Divorce is complicated on many levels. Not only is it a complex emotional process, but there are also various financial and legal implications of divorce as well, which is why if you are ready to begin the divorce process, you cannot do so without an experienced Nassau County divorce lawyer from Barrows Levy PLLC on your side. For decades, our legal team has dedicated itself to assisting individuals in Nassau County through a wide array of matrimonial issues, and we are ready to put that experience to work for you today. Do not hire just any attorney; hire one who truly cares about you and your family’s right to a bright, successful future, even after a divorce. Contact Barrows Levy PLLC today so you can tell us your story and we can begin formulating the best possible strategy on your behalf.
Do I Need a Nassau County Divorce Lawyer?
When couples get divorced, they have a lot on the line. Our firm recognizes that in many ways, your future is in our hands, which is why you have our pledge to serve you as effectively as possible. Throughout the process, our Nassau County family law attorney will provide you with the personalized and dedicated legal assistance you need, and from the moment you sit down with our firm, you will understand that you are in good hands.
Contested Divorce Vs. Uncontested Divorce
When a couple gets divorced, they will either be in a contested divorce or an uncontested divorce. Essentially, a contested divorce is when both spouses cannot agree on the terms of their divorce, while an uncontested divorce is when spouses can resolve all divorce-related issues on their own. Rather obviously, uncontested divorces generally are less hostile, less time-consuming, and are overall the best option. However, unfortunately, many divorces are considered contested divorces, which entails a far more complex process.
The Divorce Process in New York
If you are ready to file for a divorce, the first step is fulfilling the residency requirement, which allows the court to establish jurisdiction. Essentially, in New York State, you must prove one of the following:
- That you or your spouse have lived in New York for at least two years without interruption.
- That you or your spouse have lived in New York in the year before your divorce case and that you either got married in New York, live in New York as a married couple, or that the grounds for your divorce occurred in New York State.
- That both you and your spouse are NYS residents on the day of filing for divorce
Grounds for Divorce in NYS
From here, you will have to cite grounds for divorce. New York State is a “no-fault” state, meaning you have the option of citing fault grounds, or simply declaring an “irretrievable breakdown for a period of 6 months or more prior to the commencement of the action for divorce.” In most cases, citing an irretrievable breakdown is best (meaning filing no-fault divorce), as citing fault grounds will give your spouse the option to rebut your accusations, which often results in a longer, costlier, and more hostile process. However, if you wish to cite fault grounds, you may. Fault grounds in New York are as follows:
- Extreme cruelty
- Confinement in prison or a mental hospital for three or more consecutive years.
Once you file a Complaint for Divorce, wherein you will include the grounds for your divorce and any ancillary relief requested (i.e. child support, child custody, etc. until the divorce is finalized), the divorce papers will then be served to your spouse.
Once the Complaint has been filed, the court will request that you and your spouse submit various financial documents to give the court a clearer picture of your financial situation. You and your spouse must fully disclose each of your assets. Once you’ve done so, you will attend a Compliance Conference, wherein the court will determine whether any pre-trial motions are necessary, including whether you or your spouse requires temporary child support, alimony, or financial assistance paying court-related fees. These are just some of the issues that must be addressed before a divorce is finalized, as a divorce can take months, or even over a year.
Divorce Trials in New York
Once the trial commences, the court will analyze various aspects of you and your spouse’s lives, and will ultimately determine the outcome of your divorce, including alimony settlements, child custody agreements, child support agreements, property distribution, and more. At this point, the court will issue a Judgement of Divorce, which includes all of the aforementioned terms of your divorce, among others.
As you can see, the divorce process is often quite complicated, which is why you simply cannot hire just any attorney to represent you at such a critical point in your life. Our firm has handled countless divorce cases over the years, and we are ready to do everything in our power to effectively handle yours as well.
Contact a Nassau County Divorce Lawyer
The bottom line is that when someone gets divorced, they need an attorney who truly cares about how the outcome of their divorce will impact their life and the lives of their family. We know that this is a pivotal point in your life, which is why we are dedicated to serving you to the best of our ability, from start to finish. Contact Barrows Levy PLLC today to schedule your initial consultation with our firm.