
Divorce is something that affects all parties involved, including both spouses, their children, and more, which is why if you are currently getting ready to get divorced, you should make it a priority to hire a knowledgeable Long Island divorce lawyer who can effectively guide you through the divorce process, from start to finish. Fortunately, you have just found that lawyer here at Barrows Levy PLLC, and our legal team is happy to provide you with the compassionate legal guidance you deserve in your time of need. Contact our firm today to learn more about what we can do for you.
When divorce is on the table, both parties have a lot on the line. With so much at stake, including matters of spousal support, child custody, and more, you need an attorney who truly cares about the outcome of your divorce and recognizes how it may impact you for years down the line. Our firm is here to put our decades of experience to work for you whether you reside in Long Island or Suffolk.
Here at Barrows Levy PLLC, we have decades of combined legal experience representing clients in Long Island through the gamut of family law matters, including the following:
In many cases, spouses can work out the terms of their divorce on their own in a civil and productive manner. This would be considered an uncontested divorce, and generally, these divorces are less difficult to navigate than contested divorces. This is because when a couple is in a contested divorce, it means that they cannot agree on the terms of their divorce, and in most cases, a judge will have to determine their divorce agreement, such as which parent gets child custody, how property is divided, and more. However, regardless of whether you are in a contested or uncontested divorce, you should hire an attorney who has your best interests at heart. Our firm will work to protect your interests through every step of the process.
When most people imagine divorce, they picture courtrooms, lawyers arguing, and drawn-out battles, but that’s not always how it goes. The divorce process can look very different depending on your situation, but the steps are generally the same. Below is a brief outline of how the divorce process typically works.
Before filing, one of you must meet the residency requirement. In most cases, that means at least one spouse has lived in New York for one full year prior to filing. However, there are exceptions, if you were married here, or if you lived in New York together as a married couple, that may be enough. The rules are specific, so this is one of the first things your attorney will confirm before beginning.
New York allows both no-fault and fault-based divorces. The most common ground is that the marriage has been “irretrievably broken” for at least six months. That means no one has to prove wrongdoing. Still, some people choose to file based on fault, like adultery, cruel treatment, or abandonment, especially if it might affect the outcome of property division or support. Your attorney will help you decide which makes the most sense for your case.
Divorce formally begins when one spouse (known as the plaintiff) files a Summons and Complaint in the Supreme Court. This document explains what you’re asking for, things like custody, support, or the division of assets. Once filed, the other spouse (the defendant) must be served within 120 days, and this step is crucial. If service isn’t done properly, the entire process can be delayed.
After being served, the defendant usually has about 20 to 30 days to respond. From there, both sides exchange what’s called a Statement of Net Worth, which details each person’s income, assets, debts, and expenses.
Divorce can take time, and during that time, people still need to live their lives. Courts can issue temporary orders for things like child custody, child support, spousal maintenance, or who stays in the family home. These orders remain in effect until a final judgment is issued, and while they’re “temporary,” they can set the tone for the rest of the case.
Discovery is where both sides share documents and information. It can involve subpoenas, depositions, or expert evaluations for property or businesses. This is also when settlement talks often happen. Many divorces never go to trial; they’re resolved through negotiation or mediation, which allows spouses to maintain more control over the outcome instead of leaving it all in a judge’s hands.
If you and your spouse reach an agreement, your attorneys will draft a written settlement, and the court will review it to ensure it’s fair. If there are unresolved issues, such as those involving custody, finances, or property, the case proceeds to trial. A judge will hear evidence and make the final decisions.
Once everything is decided, the judge signs a Judgment of Divorce, officially ending the marriage. It details all the terms, custody, support, property division, and once it’s entered with the county clerk, the divorce is final. For some, it’s a moment of relief; for others, it’s bittersweet. Either way, it’s a new beginning.
Every divorce has its challenges, but some involve extra layers. These are a few situations where having the right Long Island divorce lawyer in your corner truly makes a difference.
When significant assets are involved, such as real estate, investments, business interests, or executive compensation, divorce becomes as much about numbers as emotions. Our firm works with financial experts to uncover hidden assets, determine fair valuations, and protect your interests while ensuring compliance with New York’s equitable distribution laws.
If you or your spouse owns a business or professional practice, valuation is critical. We work with forensic accountants to determine what portion of the business is marital property and how to divide it fairly without destroying what you’ve built.
Divorce later in life presents unique financial questions, retirement income, health insurance, and estate planning concerns all come into play. We help clients make informed decisions that protect long-term security.
If you’ve experienced abuse, your safety comes first. You can seek an Order of Protection through Family Court or the Supreme Court, and it can restrict contact, award temporary custody, and provide immediate safety measures.
Military divorces involve unique issues, jurisdiction, federal benefits, and military pensions under the USFSPA.
While marriage equality guarantees the same legal rights, LGBTQ+ couples sometimes face unique issues, from parental rights to pre-marriage property questions. Our attorneys provide knowledgeable, compassionate representation.
Q: How long does a divorce take in New York?
A: It depends. An uncontested divorce can take as little as a few months. However, a contested divorce, especially one involving custody or significant assets, can take a year or more.
Q: How is property divided?
A: New York uses equitable distribution, meaning property is divided fairly, not necessarily equally. The court considers income, contributions, and financial need.
Q: Can I get divorced without going to court?
A: Yes. Many uncontested divorces are handled entirely through paperwork, without ever stepping into a courtroom.
Q: How does the court decide custody?
A: The court looks at the “best interests of the child,” which includes stability, parental involvement, and each parent’s ability to meet the child’s needs.
Q: What is spousal maintenance?
A: Spousal maintenance, often called alimony, provides financial support from one spouse to another. It can be temporary or long-term, depending on the situation.
Q: Are retirement accounts divided?
A: Yes. Pensions and 401(k)s are considered marital property and divided according to a court-approved formula or agreement.
Q: Do I need a lawyer for an uncontested divorce?
A: Technically, no, but having one ensures everything is done correctly and that you aren’t signing away important rights unknowingly.
Q: What if my spouse won’t sign the papers?
A: You can still move forward. If they fail to respond, the court can issue a default judgment after the appropriate waiting period.
Q: How much does divorce cost?
A: Costs vary. Court fees alone are a few hundred dollars, but total expenses depend on the complexity of a given case, attorney time, and whether the case settles early.
For the competent, compassionate, and aggressive legal representation you deserve, simply contact Barrows Levy PLLC today. Our firm is ready to fight for your rights, every step of the way.
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