Key Divorce Considerations in Suffolk County
Certain family law issues will need to be specifically addressed during the divorce process. If you have children, the legal issue of child support, visitation and custody must all be taken into consideration. Attorney Kroll believes in attempting to get the spouses working together for the ultimate good of the family rather than concentrating on any disagreements. It is important to realize that your children are strongly affected by these divorce proceedings and the smoother they can be conducted, the easier it will be on your entire family.
In addition, there are issues to resolve in spousal support. Whether that is provided or not is a personal decision that must be addressed. There is also the division of property, which can sometimes get very complex due to the emotionally charged situation. At our law firm in Long Island, we will attempt to resolve all of these issues with reasonable and workable solutions.
We can help you navigate the many aspects of the divorce process, including:
Understanding New York Divorce Laws
Grounds for Divorce
- New York is a no-fault state, which means that spouses can file for divorce without having to prove fault on either side. Couples can simply file on the grounds that the divorce is "irretrievably broken" and has been for at least six months.
- If you are filing based on fault, you can file for divorce based on reasons such as cruel/inhumane treatment, abandonment, adultery, or imprisonment.
Residency Requirements
- To file for divorce in Suffolk County, New York, you or your spouse must have lived in the state continuously for at least one year.
Step-by-Step Guide to Divorce in Suffolk County
The process for divorcing in New York generally goes as follows:
- Determine which county you are eligible to file in
- Fill out the divorce paperwork and provide information regarding children, assets/properties, maintenance, and other issues. File this with the court and pay the fees.
- The divorce summons will be served to the other party and the party must respond.
- Your case is put on the court calendar.
- The judge reviews your case and signs off on the divorce judgment.
If the divorce is uncontested (where both parties agree on the terms), the process will most likely look like the above. In an uncontested divorce, you may need to negotiate or attend mediation with your spouse to resolve issues, especially if there are custody disputes or high assets involved. In some cases, a trial may be necessary.
Timeline for Uncontested Divorce in Long Island
Typically, an uncontested divorce in Long Island, NY, can be finalized in as little as six weeks, while a contested divorce can take several months or even years. The time it takes to divorce in Long Island depends on several reasons, including the difficulty of the case, the willingness of the parties to cooperate, and the backlog of divorce cases in the court.
If you and your ex-spouse can settle on all of the terms of your divorce, you can file for an uncontested divorce. This type of divorce is typically much faster and less expensive than a contested divorce.
If you and your ex-spouse cannot agree on all of your divorce terms, you must file for a contested divorce. This type of divorce can be much more complicated and time-consuming.
In some cases, hiring a divorce attorney to represent you in a Long Island court may be necessary. No matter what type of divorce you are filing for, it is vital to know the time and expense involved.
If you are considering getting a divorce, it is a great idea to speak with an experienced Long Island family law attorney to discuss your options and to get an estimate of the cost.
Compassionate Support for Your Divorce Journey
When you work with our firm in Suffolk County, NY, you will experience the value of working with a family law firm that will treat your divorce case with the utmost care and attention. Our firm is committed to providing high quality, professional legal service at an affordable cost.
