Experienced Divorce Representation
At Ostertag O'Leary Barrett & Faulkner, our divorce attorneys tailor solutions to each client’s needs. We take the time to learn about you so we can understand what you want out of the process. We start with the story of your relationship. We continue with your concerns and plans for the future. Then, we develop a divorce strategy that helps you reach your goals by addressing all of the issues that may affect you, such as:
- Child custody and visitation
- Child support
- Spousal support/alimony
- Division of marital assets and debts
- Customizing our approach to meet your needs
The traditional way to get divorced involves the spouses taking sides against each other in litigation. Our attorneys have decades of experience handling contentious court battles for clients, and we will not hesitate to do so for you if it is necessary.
In a divorce, issues of property division can cause significant conflict. At Ostertag O'Leary Barrett & Faulkner, our goal is to protect our clients’ interests while navigating property division issues. Located in Poughkeepsie, our law firm combines the work of experienced attorneys who use in-depth knowledge of the law on property division to your advantage.
It Starts With Seeing The Big Picture
With more than 50 years of combined experience, our lawyers have built a reputation for effective and compassionate legal representation for families throughout the Hudson Valley. At our Poughkeepsie law office, we understand that a divorce can be a difficult and emotional time. However, we also know that it is a time when serious decisions must be made. It is our job to protect your interests and help you make informed decisions.
Divorce And Separation Guidance
Effective October 12, 2010, New York state has added “irretrievable breakdown of marriage” for a period of at least six months as a new ground, effectively permitting no-fault divorce as an additional ground for divorce. This additional ground allows one spouse to unilaterally conclude that they want to walk out of the marriage. The “fault” grounds also continue, including adultery, abandonment, or cruel and inhuman treatment.
At Ostertag O'Leary Barrett & Faulkner, we understand that marriages deteriorate for many reasons – sometimes for the “at-fault” reasons and sometimes because couples just grow apart. If they do, and if they wish to resolve their issues without going to court, or wish to avoid placing blame where it does not belong, they may consider entering into a separation agreement.
Separation Agreements
Separation agreements are complex documents that deal with all the issues related to the demise of a marriage. They address child custody, division of property and support matters. Couples enter into this agreement and live apart. After a minimum of one year has passed, a divorce may be granted on the ground that the couple has been living separately.
As of October 12, 2010, divorcing couples may also use the additional ground of irretrievable breakdown of the marriage for a period of at least six months as long as all other issues have been resolved, including equitable distribution, spousal support, child support, custody, visitation, and counsel and expert fees.
Separation agreements should not be confused with postnuptial agreements. Postnuptial agreements serve as a condition to remaining married, where couples lay out their respective rights and responsibilities with the understanding that they are continuing with their marriage. Separation agreements resolve all of a separating couple’s issues without resorting to court intervention, and then either party to the agreement may then proceed to seek a divorce.
Guidance You Need
When you are looking to do what is best for you and your children, let our team help you secure the best possible outcome for everyone. Contact our office in Poughkeepsie by emailing us here or calling 845-330-0650. Schedule your initial consultation today and begin planning to navigate your divorce today.
