Divorce Law

Divorce Law

Divorce is a very difficult time for all parties involved. We understand the emotional stress separations can cause and approach the process with sensitivity and care.

Ms. Monte believes that where parties and Attorneys are willing to be reasonable, there is a financial and emotional benefit to her clients to try and settle the matter without having to get the Court involved. However, if this proves to not be possible, Ms. Monte prides herself in aggressive, meticulous, and thorough representation of her clients in bringing the matter before a Judge and fighting for her client’s rights.

A matrimonial action can be “uncontested” or “contested”. 

  • In an uncontested divorce, the parties work towards a resolution on the matter and do not have to appear in Court. 
  • In a contested divorce, the parties are disagreeing as to how property is divided, custody of children, child support, spousal support, and other financial circumstances. Usually, both parties are represented by attorneys, but sometimes, a party chooses to represent themselves. 

Post-matrimonial proceedings

When a client is already divorced, but is seeking to go to court to modify terms of the previous divorce, or to enforce provisions of the divorce that his or her spouse is alleged to be violating. 

Process

When you retain Ms. Monte to represent you in your divorce proceeding, you will receive correspondence from her office and staff requesting documents necessary to thoroughly represent you in your case. This includes, but is not limited to previous years taxes, W2/1099, statements from retirement accounts, bank account information, titles to vehicles, etc. You’ll work personally with Ms. Monte and her certified paralegal to complete a “Statement of Net Worth Pursuant to DRL§236(b)”, which is a sworn statement of a parties’ financial circumstances, including a list of monthly expenses, debts, and assets. 

While this seems overwhelming, Ms. Monte ensures that you are aware of the specific information required by our office with adequate time for us to complete the paperwork required to negotiate the terms of your case, if able, or required by the Court should Court appearances be necessary. 

Schedule a free 1-hour initial consultation. During the consultation, we will discuss your case, the process, and costs.

In your initial consultation with Ms. Monte, it is helpful to have a general understanding of your income, your spouse’s income, what assets were accrued during the marriage, as well as what debts were accrued during the marriage. Ms. Monte will explain what debts and assets are considered “marital” and subject to division in the divorce, as well as if any “separate property” issues exist that must be considered and asserted.

Schedule free consultation