If your marriage has broken down and you and your spouse are seeking a divorce, there are many steps that must be taken to complete the process. There are also different laws that apply to different situations, so it’s best to have an experienced attorney by your side to navigate the legal landscape and make sure you get what you deserve.
When you file for divorce, the first step is to fill out a form called the Petition of Divorce and serve it on your spouse. It will include important information about you and your spouse, such as your name, address, date of birth, children and any property or debts you have. You must also indicate the grounds for divorce, such as an irretrievable breakdown of your marriage or adultery.
Your petition will also ask the court for ancillary relief, such as child custody and spousal support. You’ll have to pay fees for each ancillary request, so it’s important to plan ahead and prepare accordingly.
Once the filing is complete, it must be served on your spouse by a process server, which is someone who can legally deliver the papers to your spouse. You can hire a professional, if necessary, or ask friends or family members who are at least 18 years old to serve the paperwork on your spouse.
After your spouse is served, he or she has 20 to 30 days to respond to the petition. If they don’t, a default judgment may be entered.
The process of filing for a divorce can be lengthy and expensive, so it’s essential to have an experienced lawyer by your side. An attorney will guide you through the process and help you resolve your case in the most expedient way possible.
In Long Island, there are three types of property that are divided in a divorce: "marital property," "separate property" and "divisible property." Marital property is usually defined as anything you and your spouse own together before your divorce, such as your homes or any other items you bought during the marriage. Separate property is usually defined as any assets or debts you owned before you were married.
During your divorce, the court will analyse all aspects of your life and make decisions on how to divide property, alimony, child custody, child support and other issues. At the end of the process, you’ll receive a Judgement of Divorce that will outline the terms of your divorce.
Filing for a divorce can be confusing, especially if you are unfamiliar with the legal process or have not been through one before. An experienced attorney will be able to walk you through the process and provide expert guidance to ensure that your case is handled in a timely manner and with as little stress as possible.
If you need assistance with your divorce, contact us. We are ready to discuss your options and answer any questions you may have about the process of getting a divorce in Long Island.