Divorce Lawyers in Garden City
Experienced Divorce Attorneys Serving 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 Jonathan E. Edwards 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.
What Are Grounds 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.
What Is the 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.
How Is Property in a Divorce Divided in New York?
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.
How Our Experienced Nassau County Divorce Lawyers Can Help
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 Jonathan E. Edwards 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.
Our Nassau County divorce attorneys will fight to protect your best interests in your case, and work towards reaching a resolution that is beneficial to you and your family. Contact our team and give us a call today to learn about your legal options!
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