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Kahn and Richardson – Divorce Attorneys serving Loudonville, NY

Kahn and Richardson is a law firm that is dedicated to helping clients across the Capital Region who are going through a divorce. As your legal guides we promise to provide you with expertise, hard work, diligence, and a positive perspective. If we sound like the right fit for you, don’t hesitate to contact us for a free evaluation.

About Divorces in New York State

Divorce Actions in the state of New York are heard and decided by the New York State Supreme Court. The legal grounds (or reasons) for a divorce are part of the New York State Domestic Relations Law. Divorces can be granted on either fault or no fault grounds.

About Fault Grounds

A spouse must prove certain facts to the court to obtain a divorce on one of the fault grounds.

They Are:

  • Cruel and inhuman treatment is a ground for divorce and refers to conduct that endangers the physical or mental well-being of a complaining party as renders it unsafe or improper for that party to continue to cohabitate with his or her spouse.
  • Abandonment of the complaining party by his or her spouse. This must have lasted one or more years.
  • One spouse is confined to prison for a period of three or more consecutive years after the marriage; and
  • The commission of an act of adultery.

About No-Fault Grounds

These grounds for divorce do not require the complaining party to prove misconduct by his or her spouse.

They Are:

  • The husband and wife have lived apart pursuant to a judgment of separation for one or more years after the judgment was granted, and the person seeking the divorce proves his or her substantial performance of the terms and conditions of the judgment.
  • The husband and wife have lived apart pursuant to a written Agreement of Separation for one year or more, provided the Agreement is signed with certain legal formalities and is filed in the Office of the Clerk of the County where either the husband or wife resides. The person seeking the divorce must prove his or her substantial performance of the terms of the agreement.
  • The relationship between the husband and wife has broken down irretrievably for a period of at least six months. This no fault ground for divorce, which has been available in the State of New York since October 2010, requires only that the husband or wife state under oath that the marriage has broken down irretrievably for a period of at least six months. There are no available defenses to the other spouse to prevent a divorce on that ground.

About Contested Divorces

The issues that are most often contested in divorce actions are property division, spousal and child support, and custodial rights.

These kinds of divorces can be very stressful for an entire family. The attorneys of our firm recommend that clients work with them to resolve these issues in a way that is pragmatic and ultimately cost-effective way.

Our Experienced and Compassionate Firm is Here to Help

We can help you navigate the difficult waters of a divorce with more peace of mind. You can get started by signing up for a free evaluation.

Not all divorce cases will require a settlement to be decided in court, in some cases where the divorce is uncontested and both spouses agree to a marital settlement, the legal documents can be filed with the court for a judgement to be issued through the mail.

If you are getting a divorce in Loudonville, NY and have to attend court, you will be going to the Supreme Court in Albany, NY. For more information about the Albany Courts please visit here.

16 Eagle Street
Albany, NY 12207

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Practice Areas
  • Divorce
  • Separation Agreements
  • Custody & Visitation
  • Property Division
  • Spousal Maintenance
  • Child Support
  • Prenuptial Agreements

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