It's Not About Winners and Losers:
Real Solutions for Your New York Divorce
Amherst/Williamsville/Clarence • Greater Buffalo and Erie County
When you've been cheated on or mistreated, it's hard to set emotions aside. It's hard to be reasonable. It's hard to consider the future impact of your decisions today.
With compassion and the insight of 19 years of practicing divorce law, I help clients see the long-term wisdom of an out-of-court solution. Hashing out a divorce agreement avoids the expense, tension and animosity of litigation - and it's better than what a judge will impose.
I am a solo attorney in Williamsville, New York, serving clients in Amherst, Clarence and the Greater Buffalo area. I don't consider divorce as a contest with a "winner." I approach it as a problem in need of solutions. I strive for a fair and practical arrangement regarding:
- Division of property and debts
- Custody and visitation
- Child support, spousal support and college expenses
I also have extensive experience with military divorces.
Marriage Dissolution in New York
Separation (Uncontested Divorce)
A common misconception is that you are automatically divorced if you have lived apart for one year. This is only true if you had a formal separation agreement (agreed upon or approved by a judge) and then get a conversion divorce. In general, I discourage clients from legal separation - my philosophy is to just get the divorce and not drag out a painful process.
Fault-Based Divorce (Contested Divorce)
Other states allow two people to dissolve a marriage for any reason ("irreconcilable differences" or "irretrievable breakdown"). The state of New York allows only certain grounds for a divorce: adultery, abandonment, imprisonment, or cruel and inhuman treatment.
The vast majority of contested divorces are filed for "cruel and inhuman treatment." While it sounds like you're accusing your spouse of brutal torture, it simply means that continuing to live with that person is a danger to your physical or mental well-being.
- Most courts require little proof of "cruel and inhuman treatment," as long as the divorce agreement is fair and reasonable.
- Fault is not tied to property division or custody. There's no advantage in being the "victim."
The Divorce Agreement
Long after divorce, the property settlement and separation agreement govern all financial and custody issues. My role is to help clients identify what is most important to them and what is negotiable, then to work out the specifics of the contract in the most expedient way.
If you are out to "win" or punish your spouse through a divorce action, then I may not be the right lawyer for you. Of course, if you enter negotiations in the spirit of cooperation and your spouse is being unreasonable or vindictive, I will fiercely protect your interests in court.
Contact the law office of Keith B. Schulefand, Esq., at 716-568-4453 to arrange a free, discreet consultation.
