New York City Divorce Lawyer

Divorce Representation in New York

Ksenia Rudyuk and her associates are skillful negotiators and appropriately aggressive litigators. We represent clients in Manhattan, Brooklyn, Staten Island, Queens, and the Bronx. We care about each one of our clients and their children.

Divorce is a very emotional time and can be a very stressful process. From the commencement of a divorce action in New York courts until the entry of the final judgment of divorce, our legal team will be always on your side, – available to guide you and zealously fight for your rights.

We believe in amicable resolution and negotiate it passionately with your interest and the best interests of your children in mind. However, when your spouse is unreasonable and negotiating a divorce settlement agreement with him or her might result in a waste of time and your money, we will litigate your divorce in court applying our knowledge of the court system, our experience, and passion.

Contested Divorce in New York:

Rudyuk Law Firm is a team of experienced, dedicated professionals, including New York Divorce attorneys, who offer comprehensive legal support, strategic guidance, and steadfast advocacy to help you navigate the complexities of a Contested Divorce, ensuring that your rights are protected and your interests are advanced effectively.

Navigating a divorce in New York can be emotionally taxing and fraught with challenges. From initiating divorce proceedings in New York courts to obtaining the final divorce decree, our dedicated legal team remains by your side, offering guidance and advocating vigorously for your rights.

While we prioritize amicable resolutions and passionately negotiate with yours and your children’s best interests at heart, we understand that not all divorces can be settled through mutual agreement. In cases where your spouse proves to be uncooperative and pursuing a settlement agreement would be futile and costly, we are prepared to litigate your divorce in court. Leveraging our deep knowledge of the legal system, extensive experience, and unwavering commitment, we will strive to secure a favorable outcome tailored to your unique circumstances.

Uncontested Divorce in New York:

While uncontested divorce proceedings in New York may seem straightforward, having experienced legal representation can help ensure that the process is conducted efficiently, accurately, and in compliance with all applicable laws, ultimately facilitating a smoother and more seamless transition to your new beginning.

New York offers a streamlined and cost-effective approach for couples who are in mutual agreement regarding the terms of their divorce and allows the filing of an uncontested divorce. However, it’s essential to have a knowledgeable divorce attorney review your agreement to ensure it complies with New York divorce laws and adequately protects your interests. An attorney can assist with drafting and preparing all necessary legal documents, including the divorce packet, settlement agreement, and other required forms, ensuring accuracy and compliance with court requirements.

Rudyuk Law Firm will handle the filing of all required documents with New York Supreme Court, ensuring that all procedural requirements are met and the divorce process proceeds smoothly.

Child Custody

Rudyuk Law Firm, P.C. is a child-oriented family law firm. We care about you and your children. We will fight for your child custody rights considering the best interest of your child.

• One of the parents does not allow the other to have more time with the child?
• One parent constantly interferes with your time with the child?
• A parent took the child away from you and does not let you see him/her?
• Holidays are coming up and you have no agreement as to who the child be with during the Holidays?
• A parent does not allow grandparents to be present in the child’s life?
• Looking to share the custody of your children with the other parent?
• Want a specific and predictable parenting schedule?
• Parents cannot and do not communicate to make mutual decisions regarding the children?

If one of the above-listed questions or a similar question concerns you, contact our firm for an initial consultation for an answer on what your options and answers maybe.

Child Support

If you are a custodial parent, you are entitled to child support. If you share custody of your children equally and your income is smaller than the income of the other parent, you are entitled to child support. If you no longer can afford to pay child support, you may be entitled to a downward modification of child support. If you make non-monetary contributions to the child’s upbringing and welfare, you may be entitled to pay a reduced amount of child support. If your child has special needs, you may be entitled to receive a higher amount of child support.

Every case is unique when it comes to calculating child support. The courts use a statutory formula and may consider a number of different factors to determine child support in New York.

Contact Rudyuk Law Firm, P.C. to learn more about child support law and proceedings in New York.

Spousal Support in New York

Spousal support, also known as maintenance or alimony, is determined in New York based on a variety of factors intended to ensure fairness and financial stability for both parties following a divorce and during the pendency of a divorce action. In deciding maintenance for one spouse, the courts usually consider the following facts:

1. Income and Financial Resources of Both Parties: The court will consider the income and financial resources of both spouses, including earnings, property, and any other financial assets or benefits.
2. Duration of the Marriage: The length of the marriage is a significant factor in determining spousal support. Generally, longer marriages may result in longer spousal support durations.
3. Health and Age of Both Parties: The health and age of both spouses are considered to evaluate their earning capacities, financial needs, and ability to become self-supporting.
4. Standard of Living During the Marriage: The court will strive to maintain the standard of living established during the marriage, considering the lifestyle enjoyed by the spouses and their ability to maintain it post-divorce.
5. Education and Training: The court will assess the education, training, and employment skills of both spouses, including the time and expense required for a spouse to acquire the necessary skills to become self-supporting.
6. Contributions to the Marriage: The contributions of each spouse to the marriage, both financial and non-financial, are considered, including homemaking, child-rearing, and career sacrifices made for the benefit of the family.
7. Custody of Children: If one spouse is awarded custody of the children, the financial needs associated with child-rearing may impact the amount of spousal support awarded.
8. Tax Consequences: The tax implications of spousal support payments for both parties are considered, as tax laws may affect the after-tax income available to each spouse.
9. Property Division: The division of marital property and assets may influence the amount and duration of spousal support, particularly if one spouse receives a substantial amount of assets or property in the divorce settlement.
10. Ability to Pay: The court will also consider the paying spouse’s ability to meet their own needs while paying spousal support, ensuring that the support does not impose an undue financial burden.

The court may consider any other factors deemed relevant to ensure a fair and equitable spousal support determination tailored to the specific circumstances of the parties involved.

In New York, there are specific formulas and guidelines to calculate temporary and post-divorce maintenance, taking into account the income of both parties and other factors mentioned above. However, the court has discretion to deviate from these guidelines based on the unique circumstances of each case.

It is essential to consult with an experienced divorce attorney to understand your rights and obligations regarding spousal support in your New York divorce, as well as to ensure that your interests are represented and advocated for throughout the process.

Division of Property in New York

Navigating the complexities of marital and separate property division in a New York divorce can be daunting, especially without the guidance of an experienced legal professional. It’s not uncommon for separate assets to become comingled with marital property, complicating the assets distribution process during divorce or separation. A meticulous inventory of assets and debts held by both parties is crucial in any divorce proceeding.

As an equitable distribution state, New York aims to divide marital assets in a manner deemed “fair” by the court. Analyzing the acquisition, maintenance, and comingling of assets and liabilities requires a deep understanding of the law and the ability to craft persuasive arguments tailored to your unique situation. The success of this endeavor hinges on the expertise, knowledge, and experience of your legal representation.

In some instances, one spouse may be unaware of the other’s assets, or assets may be deliberately concealed or depleted. At Rudyuk Law Firm, P.C., our dedicated and detail-oriented divorce attorneys are adept at uncovering hidden assets, protecting your rights, negotiating a fair asset division, and, when necessary, presenting compelling arguments and evidence in court to safeguard your interests.

Don’t navigate the complexities of property division alone. Contact Rudyuk Law Firm, P.C. today for an initial consultation to discuss the equitable distribution of your marital assets and debts, and let our seasoned attorneys guide you through this challenging process with confidence and competence.

Prenuptial Agreements

Happy couples enter into prenuptial agreements (“prenups” for short) to spell out their financial rights and responsibilities during their marriage. Rather than a plan for divorce, a prenup is a roadmap for a successful marriage. It also allows parties to face certain issues before they get married and serves as a test for their relationship.

Whether you are a man or a woman who comes into a marriage with assets or nothing at all, it is important to know your rights and different circumstances and issues that may arise out of your marriage in the future. It is important to consult with a knowledgeable and experienced family law attorney before the marriage.

A prenuptial agreement is a must-have document for a person who has children from a previous marriage or who anticipates receiving an inheritance from his or her family. Prenuptial agreement will address and define separate property and rights of each party, marital property, and provide for terms related to, among other things, testamentary rights, spousal support, debt distribution, etc.

Ksenia Rudyuk, Esq. the principal attorney at the firm drafted hundreds of prenuptial agreements for clients coming from different backgrounds, with different assets and plans for their future marriages. If you need a prenuptial agreement, contact Rudyuk Law Firm, P.C. now to schedule an initial discussion with the principal attorney of the firm, Ksenia G. Rudyuk, Esq.

Post Divorce or Post Judgment Proceedings in New York

Post-divorce or post-judgment proceedings in New York refer to legal actions or modifications of orders and/or agreements that occur after the finalization of a divorce or the entry of a judgment. These proceedings address issues that may arise subsequent to the divorce decree or judgment, such as enforcement of orders, modification of custody agreements, and others requiring further court intervention or adjustments to the existing orders.

Navigating post-divorce or post-judgment proceedings can be complex and emotionally challenging. It is essential to consult with an experienced family law attorney in new York who can provide expert guidance, advocate on your behalf, and ensure that your rights and interests are protected throughout the process.

For personalized assistance with post-divorce or post-judgment proceedings in New York, contact Rudyuk Law Firm, P.C. for a confidential initial consultation. Our dedicated legal team is here to help you navigate the complexities of post-divorce matters in New York with compassion, competence, and commitment.

Rudyuk Law Firm, P.C. is Your Key to a Successful Resolution

We are passionate about our profession and deeply committed to our clients. We attentively listen to our clients, get to know them, and diligently advocate on their behalf.

We help families that are just being born and those breaking apart to have peace of mind now and in the future to come.

Should you be contemplating marriage and seek guidance on a prenuptial agreement, we invite you to reach out to us for a comprehensive strategy session.

In the event of an impending divorce, ongoing divorce proceedings, or a post-divorce matter necessitating a change in legal representation, we encourage you to contact our Firm without delay.