Contested vs Uncontested Divorce: What Is the Difference?

Each divorce case is unique. While some cases can be handled amicably through the cooperative efforts of the couple, some can be emotionally charged due to the couple’s personal circumstances. In New York, divorce laws allow for two types of divorce: contested and uncontested. The type of divorce you get depends on whether you and your spouse can work through your differences and agree on the major concerns of your divorce without needing court intervention. 

Top-rated New York City divorce attorney Ryan Besinque has successfully guided numerous couples through the potentially overwhelming divorce process in New York. We understand the emotional toll a drawn out divorce can have on the whole family. We strive to provide quality legal advice and representation to pursue your and your family’s best interest. To learn more about how we can help you, contact The Law Office of Ryan Besinque today at (929) 251-4477 to schedule a free consultation.

Definition of Uncontested and Contested Divorce

In simple terms, an uncontested divorce is one in which the couple can agree on the major concerns of their divorce and only need mediation or minimal court intervention. Conversely, a contested divorce is a divorce in which the couple has one or more points of contention regarding the terms of their marriage’s dissolution. 

When a couple divorces in New York, they need to have an understanding of the major aspects of the separation. As much as a marriage is a romantic union, it is also a legal and financial relationship. The couple needs to come to an agreement on what they should do in terms of asset and liability distribution, child custody and support, if alimony or spousal support should be provided, and other such issues. If the couple cannot come to a consensus either through mediation or negotiation, the court would have to intervene and the case would need to undergo divorce litigation.

A contested divorce can also happen when one of the spouses does not want the divorce to push through. There is also the chance of an initially uncontested divorce becoming contested depending on the relationship and the circumstances of the couple as they go through the divorce. When this happens, the couple would need to go to court and present their cases before a judge who will make the determination on the aspects of the divorce on the couple’s behalf.

Regardless of the type of your divorce, working with an experienced Manhattan divorce attorney is important in making sure that your rights are protected and that your best interests are represented. Our team of legal professionals at The Law Office of Ryan Besinque can assist you both in divorce mediation and litigation. Contact us today at (929) 251-4477.

Key Differences between Contested and Uncontested Divorce

There are a few crucial differences between contested and uncontested divorces other than the ability of the couple to cooperate.

The Complexity of the Case

Divorce litigation requires more legal assistance than uncontested divorces mainly due to the number of hearings, different depositions, and other legal procedures that are needed to be accomplished in order to get a decree from the court.

Another legal difference between the types of divorce is that marital agreements that are borne from an uncontested divorce negotiation or mediation are unappealable once a judge has ordered a judgment of divorce. This is due to the fact that the court considers the agreement final and binding as the couple themselves have agreed to the terms of the agreement. It may still be appealable or be modified depending on the circumstances of the case but in the majority of cases, the marital settlement agreement will become final once the judgment is given.

In a contested divorce, it is more common for judgment orders to be appealable as they are determinations made by a judge. Before the court issues a judgment in divorce litigation, however, it is highly recommended that they bring any pertinent matters to light as appeals can prolong the process which leads us to the next point.

How Long the Divorce Takes

In New York, an uncontested divorce can take anywhere from three months to six months depending on how fast the settlement agreement can be drafted and how long mediation could take. Factors that can prolong an uncontested divorce can include whether the couple has any children and if they have a lot of complex assets that need to be distributed.

Due to the backlog of the courts, a contested divorce can usually take longer, from around nine months to a year. It can take longer depending on the grounds on which the divorce was filed. If the grounds involve domestic violence or abuse, the divorce can take a longer time to conclude as the court will need to cross-examine and investigate the allegations carefully before making a decision.

How Much the Divorce Costs

Owing to the complexity and length of time it can take, contested divorces are also more expensive than uncontested divorces. The difference mainly comes from additional court and lawyer fees that couples undergoing contested divorce would have to pay. There may also be instances wherein one party would hire an investigator to uncover inconsistencies about their partner such as irregular financial activity or adultery.

Meanwhile, those undergoing an uncontested divorce may only have to pay for the cost of filing the documents, some nominal fees for service of the divorce papers, and some court fees for certifying the judgment order. 

If you are considering a divorce and are concerned with the potential costs of filing, consulting a skilled attorney is advisable. An attorney may be able to walk you through the different processes involved and inform you about any expenses you can expect to incur.

Emotional Toll

While the other factors have been focused on the material and legal differences between contested and uncontested divorces, it’s important to remember that a divorce can also take an emotional toll on the parties involved.

Contested divorces can be emotionally draining and mentally challenging for everyone involved. Uncontested divorces involve a degree of compromise from both sides. In a contested divorce, communication between the couple could have diminished to the point wherein each has become unwilling to cooperate and unyielding. The longer the divorce is drawn out, the more frustration and anxiety could build not only for the couple but also for their family. 

When emotions run high during a contested divorce, it may be helpful to hire an attorney who can act as an objective advocate who can help you navigate the legal processes involved. Enlisting professional help through counseling and therapy can also help even in an uncontested divorce. The process of divorce is a period of transition and can easily become confusing and overwhelming. Your and your family’s well-being must be your first priority. 

Which type of divorce you choose should depend on you and your spouse’s relationship. Whether you go for a contested or an uncontested divorce should depend on your individual circumstances. This can be a hard decision to make but one that you can overcome with the help and advice of an experienced Manhattan divorce attorney.

Our team of skilled legal professionals at The Law Office of Ryan Besinque has dedicated their careers to providing competent legal assistance and representation to New York residents going through a divorce. We understand the impact and how a divorce can affect a family and work diligently to provide our clients with the best possible outcome with the least amount of heartbreak. You don’t have to face this alone. Contact us today at (929) 251-4477 to schedule a consultation.

source https://www.besinquelaw.com/contested-vs-uncontested-divorce-what-is-the-difference/

What To Expect at an Uncontested Divorce Hearing?

Divorce can be an emotional process. However, getting an uncontested divorce can make the process smoother and less stressful. This type of divorce is less expensive and requires fewer appearances in court.

An uncontested divorce is when both parties come to an agreement about the terms of their divorce. They present this agreement to a judge who will approve it.

Even if you and your spouse are looking to get an uncontested divorce, speaking to an experienced NYC uncontested divorce lawyer is still very important. A skilled divorce attorney can help you understand the requirements and provide the legal assistance you need.

It’s also possible that you have questions about what to do during a New York uncontested divorce proceeding such as how much an uncontested divorce costs or whether there is a possibility of your uncontested divorce being dragged out. Read on to learn more about what to expect during your uncontested divorce hearing.

What Happens at an Uncontested Divorce Hearing?

An uncontested divorce may be a quick and less expensive way for a divorcing couple. Here are some of the things you should expect during an uncontested divorce hearing: 

Before the Hearing

The court will require you to complete the paperwork required for your uncontested divorce hearing. You will need to file the necessary paperwork with the court, including a summons and petition for divorce and a certified statement of financial worth. Parents with children below the age of 18 may be required to register for a parenting education course. After the paperwork is filed, you’ll receive a court date for your uncontested divorce hearing.

During the Hearing

You and your spouse will appear before a judge during the uncontested hearing to finalize your divorce. The hearing takes between 15-30 minutes and may include a few questions from the judge. A judge will examine your paperwork to determine if the agreements are acceptable to both of you. Once both sides agree to the terms of the agreement, the judge will sign it. Your divorce is final.

After the Hearing

Following your uncontested divorce hearing you will be given a copy of the divorce decree. This is legal documentation that certifies your divorce has been finalized. For records updates, it is possible to need to send a copy of your decree to agencies such as Social Security Administration. Your will, power of attorney, and any other legal documents may have to be updated to reflect your marital situation.

If you or your spouse are considering getting an uncontested divorce, it is still essential to speak with a skilled divorce lawyer. A skilled attorney can help you provide the legal advice you need when going through the process of divorce. Schedule a consultation with our team of divorce attorneys today.

Questions Asked During an Uncontested Divorce Hearing

During an uncontested divorce hearing, any written agreements on the terms of the divorce will likely be repeated aloud. Your divorce attorney will ask you pointed questions that are designed to create a record in case a spouse changes their mind later. It is important to answer these questions honestly, as they will be recorded on an official transcript. 

The questions will include whether you agree with the terms of the agreement, whether you signed the agreement, and whether you were forced or coerced into the agreement.

Your divorce attorney will also ask other questions such as: 

• Is the settlement fair to you? 
• Did you enter into the agreement voluntarily?
• Are there any side agreements that need to be noted?

You will need to confirm that you understand you are waiving rights to a future trial by submitting the agreement and that you have reviewed the agreement, paragraph by paragraph, with your spouse and your divorce attorney.

Once these questions have been answered, the judge will ask for the reason for the divorce and confirm information such as the date and place of your marriage. The names and birth dates of any children, living arrangements, and the length of residency in the state will also be asked. If all of these issues are satisfied, a Judgment of Divorce will be signed and entered.

How Long Can an Uncontested Divorce Process Take? 

An uncontested divorce in Illinois can be resolved much more quickly than a contested divorce. A contested divorce can take a significant amount of time to work through all the issues and legal processes. Generally, a simple uncontested divorce can be completed in just a few months. However, the length of the process depends on the unique circumstances of each case, and some uncontested divorces may take up to six months or more to finalize.

Since uncontested divorces do not involve contested issues, the court does not need to make decisions, which can expedite the process. This can also save couples a considerable amount of money. However, navigating the court process can still be challenging for those who are unfamiliar with it.

Speaking to an experienced lawyer may be able to help you and your spouse understand the uncontested divorce process better and why it can be a great option for you and your family. A skilled attorney can work with you to protect your best interests. 

Advantages of Getting an Uncontested Divorce

When a couple can agree on issues such as child custody, child support, alimony, spousal maintenance, and property distribution, an uncontested divorce can be faster, cheaper, less emotional, and more private. It is better for couples to work out their issues and differences to their advantage with less involvement by attorneys and the court. Couples may use a divorce mediator to help them agree on sticking points.

Although couples may not need the assistance of an attorney, having legal guidance can help in the negotiation process, in drafting and ensuring the accuracy of required documents and forms, and in ensuring their timely filing.

Attorney Ryan Besinque is a skilled divorce lawyer with years of experience helping families with divorce and other family law matters. Contact us today to schedule a consultation regarding your uncontested divorce case. 

The Importance of Having an Experienced Divorce Lawyer

In an uncontested divorce, attorneys can review the agreement and divorce documents, make suggestions, and ensure the accuracy and comprehensiveness of the settlement agreement. At the law office of Ryan Besique, we believe that amicable divorces are most advantageous, but our priority is always to serve our client’s legal needs while mitigating further contention.

Especially when a marriage has extensive assets to divide or minor children to care for, having a legal advocate ensures that a spouse has a full understanding of the consequences and has not agreed to things they may regret.

To schedule a consultation, call us today. 

Getting the Legal Help of a Skilled New York City Uncontested Divorce Lawyer 

An uncontested divorce can be a more straightforward and less expensive option for couples looking to end their marriage. During an uncontested divorce hearing in New York, you can expect to appear before a judge for a brief hearing to finalize your divorce. By understanding what to expect during the hearing, you can prepare yourself for the process and ensure that your divorce is finalized smoothly and efficiently.

At the Law Office of Ryan Besinque, NYC divorce lawyer Ryan Besinque and our team of legal professionals advocate for the best interests of our clients. We may be able to provide the legal advice you need when it comes to your divorce and other family law matters. Contact us today at (929) 251-4477 to schedule a consultation. 

source https://www.besinquelaw.com/what-to-expect-at-an-uncontested-divorce-hearing/

Is Withholding a Child from Another Parent Allowed In New York?

Parents are entitled to care for and access their children. In joint custody cases, parents have the opportunity to visit their children and make plans for their future. However, there are cases where child custody cases get very contentious. Both parents have the right to access their children. Conflict could stem from one parent not paying child support or if both parents’ divorce is not amicable. While the judge ultimately makes the final decision about the custody, there are cases where one parent takes matters into their own hands and refuse to let the child meet with the other parent. 

It can be overwhelming and frustrating when the child custody order is not followed by the other parent. One might wonder how they can enforce a child custody order and whether it would be a good idea to involve the courts. It is important to remember that minor infractions are acceptable, although they can be annoying. It is normal for people to make mistakes. If a co-parent is late several times to exchange the child, it doesn’t necessarily mean that the other parent needs to file an enforcement petition with the court. However, if the custodial parent is being unreasonable and violates the custody or visitation order more than once, the other parent may be able to take a step toward involving the courts and enforcing the order. 

NYC child custody lawyer Ryan Besinque and our team of attorneys have years of experience helping parents deal with contentious and complex child custody cases. We may be able to help you understand your rights and your responsibilities as well as what you should expect in child custody cases. Contact us today at (929) 251-4477 to schedule a consultation. 

Is It a Crime to Deny Another Parent Visitation or Parenting Time?

According to the Family Court, it is generally in the child’s best interest to have visitation with the noncustodial parent. Visitation must be regular and frequent for a parent and child to have a nurturing and meaningful relationship. The custodial parent’s job is to ensure that the child has significant contact with the non-custodial parent.

When a parent refuses to follow the custodial arrangement, they could face a charge of custodial interference in the second degree. A person can face custodial interference in the second degree if they take a child from their legal guardian and are the child’s other parent or relative. The child’s parent or relative may also face the same charge if they intend to keep the child away permanently without any legal right to do so.

The maximum sentence for this charge is one year in jail. Or, if a judge decides that probation is better, the probation period often lasts 3 years. 

It is important not to take matters into your own hands when facing a complicated divorce or a contentious child custody dispute with your ex. Speaking to an experienced child custody lawyer is crucial in ensuring that your rights as a parent are protected. Contact the Law Office of Ryan Besinque today to schedule a consultation with a top-rated child custody attorney in New York City. 

Stopping the Other Parent from Seeing the Child

A parent cannot stop their child from seeing the other parent unless the court has issued an order for it. The state would want to promote a healthy relationship between the parent and the child, whether the parents are on amicable terms after the divorce or not. In the US, stopping the other parent from seeing their child is commonly referred to as gatekeeping. There are two common types of gatekeeping: protective gatekeeping and restrictive gatekeeping. 

Protective Gatekeeping

Protective gatekeeping happens when one parent is concerned about the welfare of the child when they are in the custody of the other parent. Often, protective gatekeeping is grounded in facts. This could happen when the other parent has issues with substance abuse, anger management, or lacks parenting skills in general. 

Even if the custodial parent can justify that the noncustodial parent is not able to take care of the child’s best interests, they are still not allowed to stop the child from seeing them. Instead, it is recommended that they seek appropriate orders from the court about the matter or raise their concerns to the court. 

Restrictive Gatekeeping

Restrictive gatekeeping usually happens when one parent is not happy about the divorce and prevents the child from seeing the other parent unreasonably. In restrictive gatekeeping, the parent usually prevents the other parent from seeing the child as a means of revenge. Restrictive parents may make false accusations of neglect or abuse against the other parents.

Parents who are restrictive gatekeepers are not necessarily terrible parents. However, they often have little respect for the role of the other parent in their child’s life. They may not give much importance to the other parent’s family. 

A restrictive parent may engage in activities that can contribute to the disparagement of the other parent’s role. They may ensure that the child overhears the communication intended to belittle the other parent, or they may ask for unreasonable conditions to satisfy what they want. 

Gatekeeping parents are often not just bent on limiting contact between the child and the other parent. They are often intent on not allowing any relationship between the parent and the child. 

If a parent is refused visitation or parenting time with their child, it is important that they seek action right away. The sooner they take action, the sooner they will be able to spend time with their child again. If the parent who is denied visitation time does not do anything about the restrictive parent, this will empower the latter to continue their actions. 

Legal Options for Stopping Visitation

A court order may be sought by a parent to modify or restrict visitation if they believe their child is in imminent danger in the presence of the other parent. The process is usually done through the family court. The court order can be modified depending on the specific circumstances of the case.

Some of the options that parents have when dealing with these kinds of situations include: 

• Requesting a Restraining Order: A parent can apply for one that prevents another parent from having any contact with their child if there is clear evidence of abuse or threats.
• Requesting a modification to the custody order: A parent can seek a modification that reduces or alters the visitation schedule if the current custody order isn’t working properly or puts the child in harm’s way
• Filing a child protection service complaint: If a parent has concerns regarding the safety of their child during visitation. They can submit a child protective services complaint (CPS), to investigate the matter.

It is important to seek the help of an experienced child custody lawyer in New York if you would like to modify your child custody agreement. If you feel like the other parent poses harm to your child, always remember to take the appropriate steps rather than attempting to resolve the situation yourself.. 

Attorney Ryan Besinque is a top-rated child custody attorney who may be able to help you with your case. Contact us today to schedule a consultation. 

Common Reasons for Denying Visitation Rights

A custodial parent might want to deny the noncustodial parent visitation rights for their child for a variety of reasons. The following are some of the most common reasons a custodial parent might deny visitation rights to their child:

• different opinions or views on how to raise the child;
• alcohol or drug abuse; 
• accusations of child abuse, domestic violence, or sexual assault of minors;
• a noncustodial parent is behind on child support; 
• disapproval of the noncustodial parent’s new partner; and
• the child not wanting to spend time with the noncustodial parent.

As mentioned, it is illegal to deny visitation rights to a parent if there is no valid court order. Neglecting to comply with a court order regarding visitation can lead to serious consequences. Parents who need to modify the order must petition the court.

If a parent feels that their child is in imminent danger, they should take the first steps to deny visitation rights. This includes calling the police and alerting child support agencies. This is only recommended in cases of extreme emergency.

Enforcing a Child Custody Order

You can file an enforcement petition in Family Court if the other parent refuses to comply with a visitation or custody order. To protect your rights and interests, it is a good idea to speak with a family lawyer before you do this. You should be aware that the court will only do the right thing for the child’s best interests. You may not be able to get what you desire if you enforce a custody order on the other parent because you are trying to make them feel guilty. Before you go to court again, it is worth asking yourself whether or not you can negotiate with the co-parent.

After an enforcement petition is filed, the hearing will be held and the court will determine how to correct the situation. The judge is likely to do at least one of these things unless you wish to make your case a criminal matter:

• Modify your parenting plan to include changing who has legal or physical custody of the child
• Award you extra days for making up any lost time with your child
• Ask the other parent to pay your lawyer and court costs
• Charge the other parent with contempt of court

You may have many different options when it comes to enforcing child custody agreements. Without a court order, it may prove more difficult to enforce a custody agreement. Also, without a court order, the court will not be able to enforce a custody agreement unless the child is in imminent danger. If you believe that your child is in immediate danger, contact the police immediately.

Losing Custody After Denying Parent Time

It is possible to lose custody if a parent refuses to recognize the rights of another parent. Only the courts have the power to deny the other parent their visitation rights. The court will have to issue an order to deny the other parent their visitation rights. This can happen if the custodial parent provides a reasonable argument to stop the other parent from seeing the child. However, this process can take time and must go through the proper legal avenues. Custodial parents who refuse to appear in court or who move their child to another place without the knowledge of the non-custodial parent will likely lose custody. They could also lose their other parental rights.

It is important to keep in mind that preventing the other parent from seeing the child can end up being a criminal case. Thus, speaking to an experienced child custody lawyer and taking the appropriate steps to modify a custody arrangement is very important. 

Attorney Ryan Besinque is a top-rated NYC child custody attorney who may be able to help you with your case. He has dedicated his years of experience to helping parents deal with complex child custody cases. He may be able to help you face yours. Contact us today to schedule a consultation. 

Are Children Required to Follow New York’s Visitation Orders?

Divorce can be difficult for many couples. However, it’s not only the ex-spouses who are experiencing difficulties, but also their children. 

The most vulnerable people in divorce proceedings are often the children. They may not be able to grasp why things are changing. Many children believe they are powerless over the new circumstances and can act out against their parents’ decisions. Sometimes, children end up choosing one parent over the other, even though they love both their parents.

Children are required to follow custody orders. Most custody and visitation cases allow the judge to listen to the wishes of the child provided that they are old enough to reason. Although the preferences are taken into consideration, the judge will prioritize the best interests of the child, even if it is against the child’s wishes.

If the child refuses to adhere to the visitation order, the courts may decide on other avenues to ensure that the noncustodial parent is still able to spend time with their child. A child who is already at the “employable age” under New York law may be constructively emancipated if they refuse to have a relationship with their parent for no good reason. 

Speak to the Experienced New York City Child Custody Lawyer Ryan Besinque Today

In summary, stopping a child from seeing the other parent can be a difficult and emotionally charged situation. While parents have a legal right to maintain a relationship with their children, there are circumstances in which visitation may need to be restricted or modified. If you are facing a child custody dispute, it’s important to work with an experienced family law attorney who can help you navigate the legal process and protect your rights as a parent.

At The Law Office of Ryan Besinque, NYC child custody attorney Ryan Besinque and our team of divorce lawyers understand the importance of you being able to spend time with your child. Contact us today at (929) 251-4477 to schedule a free consultation. 

source https://www.besinquelaw.com/is-withholding-a-child-from-another-parent-allowed-in-new-york/

What Are The Different Types Of Child Custody In New York?

One of the biggest factors that need to be considered in a divorce case is the matter of child custody. Divorce can be an emotionally challenging time for the adults in the process of dissolving their marriage but it can be even more difficult if there are children involved.

When it comes to child custody, it’s important to always keep the best interest of the child at the forefront of the discussion. Working with an experienced New York child custody attorney who can help you understand your and your child’s rights in terms of child custody is beneficial. Ryan Besinque, a skilled New York family law attorney, may be able to assist you in guiding you through the process of seeking child custody and protecting your and your child’s best interests. Contact the Law Office of Ryan Besinque today at (929) 251-4477 to schedule a free consultation

Child Custody and Visitation in New York

As with most matters in a divorce, the concern of who gets child custody is easier to finalize when both parents can come to an agreement that suits them and their children. Even without the intervention of the court, parents are encouraged to discuss child custody and visitation and negotiate on the terms that work best for all parties involved. 

If the parties come to an agreement, its terms would be documented in a legal contract. The child custody agreement is legally binding and enforceable, meaning that the parents will be accountable for adhering to the agreement’s terms.

If a mutual agreement cannot be reached, the court will decide on child custody. Most courts will aim to judge equitably however, the most crucial standard to consider would be what arrangement benefits the child the most. If the court determines that the terms of the agreement settled upon by the parents are not in the child’s best interest, it may still judge according to what it deems to be most beneficial to the child based on precedence. 

In New York, the court aims to provide the least amount of disruption and keep the child’s life as consistent as possible. The law also recognizes that each family’s case is unique and will carefully consider the family’s individual circumstances when deciding on child custody. 

Types of Child Custody in New York

New York law breaks down child custody into two types:

• Physical custody – Physical custody determines whose parent’s home the child will live and spend most of their time in.
• Legal custody – Legal custody refers to the responsibility of making major decisions concerning the child’s well-being including but not limited to healthcare, religion, education, etc. 

Custody can be broken down further into the following:

• Joint custody –  Parents share legal or physical custody of the child. 
• Sole custody – Only one parent is given legal or physical custody

There can be many different arrangements of custody depending on the circumstances of the custody agreement. 

Physical Custody

Physical custody can either be agreed upon by the parents or awarded by the court. 

When physical custody is jointly shared, the child can spend time in either parent’s household as decided by the terms of the child custody agreement. While it may be difficult to attain an exactly 50/50 split, the parents can be expected to work together and determine a schedule that is convenient for both of them that also takes into consideration the child’s schedule.

If the divorce is contentious, the court may award sole physical custody to a parent. In this case, one parent is awarded primary custody of the child and the other parent will be allotted visitation rights or parenting time based on a predetermined schedule. If there are concerns for the child’s welfare and the court determines that there is a safety risk in allowing the noncustodial parent visitation rights, it may remove the noncustodial parent’s parenting time altogether or order supervised visitation.

Legal Custody

Parents who are able to successfully cooperate when deciding on the major decisions regarding their child’s upbringing despite having been divorced may be given the continued opportunity to share this responsibility over their child. However, if the parents cannot agree, sole legal custody may be awarded by the court to a parent. This means that the custodial parent will have sole decision-making authority on the major aspects of the child’s life until the child turns 18.

How Does the Court Decide Child Custody?

The court does not automatically decide on a child custody case. First, it should be established whether the court has jurisdiction over the case. The court can only have authority on a child custody case if:

• The child is less than six months old and has lived in New York for their entire life
• The child has lived in New York for at least the past six months and there is no existing child custody order from another state
• The child’s previous child custody order was decided in New York
• The child is residing in New York after an emergency in their home state

Without an existing custody order, it is assumed that both parents will share custody. If a parent requests sole custody, the court will carefully consider each parent’s lifestyle, ability to care for the child, and stability. It will also consider the following circumstances:

• Whether a parent has a history of alcohol or drug abuse
• The parent’s employment and income
• Any history of violence in the household
• Whether the parent’s home is stable
• How much time a parent spends with the child
• Any relationships between the child and extended family

In some cases, the court will also consider the child’s preferences, depending on whether the child has made them through their assigned Attorney for the Child. Older children’s preferences may be given more weight but until the child is 18, the final decision when it comes to custody is still decided by the court.

If the parents do not agree on the terms of the custody order or there have been significant changes to the circumstances since the custody order was served, either parent can file a petition for modification. Unless they can substantiate the changes and provide evidence, the court is not likely to change its decision regarding the custody order. 

The matter of your child’s custody shouldn’t be left up to chance. You have the opportunity and the right to present your side of the case. Whether in a negotiation of a child custody agreement with your spouse or representing your rights in court, consulting with an experienced New York child custody lawyer is crucial.

Top-rated New York child custody attorney Ryan Besinque provides quality legal counsel and representation in child custody cases and other family law matters. At the Law Office of Ryan Besinque, we diligently work towards the goal of arriving at an agreement that prioritizes the child’s best interest. Call us today at (929) 251-4477 or fill out our online form to schedule a free consultation.

source https://www.besinquelaw.com/what-are-the-different-types-of-child-custody-in-new-york/

Can I Open My Spouse’s Mail During Divorce in New York?

Going through a divorce can be a highly-charged and emotional situation. Especially in fault or contested divorces, the communication between spouses has likely deteriorated and efforts toward cooperation can already be tenuous.

Getting the help of an experienced New York City divorce attorney can be beneficial, especially if you are in a contentious divorce. Ryan Besinque, a top-rated Manhattan divorce attorney, has represented the rights of many individuals in both contested and uncontested divorce cases in New York. The Law Offices of Ryan Besinque is a Manhattan firm dedicated to providing quality legal counsel and representation in matters of divorce and family law. Call us today at (929) 251-4477 to schedule a free consultation.

Opening your Spouse’s Mail During a New York Divorce

When you are going through a difficult divorce, it’s understandable to want to gain an edge especially if you feel like you have been taken advantage of by your spouse. Perhaps you have an inkling or a suspicion that your spouse has been doing something unsavory. The temptation to investigate your spouse’s mail or email to look for evidence of such wrongdoing can be strong and you may have a distinct impression that the information you get can be used in your favor during the divorce proceedings.

However, it is important to remember that just as you have legal rights that need to be protected, your spouse is also afforded the same rights under the law. Invasive actions such as tampering with your spouse’s mail or logging into their email account without their knowledge can have serious consequences, legal or otherwise.

Risk of Lawsuits

Opening mail that is not directly or jointly addressed to you is considered punishable by federal law. Under 18 U.S. Code § 1702, opening another person’s mail with the intent to pry into their business is punishable with a fine or up to a five-year prison sentence. Without your spouse’s explicit consent, you should not open communications such as their mail. Charges of Obstruction of Correspondence may be filed against you, depending on how you intercepted and stored the mail.

Gaining unauthorized access to your spouse’s email, or other social media accounts and changing the password to lock them out of their account can also result in criminal charges. You may face felony charges under the Wiretap Act of the Electronic Communications Privacy Act of 1986 or under the New York laws for Unauthorized use of a computer (N.Y. Penal Law § 156.05) or other related cybercrime charges.

Information Discovery and Illegal Evidence

Spouses often intercept their partner’s mail to use as evidence to gain an advantage in divorce proceedings. However, there is already a legal avenue that allows you access to this information. After your divorce claim has been filed with the court, you and your Manhattan divorce attorney can initiate the discovery process. 

Discovery is the pre-trial official process of collecting information pertaining to your case. As part of the litigation process, you can petition the court for access to information that may be helpful to your case. This may be helpful in getting your spouse’s financial information to determine whether you can petition for alimony, learning about any hidden assets they may have that you are entitled to, and obtaining a subpoena for their calls and text logs, if necessary.  

Obtaining the legal documents for you to gain the information you desire may take some time and you might be tempted to take matters into your own hands. Still, even if you do get incriminating information about your spouse through opening their mail, the court may not admit evidence obtained illegally in your divorce case. It is important to seek a qualified attorney’s advice and refrain from doing anything that can jeopardize your case.

Overall Impact on the Tone of the Divorce Case

The first few days and weeks after the decision to get a divorce can be the most crucial to setting the tone of the divorce. Having feelings of resentment towards your spouse and fear about the changes the divorce would bring to your life is understandable. However, trying to get control over this uncertainty by invading your spouse’s privacy can further drive a wedge into your already troubled relationship.

Divorce cases can take a long time to conclude, despite the court’s intervention in a contested divorce. There are also other aspects of divorce, like child custody and visitation, child support, as well as co-parenting any child you might share that would benefit from your and your spouse’s cooperation. While you may be operating in the interest of protecting your and your children’s best interests, it is still beneficial to look toward the bigger picture and avoid any actions that may put the possibility of a better, friendlier outcome at risk. 

Getting the Help of a Top-Rated Manhattan Divorce Attorney

Working with a New York divorce attorney who is knowledgeable about the law and can offer experienced and compassionate advice can make a huge difference in the result of your case. Ryan Besinque, a skilled Manhattan divorce attorney, may be able to walk you through the process of your divorce.  

Our qualified attorneys at the Law Office of Ryan Besinque understand how overwhelming divorce proceedings can be. We provide quality legal services and diligently work toward a resolution that serves our client’s best interests. Contact us today at (929) 251 4477 to speak with an experienced Manhattan divorce attorney and to schedule a free consultation regarding your case.

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How Long Does an Uncontested Divorce Take?

There is a common misconception that all divorce cases involve contention and litigation. The dominant perception of divorce is that couples go into divorce when all attempts to repair the relationship have failed. In the media, this is either shown as outright hostility between the spouses or a perpetual cold shoulder. However, in New York, statistics show that almost 80% of divorce actions filed in the state in 2019 are uncontested. This percentage of uncontested and contested divorce cases in New York has not changed for the past 10 years. This shows that divorce cases in New York are largely resolved with minimal intervention from the court.

One of the significant advantages of getting an uncontested divorce is the fact that, on average, they take less time to finalize than contested divorces. A contested divorce can take anywhere from 9 months to years before a judgment of divorce can be signed. Depending on the circumstances and the grounds of the divorce, extensive litigation may be necessary. In an uncontested divorce case, this timeframe is significantly decreased.

When spouses can cooperate and agree on the terms of their divorce, the process can proceed more smoothly. In most uncontested divorce actions, the extent of the involvement of the court can solely be to ask a judge to approve the spouses’ settlement agreement and to sign the Judgment of Divorce. This can take, at the minimum, three months to finalize. 

What Are the Factors That Can Affect How Long an Uncontested Divorce Takes?

As mentioned, the circumstances of the divorce can have a significant impact on how long an uncontested divorce can take. Prior mediation and Alternative Dispute Resolution methods would also help to finalize the divorce faster and a couple can enter mediation either before or after the divorce is filed. The time being discussed in this context is from when the divorce action was initiated until the judge signs the Judgment of Divorce.

Court Backlog

New York Courts have a lot of backlog in caseloads and very few judges to go through each case. Upon filing your divorce, the court will review each of the documents you submit to make sure that everything is in order before the case can proceed. Mistakes and corrections are also costly as you will need to refile your documents. Getting the help of an experienced New York divorce attorney to help prepare and file your documents can be instrumental in making the process more efficient.

January is considered the most popular time to file for a divorce, earning it the nickname “divorce month”. This is primarily due to economic and sentimental reasons. Some people file for their divorce in January to prepare for the next tax year while some do it as an attempt for a fresh start in the new year. Filing your divorce in January will let you avoid conflicts during the holidays, especially if there are children involved.

In any case, the timing of when you file is an important factor to consider as filing your divorce in a “popular” month can have an adverse effect. Especially on the caseload, the courts have to deal with before getting to yours.

Defendant’s Response

After being served a copy of the divorce papers, the Defendant – or the husband or wife of the spouse filing for the divorce – will have 20 days to respond to the case if they live in New York State. They will receive another 10 days’ allowance if they live outside New York. In an ideal uncontested divorce scenario, the Defendant would respond as soon as they are served. However, the Defendant can also do nothing and expend the whole of the 20, or 30, days. This is called a default divorce due to the Defendant’s failure to file an Answer to the divorce action.

Settlement Agreement

Creating a Settlement Agreement is a major part of an uncontested divorce. The Settlement Agreement lays out the terms of your divorce. Once the divorce is finalized, your agreement will become legally binding.

While it may be filed after the divorce has been initiated, the Settlement Agreement can be the balance between the divorce remaining uncontested or having it turn into a contentious one. Here are the factors that you and your spouse need to consider when creating your Settlement Agreement:

• Asset and Debt Distribution – New York is an equitable distribution state which means that, if the court would be determining the distribution, the default would be a 50/50 split. When working on a Settlement Agreement, you and your spouse should consider what works best for both parties. Considering the earning capacity and the financial resources of each spouse and which asset would go to whom would be beneficial in resolving the matter with minimal conflict. The complexity of your assets may also factor in the time it takes to come to an agreement. Understanding your legal obligations to your spouse is crucial to make sure your property is valued and divided equitably.
• Child Custody and Child Support – Any divorce case which involves minor children is automatically more complex than those without. If you and your spouse are friendly with each other, you may be able to determine a visitation schedule and parenting agreement that allows you both to maintain a fruitful relationship with your child/ren. This should include discussions about payment for the child/ren’s healthcare, insurance, education, etc. You may also include in the agreement if and how much you or your spouse will provide child support to one another. The most important thing you must keep in mind is the best interest of the child/ren and how they can have the least disturbance in their current situation even as you and your spouse go your separate ways. 
• Spousal Support – If one spouse is financially dependent or earns substantially less than the other, it may be prudent to discuss furnishing spousal support or alimony. The court may require both of you to share financial disclosures to make sure that you are transparent about your financial situation.

Even if you and your spouse can agree on the major aspects of your divorce and your Settlement Agreement, it will still be beneficial to have an experienced New York family law attorney who can help mediate the settlement. You can also hire a skilled New York divorce attorney to make sure that your rights are protected while negotiating the terms of your divorce.

Getting the Help of an Experienced Uncontested Divorce Attorney

At The Law Office of Ryan Besinque, we can help you negotiate the trickier parts of the terms of your divorce without sacrificing cooperative communication. Ryan Besinque, a top-rated New York uncontested divorce attorney, may be able to help walk you and your spouse through the process of coming to an amicable settlement. With his extensive experience, Ryan has used collaborative approaches to assist many families in New York in divorce and family law cases.

No one wants a long and dragged-out divorce. Our experienced New York uncontested divorce attorneys at The Law Office of Ryan Besinque may be able to help you make the process more efficient and reduce the emotional and financial impact it may have on you and your family. To schedule a free consultation, call us today at (929) 251-4477 or fill out our online form.

source https://www.besinquelaw.com/how-long-does-an-uncontested-divorce-take/

Do I Have To Go To Court for an Uncontested Divorce?

New York State offers two kinds of divorce: uncontested and contested. In the case where a couple disagrees on any aspect of the divorce, it is called a contested divorce. There are many key issues that could be up for debate in a contested divorce. After a trial, the Court will make the final determination in a contested divorcement. You must be present in court if your divorce case is litigated.

An Uncontested Divorce is exactly what it sounds like. Both parties are able to agree to the terms of the divorce. They also agree on how they will divide their assets and agree on issues such as visitation and child custody. 

Uncontested divorce refers to a divorce in which couples are able to agree on the terms of key divorce issues such as child custody, child support, and division of property. These issues are already settled, therefore, no court proceedings are necessary. The judge may sign off on these terms and issue the final divorce decree. The court can also declare the divorce final if one party fails to appear at the hearing.

It is highly unlikely that the couple will be asked to appear before the court in an uncontested divorce. However, if you and your spouse are unable to settle on any of the terms in the agreement, divorce will now be considered contested. The case will be taken to court in the case of a contested divorce.

The Law Office of Ryan Besinque has helped many families and individuals throughout New York City. Uncontested divorce lawyer Ryan Besinque and our team of divorce attorneys can help you if you have concerns regarding an uncontested divorce case. Call us today to schedule a consultation. 

The Process for Uncontested Divorce in New York

With the help of a divorce attorney, once you and your spouse have reached a satisfactory settlement or agreement, you can proceed with an uncontested divorce. Your attorney will file your paperwork with the County Clerk’s office.  This paperwork may include the settlement agreement as well as plans for continued healthcare coverage. All paperwork must include an index number (purchased fro county clerk’s office).

The next step after the divorce is filed is to serve the spouse in writing, this will also be arranged by your attorney.  Assuming that the divorce is uncontested, the papers should be served without any problems. However, the basic steps must be followed. This includes the formal delivery of divorce papers. The service must take place within 120 days from the date the divorce paperwork was filed with the court. Additionally, an independent party must sign an affidavit attesting that service was performed in compliance with New York law.

After receiving the paperwork, the spouse will sign an acknowledgment of consent to divorce. This is the case in an uncontested divorce. You have the option of your spouse contesting the divorce or not answering. Failure to respond within 20 days will result in the divorce proceeding moving forward.

Once the divorce proceeds, the date is added to the judge’s calendar. This requires a lot of paperwork, which must be submitted and notarized. Having a skilled uncontested divorce attorney to assist you is important even if the divorce is uncontested.

In an uncontested divorce, the only matter that the judge will decide is the fairness of the final agreement. The judge will also have to make sure that the divorce is really an uncontested divorce and was not done with coercion.  After the judgment has been rendered, all paperwork must be signed. Your lawyer will file the Judgement of Divorce with your County Clerk. The final divorce order must be served to the other spouse by the party who initiated the divorce process

Getting Experienced Legal Guidance From a Skilled Uncontested Divorce Lawyer

Navigating a divorce is never easy. It is often difficult and emotionally draining. However, hiring an experienced attorney to represent you may help ensure that your financial and emotional well-being and the well-being of your loved ones are protected.

Our skilled New York uncontested divorce attorneys at the Law Office of Ryan Besinque have helped hundreds of people just like you. Our goal is to make sure you are heard and protected. We will work hard for your best possible outcome. To schedule a consultation, contact us online or by calling (929) 251-4477.

source https://www.besinquelaw.com/do-i-have-to-go-to-court-for-an-uncontested-divorce/