Divorce Representation in Garden City
Helping Clients in Nassau County, Suffolk County, and All Five NYC Boroughs
When two people are no longer able to make their marriage work, they may
decide to file for divorce. Undergoing the divorce process can be a draining
experience, both financially and emotionally, and the outcome can affect
the involved parties for years, or even a lifetime.
In New York, the state Supreme Court grants divorces, as opposed to most
other states which grant divorces in family courts. The state Supreme
Court decides on specific divorce issues such as
child support,
property division, and
custody and
visitation rights.
Our dedicated Garden City divorce lawyers at Edwards & Rockmore, P.C.
are experienced in all types of divorce and
family law cases in New York, from the most simple to the most complex. Our knowledgeable
law firm can protect your rights and advocate for your interests regardless
of the factors involved in your case.
Grounds and Requirements for Divorce in New York
If you are considering filing for divorce in Long Island, it is important
to have the facts so you can understand your options. The state recognizes
seven valid reasons for pursuing divorce:
- The defendant treated the plaintiff cruelly and inhumanely, which refers
to conduct that endangered the plaintiff's physical or mental health
to the point that it is no longer proper or safe for them to cohabitate
with the defendant.
- The plaintiff was abandoned by the defendant for at least one year.
- The defendant was incarcerated for at least three consecutive years after
the marriage.
- The defendant committed adultery that involved a sexual relationship.
- The couple lived apart for at least one year as pursuant to a court decree
or judgment and the plaintiff can provide satisfactory proof that they
have completed and followed all terms and conditions of the court's ruling.
- The couple has lived apart for at least one year under a legal separation
agreement and the plaintiff can submit sufficient proof that they have
abided by the terms and conditions of this agreement.
- The couple's relationship irreparably broken for a minimum of six months.
If you have grounds to file for divorce, the next step is to determine
whether you meet the requirements to seek dissolution of your marriage
in New York. A couple can file for divorce in the state only if they qualify
under one of the following requirements:
- The couple was married in New York and at least one spouse has been a resident
of the state continuously for a minimum of one year before filing for divorce.
- The spouses resided in the state as a married couple for at least one continuous
year before seeking divorce.
- The reason for the divorce filing occurred in New York and either spouse
has been a resident for at least one continuous year before pursuing the
dissolution of their marriage.
- The reason for the divorce filing occurred in the state and both spouses
were residents of New York when the action began.
- Either spouse was a resident of New York for at least two continuous years
immediately before filing for divorce.
Uncontested Divorce vs. Contested Divorce in New York
Uncontested Divorce – An uncontested divorce is when the two spouses agree on all the matters
related to the divorce. This includes issues such as property division,
child custody, child support, and spousal support. Naturally, a divorce
is finalized much more quickly when it is uncontested.
Contested Divorce – A contested divorce is when the two spouses have disputes regarding the
matters of divorce. They will need to go through a much longer process
before all the terms are settled and the divorce can be finalized.
Don’t hesitate to
contact our firm regarding your specific divorce situation, whether uncontested or contested.
Divorce Process in New York
The process for divorce in New York includes the following steps:
-
Filing the petition – The spouse filing for divorce (the “plaintiff”) will file the
initial divorce papers in the county where either spouse lives.
-
Service – The plaintiff must ensure the other spouse (the “defendant”)
is served with the divorce papers within 120 days of the papers being filed.
-
Response – The defendant has 40 days to respond with an affidavit. If the defendant
also files a “Notice of Appearance” it means the divorce will
be contested.
-
Settlement or trial – If possible, the spouses will work with their attorneys and a mediator
to come to a divorce settlement without needing to go to court. However,
if this can’t be accomplished, then the divorce will need to be
litigated in court where a judge will make the final judgments.
Property Division and Divorce
One of the important issues in a divorce is that of dividing property.
The state Supreme Court works to "equitably" divide all marital
property in a divorce, which is property that has been acquired after
the date of marriage and up to the commencement of divorce proceedings.
This property can include real estate, vehicles, pensions, and the assets
of a shared business. Calculating this division is not always easy, especially
in cases that involve large debts, inheritances, pensions, and retirement
funds (such as 401Ks). If you have decided to file, contact a divorce
lawyer who will work on your behalf to secure a divorce agreement that
is favorable to you.
Contact Edwards & Rockmore P.C. - Call (888) 511-9273!
If you are filing for divorce, it is important that you protect your rights
when attempting to resolve matters related to the separation. One of the
ways you can do this is by hiring a Garden City divorce attorney at Edwards
& Rockmore P.C. The attorneys at our firm have been practicing law
for over 20 years, and have considerable experience in representing individuals
in all manner of divorce cases.
We will fight to protect your best interests in your divorce case, and
work towards reaching a resolution that is beneficial to you and your family.
Contact our team today to learn about your legal options!