A divorce is the legal process of separating two people who have been married for one year or more. This may involve issues such as property division, child custody and support, spousal maintenance, and more. It is a stressful process for all involved, but with the right guidance and representation, it can be an empathetic experience for everyone concerned.
The divorce process in Long Island can be a daunting and confusing task, but with the help of the right legal representation, you can navigate this difficult time without letting it ruin your life. Our experienced divorce attorney can provide you with the legal guidance you need to ensure that your rights are protected and that you receive an outcome that will have a positive impact on your life going forward.
There are many grounds for divorce in New York state, each with its own particular set of requirements. Some of the most common grounds include adultery, separation or abandonment.
You can also file a divorce claim based on spousal misconduct, which requires proof that your spouse has behaved in a manner that is intolerable to you. This can be anything from emotional and physical abuse to drug and alcohol use.
In New York, there are some no-fault grounds that can be used in place of fault- based grounds. These are often more beneficial for a spouse seeking a divorce, as they can give them a better chance of obtaining a favourable settlement.
The first step in the divorce process is to file a "summons with notice" or a "summons and complaint". This is served to your spouse.
When the summons is served, your spouse has a period of time to respond by either requesting a hearing or filing an answer to your complaint. The complaint is a document that seeks relief, such as property division, child custody and support.
If the court agrees that you have a valid case, they will set a date for a trial. This is usually a couple of months from the time you file your petition for divorce. During this time, both sides will exchange evidence and testimony under sworn oath.
During the discovery phase of a divorce case, lawyers for both parties will exchange financial and other information. At this point, the lawyers can work out a divorce settlement agreement that works best for both parties.
A judge will then issue a Judgment of Divorce, which sets the terms for property distribution and other aspects of the divorce. Once the case has been finalized, you and your spouse will be able to move on with your lives.
It can take a long time to resolve the divorce issue, but a skilled family law attorney will make it as easy as possible for you. They will help you through the entire process from start to finish. They will keep you informed and up to date every step of the way. They will help you prepare for your case and ensure that your paperwork is filed properly.