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Keith, Shapiro & Ford - Divorce Net

Keith, Shapiro & Ford - Divorce Net


666 Old Country Road
Garden City, New York 11530
Phone: 516-222-0200

125-10 Queens Boulevard
Kew Gardens, New York 11415
Phone: 718-544-6535

Toll-Free: 1-800-CUSTODY

Keith, Shapiro & Ford, a Garden City, New York based law firm with additional offices in the City of New York, consists of a dynamic group of attorneys who have extensive experience in the firm's major areas of practice. Our clients are treated with integrity and respect for their needs, goals, and objectives. We focus on intelligent legal representation and pledge to listen to and communicate with our clients.

Kenneth M. Keith

Admitted to practice in New York in 1978. Also admitted to practice in the State of Florida, United States District Courts for the Eastern and Southern Districts of New York,  The Supreme Court of the United States of America and the District of Columbia. Graduate of New York Law School. Member American Trial Lawyers Association. 

Richard P. Ford 

Admitted to practice in New York in 1994. Also admitted to practice before the United States District Courts for the Eastern and Southern Districts of New York. Adjunct Professor of Law, Hofstra University Law School. Graduate of Hofstra University Law School.

Richard Benson 

Admitted to practice in New York 1978. Also admitted to practice in Massachusetts and before the United States District Courts for the Eastern and Southern Districts of New York. Past President of Criminal Courts Bar Association, Queens County, Graduate of Howard University Law School.

Charles D'Onofrio III 

Admitted to practice in New York 2005. Graduate of Hofstra University Law School.

We represent clients in all areas of Family & Divorce Law, including:

  • Divorce
  • Separation
  • Family Law
  • Custody
  • Visitation
  • Child Support
  • Spousal Support / Maintenance /Alimony
  • Property Distribution
  • Paternity
  • Domestic Violence
  • Prenuptial Agreements
  • Anti-Nuptial Agreements
  • Criminal charges and Arrests  
  • Contempt Proceedings
  • Enforcement of Divorce, Orders, Stipulations, and Family Court Orders
  • Family Court Issues
  • Grandparent Visitation
  • Emergency Applications for any appropriate need
  • Joint Custody / Shared Custody
  • Modification Applications (Change of Custody and Upward or Downward Modification of Support)
  • Orders of Protection (Obtaining and Defending)

THE BASICS OF DIVORCE IN NEW YORK

JURISDICTION - To get a divorce in New York you must fall within the jurisdiction of the Court:

  • You resided in NY for 2 years
  • Your spouse resided in NY for 2 years
  • You were married in NY and you have resided in New York for one year
  • You were married in NY and your spouse has resided in New York for one year
  • You having resided in NY as husband and wife and you have lived here for 1 year
  • You having resided in NY as husband and wife and your spouse has lived here for 1 year
  • The grounds upon which the divorce grounds are founded occurred in NY and either you or your spouse has resided in NY for 1 year
  • The grounds occurred in NY and both parties presently reside in NY

GROUNDS FOR DIVORCE - Just wanting to divorce is not enough. To get a divorce in New York you must establish facts that meet the requirements of New York law (NOTE: Irreconcilable differences is not a ground for divorce in New York). Grounds in New York are:

  • Abandonment for one or more years -
    • Physical abandonment means that your spouse has left without justification or your consent and has not offered in good faith to return.
    • Constructive abandonment, an abandonment for the purposes of establishing grounds for divorce, means that your spouse has refused to have sexual relations without a physical or mental reason for doing so.
  • Adultery within the past five years without your forgiveness
    • This ground for divorce is seldom used. Even if your spouse agrees not to contest your divorce action, proof of adultery will be difficult. You will need witnesses as your testimony alone is not legally sufficient against your spouse. Adultery is usually shown by circumstantial evidence and that the spouse had the opportunity, inclination, and intention to engage in sex with another. Courts will generally not grant divorces where there are mutual acts of adultery.
    • Having sexual relations with your spouse after the discovery of the adultery is interpreted as forgiveness (legally "condonation").
  • Cruel and Inhuman Treatment
    • Physical or mental cruelty that has had such a serious effect on your physical or mental health that it is unsafe or unwise to continue the marriage. Cruel and inhuman treatment can involve either physical or mental abuse. If your marriage is long-term, you will have to provide more examples of such treatment than if you have been married a short time.
  • Imprisonment for three or more years
    • You cannot bring this action until your spouse has actually served three or more years in prison.
  • Confinement in a mental institution
  • Separation Agreement
    • Provided that you have lived apart for a year after signing your separation agreement and pursuant to the terms of such agreement, you will be able to sue for divorce based on this "no-fault" ground. (Proof of filing of the Agreement must be submitted when the divorce is filed)
  • Separation Decree (a court judgment)
    • Provided that you have lived apart for a year pursuant to the terms of a Judgment of Separation you may secure a divorce  based upon that fact alone. In order to obtain the Judgment of Separation, you must establish a ground for divorce. Grounds are the fault grounds listed above, except that abandonment may be for less than a year.
ATTORNEY ADVERTISING. Prior results do not guarantee a similar outcome.

Please email us or visit our website for additional information.