How We Can Help
Rosenberg Family Law PC represents clients throughout the Long Island-New York City metropolitan area in a wide variety of divorce related proceedings, including:
- Annulment
- Custody, visitation, and parenting rights
- Child and spousal support
- Out-of-court settlements
- Domestic violence matters
- Prenuptial and antenuptial agreements
- Cohabitation and separation agreements
- Abuse and neglect proceedings
- Paternity issues
- Modification and enforcement
- LGBTQ+/Non-traditional family matters and domestic partnership issues
- Collaborative law, mediation, and alternative dispute resolution
Understanding Divorce in New York
In New York, divorce can occur for various reasons, ranging from irreconcilable differences to more specific grounds such as abandonment or infidelity. It is essential to understand the legal framework surrounding divorce in New York, as it impacts the process and outcomes of your case.
Types of Divorce in New York
- Contested Divorce: This occurs when the spouses cannot agree on one or more terms of the divorce, such as asset division, child custody, or spousal support. Contested divorces often require court intervention and can be lengthy and complicated.
- Uncontested Divorce: In an uncontested divorce, both parties agree on all significant issues, including property division and custody arrangements. This type of divorce is generally quicker and less expensive than a contested divorce.
- No-Fault Divorce: New York allows for no-fault divorce, where one spouse can file for divorce based on irreconcilable differences. This simplifies the process as there is no need to prove wrongdoing.
- Fault Divorce: A fault divorce requires one spouse to prove that the other spouse is at fault for the marriage's breakdown. Grounds for fault include adultery, cruelty, abandonment, or imprisonment.
Key Components of the Divorce Process
Divorce involves several key components, and understanding each step can help reduce anxiety and confusion:
Filing for Divorce
The divorce process begins when one spouse files a divorce petition with the court. This document outlines the reasons for the divorce and the terms being sought. The petition must be served to the other spouse, who will then have the opportunity to respond.
Discovery
Discovery is a critical phase in the divorce process where both parties exchange financial information and relevant documents. This can include income statements, tax returns, bank statements, and documentation of assets and debts. Transparency during this phase is vital for equitable division of property.
Negotiation and Mediation
Many divorcing couples opt for negotiation or mediation to resolve disputes amicably. Mediation involves a neutral third party who helps facilitate discussions between spouses to reach a mutual agreement. This approach can save time and reduce costs compared to litigation.
Court Proceedings
If the parties cannot reach an agreement, the case will proceed to court. Both spouses will present their cases, including evidence and witnesses, and a judge will make decisions regarding contested issues. Court proceedings can be time-consuming and emotionally taxing.
Finalizing the Divorce
Once all issues are resolved, either through agreement or court ruling, a judgment of divorce is issued. This document finalizes the divorce and outlines the terms, including asset division, child custody, and spousal support.
Important Considerations During Divorce
Several factors can significantly impact the divorce process and its outcomes:
- Property Division: New York follows the principle of equitable distribution, meaning that marital assets are divided fairly, though not necessarily equally. Factors that influence property division include the length of the marriage, contributions of each spouse, and the financial situation of both parties.
- Child Custody and Support: When children are involved, custody arrangements must be determined. The best interests of the child are always the priority. Factors considered include the child's age, each parent’s relationship with the child, and the ability to provide a stable environment. Child support calculations are based on the income of both parents and the needs of the child.
- Spousal Support: Spousal support, or alimony, may be awarded to one spouse to provide financial assistance after divorce. The court considers factors such as the length of the marriage, the financial needs of the requesting spouse, and the ability of the other spouse to pay support.
Contact our office at (516) 212-9211 or through our website to arrange an initial consultation with our skilled Long Island divorce attorneys.