divorcing your spouse


Divorce and Family Law

The breaking up of a family can be devastating for everyone involved.  Let Daniel J. Sperrazza, Esq. discuss all options available to you during this difficult time, including divorce or separation and the processes of mediation, litigation or collaborative law.

Buffalo Family Law and Mediation Attorney Daniel J. Sperrazza can help with matters concerning the custody or access with children, whether for a parent or grandparent, as well as, matters concerning the support of children.

Divorce and legal separation

Divorces are rarely easy. In New York, the grounds for divorce are largely fault-based. They include—

Cruel and inhumane treatment
Abandonment of at least one year

Confinement of one spouse in a correctional or mental health facility of three or more consecutive years.

No-fault grounds for divorce involve a legal separation for at least one year. Even these divorces, however, can be fraught with hostility and when there are children involved, parents often become overly aggressive in protecting what they feel are their children’s best interests.

It is important to retain the services of an experienced family law attorney to ensure that your case stays on track and your rights are protected from filing to finalization.

Legal separation

Some couples choose to legally separate rather than get a fault-based divorce. After one year of separation, the couple is eligible to divorce without assigning legal blame to either party. Most often resolved by agreement, a legal separation involves the same issues that a couple faces in divorce—property division, custody, spousal support, etc.

However, simply living apart does not constitute a legal separation—you must obtain an official separation agreement. While these forms are available as a do-it-yourself service, it is best to consult an experienced Buffalo divorce attorney to draw up the agreement. A Buffalo family law attorney’s guidance ensures the agreement is comprehensive and able to stand up in court as a valid solution.