If you and your spouse are considering filing for divorce on Long Island, it’s important to understand first and foremost whether your case will proceed as a contested or uncontested divorce. This can impact how quickly your case proceeds, the cost, and even the steps involved in the process. While these both ultimately result in the legal dissolution of your marriage, the steps and complexity of the process are significantly different, especially for couples in Nassau County, Suffolk County, and New York City. As such, the following blog explores what you should know about these matters, including the importance of working with an experienced Long Island divorce lawyer.
What Is An Uncontested Divorce?
If a couple is able to agree on all matters before finalizing their divorce settlement, the divorce may proceed as an uncontested divorce. This essentially means that the couple is able to reach an agreement on all major issues, like child custody, support, and alimony, without the need for court intervention. Methods of settling without litigation include mediation, alternative dispute resolution, and collaborative divorce.
Issues That Must Be Fully Resolved
- Child custody and parenting time
- Child support in accordance with the Child Support Standards Act
- Equitable distribution of marital property
- Distribution of retirement accounts and pensions
- Alimony
- Division of marital debts and liabilities
Why Many Couples Prefer Uncontested Divorces
- Less legal fees than a contested divorce
- More privacy
- Less emotional strain and stress
- Faster resolution
- Increased control over outcomes
When Might an Uncontested Divorce be Appropriate?
- Both spouses are in agreement that the marriage has suffered an irreparable breakdown
- There are no disputes regarding the custody or finances
- The parties are in agreement and willing to sign a settlement
- There are no allegations of fault
What Is A Contested Divorce?
When spouses cannot agree on critical divorce terms, they enter a contested divorce, which will proceed to divorce proceedings in court. In contested divorce cases, the judge assigned to the case, not the spouses, is ultimately responsible for determining the unresolved issues, like custody, support, and property division, based on statutory laws.
The court will then focus on settling these contested issues. Spouses will have to attend a compliance conference where the judge will attempt to settle a divorce agreement. If the divorce can not be settled, the divorce will go to trial. At trial, the judge will hear both spouses’ needs and opinions regarding the agreement and settle the divorce after analyzing various documents, bank statements, and more.
Common Reasons a Divorce Becomes Contested on Long Island
- The couple cannot agree on child custody
- The couple cannot agree on child support payments
- The couple cannot agree on the distribution of property
- Disputes regarding spousal support arise
- Allegations of hidden assets arise
What Happens During a Contested Divorce in Nassau or Suffolk Counties?
- A Summons and Complaint is filed in the Supreme Court
- The non-filing spouse is served
- A preliminary conference will be held
- Discovery may begin (involves financial disclosure, subpoenas, and depositions)
- Settlement negotiations occur
- If no agreement is reached, a trial will occur
What Are the Grounds for Divorce in New York?
New York is primarily a no-fault divorce state, though it is possible for a filer to cite fault as the reason for the divorce. However, it’s important to understand that filing on the grounds of wrongdoing generally does not have a significant effect on the outcome of the divorce. However, it can increase the likelihood of a contested divorce if the allegations are disputed.
No-Fault Divorce in New York
- Marriage must be irretrievably broken for at least six months
- No need to prove misconduct has occurred
- More commonly used in uncontested divorces
- Reduces the risk of increased conflict
Fault-Based Grounds
- Cruel and inhumane treatment
- Adultery
- Abandonment
- Imprisonment
What Are the Key Legal Differences?
As mentioned, both an uncontested and contested divorce result in the dissolution of a marriage, though the process of getting there will have significant differences.
Timeline Differences
- An uncontested divorce can take as little as six months if the paperwork is accurate
- Contested divorces can take a year or longer
- The need for trial and court scheduling can increase how long this process takes
- Uncontested divorces may be delayed if the paperwork is incomplete or incorrect
- Discovery and disputes can increase the duration of the divorce
Financial Differences
- Fees and expenses in an uncontested divorce are more easily calculated
- Contested divorces can require the testimony of expert witnesses or forensic accountants
- Court appearances can increase attorney fees
- Contested divorce typically involves multiple court appearances over the span of months
Where Are Divorce Cases Filed on Long Island or in New York City?
All divorces in New York, regardless of whether you are on Long Island or in the city, are filed through the Supreme Court, not Family Court. The specific court you file in will depend on where you reside.
Geographic Court Structure
- The Nassau County Supreme Court handles divorces for those who live in Nassau County
- The Suffolk County Supreme Court handles divorces for those who reside in Suffolk County
- New York City divorces are filed in the Supreme Court in the borough where the filer resides
- Family court can address matters like custody and support, but not the divorce itself
Residency Requirement Considerations
Before filing for divorce in New York, one, if not both, spouses must satisfy the New York state residency requirement in accordance with Domestic Relations Law §170. Generally, both spouses must live in the state at the time of filing, and the grounds must have occurred in state, or one spouse must have maintained residence in the state for one or two years, depending on the circumstances of the divorce.
Contact an Experienced Long Island Divorce Attorney Today
At Barrows Levy PLLC, our firm understands how difficult navigating a divorce can be. That is why we are committed to helping you and your family fight for the best possible outcome. When you need assistance, do not hesitate to contact our dedicated legal team today.
