Home: Matrimonial & Divorce

Matrimonial

About Us

The Law Offices of Alice K. Berke, P. C. has a great deal of experience in divorce law.

Uncontested Divorce / Separation

New York State still does not have a no-fault divorce or irreconcilable differences provision. In this state, you are still required to prove fault against your spouse to get a divorce, even an uncontested one. Fault consists of grounds such as cruel and inhuman treatment, adultery, abandonment, imprisonment, constructive abandonment (refusal of sexual intercourse), and living separate and apart pursuant to a separation agreement for one year.

What we can do...

1. We can sue your spouse using a ground, like cruel and inhuman treatment, and your spouse may agree in advance that he or she will not answer the complaint, thus allowing a default judgment to be entered. The grounds and matters of equitable distribution are negotiated by the parties either amicably or through their attorneys. Uncontested divorces do not need the Court to settle financial issues or grounds and generally proceed more quickly through the system and conserve your financial resources. Your agreement is memorialized in writing.

2. We can have you sign a separation agreement that is prepared based upon your understanding with your spouse and you may then live separate and apart for one year pursuant thereto. The parties cannot reconcile during this separation with the intent of resuming their martial relationship and void the agreement. As long as you have substantially complied with the terms of the agreement for one year, either of you will have a valid ground for divorce. This is sometimes referred to as a conversion divorce.

Contested Divorce

Contested divorce occurs where the parties cannot agree to the terms of the divorce, such as division of assets, allocation of debts, maintenance, child custody and support or about getting divorced in the first place. This often results in Court intervention, discovery, disclosure and ultimately, a trial.

Annulment

Legal annulment sufficiently can be obtained by a party who has intentionally been deceived about something material to the marriage and that deception is what induced them to marry. The annulment must be sought within three years of learning of the deception. Other grounds for annulment include marriage to a party under the age of consent or a party lacking understanding due to mental retardation or mental illness, physical incapacity, consent by force or duress, incurable mental illness for five years and bigamy.

Enoch Arden

Enoch Arden Law is a special proceeding initiated to dissolve a marriage on the ground of absence by the other spouse for the last five successive years without being known to the petitioning spouse to be living during that time.

Contact Us