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Kahn and Richardson - Divorce Attorneys serving Niskayuna, NY

The Law Firm of Kahn and Richardson is committed to helping clients who are going through trying times. Divorces can bring about many changes and challenges that can be permanently disastrous if they are not handled properly. As your legal counsel, we advise our clients about their legal rights and responsibilities and the multitude of issues that will arise and require resolution during the course of the lawsuit. If we sound like the right fit for you, please contact us for a free evaluation. We are a resource for people needing divorce attorneys in the Niskayuna, NY area.

About Divorces in New York State

Divorce actions in New York State 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. A divorce 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, consisting of conduct that so endangers the physical or mental well-being of the complaining party as renders it unsafe or improper for that party to continue to cohabit with his or her spouse.
  • Abandonment of the complaining party by his or her spouse for a period of one or more years
  • Confinement of one spouse in prison for a period of three or more consecutive years after the marriage; and
  • Commission of an act of adultery

About No-Fault grounds

These grounds for divorce do not require the complaining party to prove any 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 of the judgment.
  • The husband and wife have lived apart pursuant to a written Agreement of Separation for one or more years, provided the Agreement is signed with certain legal formalities and 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 New York State 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. No defenses are available 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, custodial rights, and spousal and child support. Contested divorces can be very stressful for the entire family. Our attorneys encourage clients to work with us to resolve all of these issues in a pragmatic manner that is also cost effective.

Get Help From a Practical, Compassionate, and Experienced Law Firm

If you’ve been looking for divorce attorneys in Niskayuna, NY or any of the surrounding cities, you should consider having Kahn and Richardson as your advocates. You’re going to want people who have expertise and years of experience on your side, and that’s exactly what we have to offer. Get started by signing up for a free evaluation.

If you are a Niskayuna, NY resident and have the need to attend court for divorce you will be going to Supreme Court in Schenectady, NY. For more information about the Schenectady courts please visit here.

In the event that the divorce is uncontested and both parties agree to a marital settlement, the legal documentation may be filed with the court for judgement to be sent to you through the mail.

612 State Street

Schenectady, NY 12305

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

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