Buffalo Divorce Lawyer

A Skilled and Compassionate Divorce Attorney

As recently as 2008, the state of New York saw almost 53,000 divorces, with over 10,000 involving two or more minor children. The process of ending a marriage is emotionally charged and stressful for both spouses and their children. This is not the time to seek divorce advice from friends and family. Anyone facing divorce in Buffalo needs an attorney with extensive experience in this area of the law. With over three decades of experience, the Buffalo divorce law firm of Randy H. Gugino is dedicated to proving skilled legal support as we compassionately guide clients through a difficult time.

Types of divorce

There are two basic types of divorce:

• Uncontested. Divorce is not always a major legal battle—in many cases, couples can find many areas of agreement, including how to divide the property and how to develop an equitable child custody and visitation arrangement that recognizes the best interests of the children are of primary importance. Uncontested divorce allows couples to negotiate the terms of their own divorce—often with the help of their divorce lawyers and a mediator, or possibly through a highly structured collaborative divorce process.
• Contested. Some couples are unable to agree on some or all issues. In extreme cases, they may not even agree on whether divorce is the best solution. A contested divorce is when divorce decisions are left in the hands of the court through a trial.

These two types of divorce can be mixed—couples negotiate some terms, and when they cannot agree on one or more issues, the court makes the final decisions.

Understanding the basics of New York divorce law

To provide effective support for their clients, Buffalo divorce attorneys must be up-to-date on all laws and the requirements of local divorce law. The following are just a few considerations:

• Residency requirements. State divorce law imposes a complex set of residency requirements that must be met before divorce can be granted—from having a New York marriage ceremony while at least one spouse resided in the state for one continuous year, to married couples living in the state with one spouse being a resident for one year. A number of different variations meet the state residency requirements.
• Grounds for divorce. In October 2010, New York became the last state in the nation to enact no-fault divorce, defining it as an irretrievable breakdown of a marriage for at least six months—and only granting a no-fault divorce after all financial issues and decisions regarding the children are settled.
• Settlement issues. When the courts determine a divorce settlement, they consider a complex set of factors. Division of property is decided based on rules for equitable distribution, which is not necessarily the same as equal distribution. And when it comes to deciding child custody, support, and visitation issues, the court take an in-depth look at everything from a history of relationships within the family to the preferences of children. The best interests of the children are the primary concern.

Contact us for a free consultation

It costs nothing to schedule an initial meeting to learn your legal options. To talk to a divorce lawyer in Buffalo, call the Law Offices of Randy H. Gugino today at 716.803.8715 or contact us online.