PAUL E RUDDER, ESQ – NYC DIVORCE LAWYER

Until very recently one could only obtain a divorce in New York by either establishing and proving various allegations of fault (various bad faith acts) against one of the parties or having fully negotiated and executing a formal Agreement and thereafter living separate and apart pursuant to the terms of the agreement for at least one year and thereupon either party making application to the court for a judgement of divorce. However, for the last 2 years, New York has joined the other 49 states in allowing either party to obtain a “no fault” divorce so long as one of the parties under oath states that for the previous 6 months the relationship between the parties has been irretrievably broken without a reasonable expectation for reconciliation. In this instance, while there is no defense to the claim of a broken marriage, the entry of judgement of divorce must be held in abeyance until all financial and family matters have been either resolved by the parties and set forth in a written agreement, signed by the parties, or a judge of the Supreme Court has made findings and determinations of these issues.

I represent parties in actions to dissolve their marriage in which they seek not only to terminate the marital relationship but also seek to fix his or her financial rights, duties and obligations and rights to custody/access of the children of the marriage. In addition, as a New York divorce attorney, I negotiate on behalf of my clients and seek to resolve amicably and with minimal Court intervention terms and conditions which allow the parties to expeditiously settle their various competing claims and thereby allow them to move forward with a minimum of anguish and financial expense. I also work on many other family law issues that impact families and have done so for over 30 years.

I work with Supreme Court in the five counties of New York City and the Family Court within same counties. Occasionally, I assume responsibility for representation of clients of other counties within New York State.

First, note that divorce judgements are judicial decrees issued by Supreme Court Judges of the State of New York. Therefore, there cannot be a divorce without parties filing a legal proceeding in a Supreme Court in a county in which they reside. That being said, however, the parties are always encouraged to attempt to resolve their differences with the aid and assistance of their attorneys and other professionals rather than the intense emotional conflict of an adversarial proceeding in a court room preceding a finding and judgment by the Judge. It’s up to the parties to determine whether the dissolution of their marriage shall be heatedly contested in an open courtroom or privately resolved after good faith negotiation and resolution.

The prospective client is asked why he/she is visiting my office and what is his or her understanding of the marital problem and difficulty; and I begin to gather background data on each party, children in the marriage and the general overall picture of the family’s financial resources. This is an opportunity for the client to ask any question that he or she has as pertains to the divorce process.

There are two time calendars. First, how long does it take to either negotiate and resolve the issues and allow for the preparation and execution of a written settlement agreement, or in the absence of agreement, how long to research, prepare and try the matter before the court? The answer is, it takes as long as it takes.  The harsher and more intense the anger and rage of a litigant the longer the matter takes and the more expensive the engagement becomes. While some cases can be resolved relatively quickly, others can take years.

Then, the Second phase: how long does the Court take to determine and then record and file its decision; the official record? Since Covid, that time has greatly increased-for multiple reasons.

New York is an “equitable” division/distribution State.  Not necessarily “equal.”  Depending upon the facts and circumstances, the goal is to be fair, just and reasonable in determining and dividing marital property.

The “causes” of a divorce are infinite.  Reduced to its common denominator, it’s unhappiness; physical fear, sense of betrayal; sense of abandonment.  But as we are now a ”no fault” divorce state “cause” to a great extent is no longer relevant. Every State now has “no fault” grounds for divorce. Today there can be diverse and multiple “reasons” for an unhappy party to seek and secure a divorce. And if either spouse wants a divorce, he/she shall secure one. No opposition: nor defense is recognized. However, until all issues of child custody, support and the division of all marital property have been determined, the judgment of divorce shall be withheld.

A wife is entitled to no different relief than the Husband could be entitled to. Neither is the assignment of custodial parent; nor the division of property; nor is the right to seek support dependent upon being husband or wife.  The facts and circumstances of the experiences and activities and production all affect and impact the potential reliefs a party may seek and secure via the divorce proceedings. It is complicated.

Generally there is no flat fee but rather an hourly charge for legal services rendered relating to divorce litigation. My experience is the larger the law firm, generally the higher the hourly charge for the leading attorneys at each firm. Larger firms have higher overhead and administrative expenses, for example, that impact on their wages. In NYC, hourly charges for attorneys with experience and savvy run between $550 and $1200 dollars per hour.  However in cases of no issue and dispute with each party cooperating to secure the divorce, a flat fee could be negotiated.

The best way to get in touch with me is by phone or email. Any interview or consultation will only be conducted in my office. These meetings are confidential.

The nearest trains to my NYC divorce firm, are 4, 5, 6 as well as N, R, W as well as F.