Divorce


Contested vs. Uncontested Divorce

Matrimonial law problems can take a significant emotional and financial toll. Having an experienced attorney on your side can make the process much easier to bear. At The Law Firm of Poppe & Associates, PLLC, we are strongly focused on matrimonial law and family law and have a proven record of success obtaining results for our clients. Our matrimonial attorneys will work to help you achieve the most favorable, cost-effective outcome possible (switch to black).

Divorce is an emotionally trying ordeal that forces us to make many difficult decisions. If you are going through a divorce, you may wonder how you can make the right decisions for you and your children. An experienced divorce lawyer can make all the difference.

At The Law Firm of Poppe & Associates, PLLC, our divorce attorneys will work with you personally to help you understand your rights and options. We will give you the information you need to make sound, informed decisions about your divorce and your future.

Contact us today online or by telephone at 212-792-9501 to arrange a free initial consultation with an experienced New York contested divorce attorney.

Contested Divorce

A divorce is contested when either party does not agree to the grounds of divorce or to the terms of the divorce. In a contested divorce, parties engage in negotiations to reach settlements in such matters as property division, child custody, and maintenance (alimony). If the divorcing spouses cannot come to agreement (settlement), it is necessary to bring the matter before the court, where a judge will decide for them.

Uncontested Divorce

When divorcing couples are in agreement over the terms of a divorce, they can submit the appropriate documents to the court for approval. Even though an uncontested divorce is simpler than a contested divorce, it is still important that the legal steps be handled with care and attention to detail. A misstep could prove very costly in the future.

High Net Worth Divorce

At The Law Firm of Poppe & Associates, PLLC, our attorneys have significant experience handling high net worth divorces for clients throughout the New York City metropolitan area, which includes: New York County, Kings County, Bronx County, Queens County, and Westchester County. We don’t believe that divorce should be a seven figure undertaking, which is not uncommon in the New York City area. Regardless of the net worth of our clients, we believe that they have worked hard to earn their money and as such, should not spend a significant portion of their wealth in obtaining divorces.

At the Firm, we see our high net worth clients as people who need our help, not merely as a “net gain or net profit amount”. We never evaluate new cases on the anticipated “monetary value” of the case, rather we evaluate our cases on the anticipated outcomes we can garner for the prospective client. We offer creative, results-driven divorce representation, focused on preserving our clients’ assets, and preparing them for a prosperous, post-divorce future.

High-Asset Divorce Solutions

In high-asset / high net worth divorces, it is critical that issues involving property distribution, equitable distribution, and maintenance are handled with attention to detail, coupled with deep financial acumen. Our matrimonial lawyers have the requisite financial acumen, and the experience to assist clients with a broad range of financial issues that arises in high net worth divorces.

Managing partner, Mia Poppe, Esq., previously a senior level manager in the financial sector understands the nuances on statements of net worth, balance sheets, profit and loss statements, and business valuations.

The Firm works with a team of highly qualified professionals including: forensic accountants, divorce coaches, trust and estate attorneys, divorce financial planners, private investigators, child therapists, and general practice therapists. As needed, we refer our high net worth clients to our trusted network of professionals. Additionally, we work with private investigators that are experienced in locating and identifying assets that are out of the country.

We address the full spectrum of issues that arise in high net worth divorces, including, but not limited to:

  • Retirement assets (pensions, 401(k)s, IRAs)
  • Real estate holdings
  • Valuation and division of business assets
  • International assets
  • Corporate assets and entities
  • Preparation of statements of net worth
  • Forensic Accounting / Lifestyle analysis

The Law Firm of Poppe & Associates, PLLC, we have significant experience handling high net worth divorces for clients in New York County, Kings County, Bronx County, Queens County, and Westchester County.

Contact us today online or by telephone at 212-792-9501 to arrange a free initial consultation with a New York City attorney experienced in high net worth divorces.

Alimony / Spousal Maintenance

In many divorces, one party is ordered to pay spousal maintenance (also known as alimony or spousal support) to the other. If you are facing a divorce and have questions about spousal maintenance, the attorneys at the The Law Firm of Poppe & Associates, PLLC, are able to offer advice and provide advocacy on your behalf. We have extensive experience handling spousal maintenance and other collateral divorce issues for clients in New York County, Kings County, Bronx County, Queens County, and Westchester County.

Spousal Maintenance/Alimony

In New York, there are two types of of spousal maintenance/alimony: Pendente Lite Maintenance and Durational Maintenance.

Pendente Lite Maintenance: Pendente Lite Maintenance (Temporary Maintenance) is paid during the pendency of the divorce up until a judgment of divorce.

Permanent Maintenance: Permanent maintenance is a type of durational maintenance where the term, or duration, is not necessarily a fixed period of time, but rather it’s terminated upon the happening of some event such as: the remarriage of the spouse who is receiving permanent maintenance or the death of the spouse who paying permanent maintenance

Rehabilitative Maintenance: Temporary alimony that is designed to offer the non monied spouse financial support while he or she re-transitions into the workforce.

Restitutional Maintenance: Temporary support that is intended to make up for one spouse supporting the other while he or she was obtaining education or job training.

In determining spousal maintenance, the courts take a number of factors into consideration, including:

  • The length of the marriage
  • The conduct of the spouses during the marriage
  • The income and earning potential of each spouse
  • The age and health of each spouse
  • The assets and debts of each spouse

It is important to understand that Pendente lite maintenance (Temporary Maintenance) is determined by 13 factors while Durational or Permanent maintenance is determined by 15 factors. For more on these factors please see DRL 236(B).

Whether you are seeking maintenance or your ex-spouse is seeking it from you, it is important to consult with an experienced spousal maintenance attorney. Our lawyers are experienced in these matters and can protect your rights and interests.

Contact us today online or by telephone at 212-792-9501 to arrange a free initial consultation with a New York City attorney experienced in division of property.

Fault vs. No Fault Divorce

As of 2010, divorcing couples in New York can now seek a no-fault divorce in addition to a fault based divorce. In general terms, a fault based divorce is when one party is inherently blaming the other for causing the demise of the marriage. A no-fault based divorce occurs when one party swears in his or her papers or upon judicial inquest that the marriage has been irretrievably broken for a period of six months or more. For more information see New York’s Domestic Relations Law, section 170(7). Any suggestion of blame is absent from the grounds asserted, the irretrievable breakdown of the marriage.

Whether you are going through a fault or no-fault based divorce, it is important to have an experienced attorney on your side. At the The Law Firm of Poppe & Associates, PLLC, we have extensive experience handling divorces for clients throughout New York City. We can help you pursue the best possible outcome in your Fault/No-Fault Divorce.

Contact us today online or by telephone at 212-792-9501 to arrange a free initial consultation with an experienced New York City divorce attorney.

Grounds for Divorce in New York

Until 2010, the grounds for divorce in New York were as follows:

  • Cruel and inhuman treatment
  • Abandonment for a continuous period of one year or more
  • Imprisonment for more than three years subsequent to the marriage
  • Adultery
  • Conversion of a separation judgment
  • Conversion of a written and acknowledged separation agreement after living separate and apart for more than one year

In October of 2010, the following additional ground for divorce was added, effectively making no-fault divorce legal in New York:

  • Irretrievable breakdown

For irretrievable breakdown ground to apply, the relationship between you and your spouse has to have broken down irretrievably for at least six months.

Remember that in order for your divorce to become final, even if it is a no-fault divorce, you must come to agreement with your divorcing spouse on property division, child custody, child support and other legal matters. Once this has been achieved, a judge can sign your final divorce decree.

Contact us today online or by telephone at 212-792-9501 to arrange a free initial consultation with an experienced New York City divorce attorney.

Gray Divorce

Gray divorce (also known as Grey divorce) has emerged as a niche phenomenon in matrimonial law as baby boomers age and as people over 50 are seeking divorce after years of marriage. According to a study conducted by the National Center for Family & Marriage Research at Bowling Green State University, the divorce rate among people aged 50 and over has doubled over the last 20 years.

At The Law Firm of Poppe & Associates, PLLC, we understand the unique challenges facing people, are facing the life transition of divorce as more mature adults. Managing Partner, Mia Poppe, Esq., herself a baby boomer understands the subtle and substantial differences facing more mature divorcees. Mia Poppe, Esq. and our experienced team can guide you through all aspects of your gray divorce, helping you prepare for a financially stable, post-divorce future.

Financial Issues in Grey Divorce

Three of the most challenging aspects of many Gray (or Grey) divorces are: (1) dividing a retirement nest egg that was meant to support one household, and using that retirement nest egg to support two households, (2) diminished pre-retirement timeline (spouses in a gray divorce generally don’t have 30 years to rebuild a retirement nest egg, and (3) limited capacity to generate income, in that, often one spouse has spent substantial time out of the work force and simply does not possess current technological skills required in today’s workforce. In regards to the third challenge, obtaining education, and job skills to reenter the workforce is more difficult after 50. It is common for the Firm to work with a team of professionals to assess and later present the unique financial impacts of gray divorce.

Whether you were the primary wage earner during your marriage, or contributed to the household in other ways, our attorneys will work to ensure you are able to retire and remain or become self supporting during your retirement.

Contact us today online or by telephone at 212-792-9501 to arrange a free initial consultation with an experienced New York City divorce attorney.