Family Law & Divorce Lawyer
Queens, NY

Getting Divorced in New York

Opposite of what you see in the movies, getting a divorce in New York does not require any party to prove, “Fault”  This is referred to as a “No-Fault divorce”.  It means the party filing for divorce does not need to list a reason for the dissolution of marriage. No one needs to find dirt on the other. Neither spouse is required to be caught in the act of doing anything. In a “No-Fault divorce”, a spouse must simply state a reason for the filing that is formally recognized by the state. For example, it is sufficient to declare that the couple simply cannot get along (filed formally as “irreconcilable differences”, “irremediable breakdown of the marriage” or something as simple as “incompatibility”.  This could leave the other spouse in a confused state asking themselves, “what did I do wrong?”.

Individuals involved in a Family Law dispute are at one of their most vulnerable periods of their life.  Every member of the Law Offices of Victor Knapp understands and is very respectful of this vulnerability. You will never be treated like a case number, nor “just another” client.  You are the culmination of your unique circumstances, and our legal representation starts with Sensitivity, Care, Respect, and Attentiveness to you and the unique aspects of your case.

Depending on whether you are the subject of an Order of Protection, the recipient of Spousal, or Child Support – which is now Past Due, or if you feel the dollar amount of your Spousal or Child Support needs to be adjusted beyond the Court Order, Mr. Victor Knapp can discuss a “moving-forward” strategy that is relevant to your case.

Too often, Inexperienced lawyers tend to have a “cookie-cutter” approach towards Family Law. This can backfire as sometimes you will need to take on an Adversarial position and sometimes Family Law Mediation may be the best solution. You will need the Family Law lawyer, Mr. Victor Knapp, with his 40 years of experience Mr. Knapp in your corner.

Our team can consist of Private Investigators, Child & Family Therapists and Law Enforcement contacts who can bring the best resolution possible for your case.  No opportunity will be left unexplored.  It’s important to preserve your rights so that A) You don’t get taken to the cleaners and B) You don’t risk losing custody of your children.

If you, a friend, or a loved one is living in the Queens, Long Island area and is need of the best Family Law Divorce Lawyer it is essential that you take immediate action to obtain an experienced Family Law Divorce Attorney who is available and proactive. With over four decades of experience, Family Law Divorce Attorney Victor Knapp will bring the patience, care, and respect you need.  Our offices are ready to serve you in all Boroughs of Queens, Long Island, Westchester and throughout the five boroughs of New York City.

Contact the Law Office at 718-263-9000 or use our Contact Form to schedule a confidential consultation regarding your Family Law, Divorce, Mediation, and Equitable Distribution case.


Schedule an appointment to discuss your unique situation

The best Family Law Divorce and Child Custody Lawyer is the one who is willing to schedule an appointment to discuss your unique situation.

The best Family Law Divorce and Child Custody Lawyer is the one who understands discretion.  Often, current or former spouses will resort to using Social Media to discredit you, or to talk with members of your family behind your back in order to gain their trust to go against you.  These can be emotionally draining.  Our clients sometimes say that they felt completely alone.  Have you already spoken with a Family Law Divorce lawyer in Queens area?  Do you feel it is important to hire a lawyer who understands the concept of discretion? Our law offices go beyond the usual legal topics and can correctly advise you on:

  • Drafting a Favorable Separation Agreement
  • Equitable Distribution
  • Spousal Support / Child Support
  • Collection of Past Due Support
  • Shared Parenting Time
  • Retirement and Pension Assets awarded as part of Divorce Settlements

The best Family Law Divorce, Child Custody Lawyer is the one that will present your case in Family Court in such a way so that the Equitable Distribution will cover both Assets and Debts.  It is not fair for one spouse “take everything” while leaving the other with a mountain of debt.  If you do nothing, if you do not protect your rights, the court can and will take the easy route by dividing your total net worth between you and your soon-to-be Ex.

Contact the Law Office at 718-263-9000 or use our Contact Form to schedule a confidential consultation regarding your Family Law matters.


Family Law Divorce Lawyer in Queens County, NY

  • Drafting a Favorable Separation Agreement
    • What is it?
      • An Separation Agreement is a written contract agreed to and signed by both parties after an agreed separation but before the divorce is finalized.  This contract outlines how each party will conduct themselves during the separation period.  As we discussed, a divorce can be very emotionally challenging. The Separation Agreement can be looked at as an enforceable set of ground rules.
    • What should it include?
      • Date of Separation – This is significant because it starts the clock for when you are permitted to file for divorce as part of a “No-Fault Divorce” claim.
      • Custody & Responsibility – Opposite of what one may assume, sometimes both parties will continue to live under the same roof.  You must layout and agree to about things like, who will pick up the children from school, when and for how long will each parent spend quality-time with the child(ren).  What if one parent wants to take the child(ren) on a vacation during the separation? It is critical to have an experienced lawyer draft such an important document because potentially it can be used (without you wanting it) to commit you to a schedule or agreement during the divorce hearing.
      • Status Quo of Assets, Debts, and Insurance – It is always a good idea to properly identify and document that certain marital assets cannot be cancelled or sold during the state of separation. Or that one party cannot use the assets as collateral for a loan.  This could occur with the most innocent intentions.  The parties have separated and now the other one needs a car to drive to that new-found job or to assist in picking up the child(ren) from school or household tasks like, grocery shopping, but need to secure the loan using the equity in the house.
      • Expenses – You’ll need to agree to what bills are paid and by whom. Will there continue to be a joint bank account?

These are just a few of a myriad of items where an inexperienced lawyer might overlook.  Remember, in the end, you are the one who suffers when your lawyer just doesn’t know enough.  You need the best Family Law Divorce lawyer on your side to protect you.

  • Equitable Distribution
    • Equitable distribution is a legal theory guiding how property acquired during a marriage should be distributed between a divorcing couple. Also known as “equitable division” or “division of property,” it takes into account a variety of factors when dividing assets and debts, including how long the parties were married, their needs, and the financial contribution made by each party during the marriage. [1]
  • Spousal Support / Child Support
  • Collection of Past Due Support
  • Shared Parenting Time
  • Retirement and Pension Assets awarded as part of Divorce Settlements

Contact the Law Office at 718-263-9000 or use our Contact Form to schedule a confidential consultation regarding your Family Law matters.

Citations

  1. Cornell Law School, Legal Information Institute. “Equitable Distribution.” Accessed Sept. 7, 2021.

Quick Links

  • Favorable Separation Agreement
  • Equitable Distribution
  • Spousal Support / Child Support
  • Collection of Past Due Support
  • Shared Parenting Time
  • Retirement and Pension

Copyright 2022
The Law Offices Of Victor Knapp

Mr. Victor Knapp is a Criminal Defense Lawyer in Kew Gardens neighborhood of Queens, New York.  Many say that he is the best Criminal Defense Lawyer in Queens and the surrounding neighborhoods of Jamaica, Forest Hills, Bayside, Woodside, Elmhurst, Jackson Heights, Queens Village, Bellerose, Fresh Meadows, Glendale, Richmond Hill, Ozone Park, Glen Oaks, Howard Beach, Middle Village, Ridgewood, Long Island City, as well as other communities in the counties of Brooklyn, Bronx, Manhattan, and Staten Island, including Nassau County, Suffolk County and on the East End (Hamptons) of Long Island.