody may be shared.

The same principle applies to asset and debt division. While the law does not require a strictly equal split, it does require the division to be fair and equitable, taking into account the unique circumstances of the marriage.

Ultimately, the guiding principle of New York divorce law is to ensure a resolution that serves the interests of both spouses and achieves a result that is as fair and balanced as possible.

A NYC Uncontested Divorce Lawyer Helping You Protect Your Rights

On all of these issues and more, you can find knowledgeable guidance and compassionate support by turning to our firm for help with your divorce. With more than 20 years of combined experience, we have assisted countless couples in resolving the same types of challenges you may now be facing.

At every step of the process, our goal is to ensure that your rights are fully protected, empowering you to walk away from the divorce in the strongest possible position to begin the next chapter of your life.

Looking for an attorney for your divorce in New York City? Contact H. Benjamin Perez & Associates, P.C. for trusted legal representation that puts your future first.