Seeking a Compassionate Divorce Lawyer in Long Island New York?
Such an emotional procedure divorce can be, mainly with children; it could sometimes be completely emotionally challenging. Divorce should imply that you hire an attorney for you to go through the whole procedure, which is actually intricate. At The Law Offices of SRIS, P.C., our divorce lawyer in Long Island New York, is a sensitive and seasoned family counsel who fully understands that certain pressures associated with a divorce are unique, hence will navigate the process for you.
What Is the Distinction Between an Uncontested and a Contested Divorce?
The important difference between uncontested and contested divorce is that uncontested divorce exists with the mutual agreement of spouses because they agree on all issues involved in the divorce proceeding.
Uncontested Divorce:
- Spouses have agreed to both property and children’s custody, spousal support, and alimony issues.
- The uncontested divorce is relatively less complicated and prompt because there is hardly much conflict over the salient issues.
Contested Divorce:
- There are many aspects of the divorce on which the couple cannot see eye to eye, including child custody arrangements, the division of property, and spousal support.
- Although probably more time-consuming and complicated, the disputative divorce would include negotiation or mediation procedures, even litigation procedures.
A contested divorce involves disagreements between spouses on child custody, property division, or spousal support. While negotiation and mediation are common approaches to resolving these disputes, litigation may become necessary.
How Long Does a Divorce Take?
The duration of a divorce in Long Island, New York, can vary significantly depending on whether it’s uncontested or contested.
Uncontested Divorce
- Rapid Process: An uncontested divorce can be concluded in less time if the couple reaches an agreement on the division of property, child custody, and spousal support.
- Timeframe: This process usually takes a few weeks to several months to finalize the whole process wherein the needed papers are filed, submitted to the court, and finalized in the form of a divorce decree.
Contested Divorce:
- Lengthy Procedure: A contested divorce can be very time-consuming as both spouses would have issues with each other.
- Factors Affecting Duration: Level of complexity involved in case, schedule of the court case, time considered for negotiation or mediation, legal issues pending/appeal
A contested divorce may sometimes drag on for months or even years, especially in complicated cases. To get a clearer indication of timeframes or to receive advice that is specific to your case, it is prudent to see a divorce lawyer in Long Island New York.
What Are the Grounds for Divorce?
To initiate a divorce in Long Island NY, one must cite a specific legal ground recognized by the state, such as irretrievable breakdown of the marriage or adultery. The following are the grounds recognized by the state of New York as applicable for divorce proceedings:
Irretrievable Breakdown of the Relationship:
- It is the most commonly cited ground for divorce in New York. It requires a mandatory six-month separation period.
Cruel and Inhuman Treatment:
- Grounds involving any form of physical or mental abuse that makes living together impossible.
Abandonment:
- When one spouse abandons the marital home without consent or justification for a year or longer.
Imprisonment:
- When one spouse has been convicted and confined to prison for three or more successive years.
Adultery:
- Having had sexual relations with another person outside of marriage.
Legal Separation:
- When both spouses have been separated for at least a year.
Forced Separation:
- When, by an order of court, spouses have lived apart for one year or more.
Residency Requirements
The grounds for divorce in Long Island NY, are usually determined by whether at least one spouse is qualified to file based on residence. Generally, this would require that one spouse had been a resident of New York for at least two years before the act of divorce filing.
It is generally a good idea to consult with a divorce lawyer in Long Island New York, to determine the specific grounds for divorce and residency requirements that apply to your situation.
Do I Need a Lawyer for a Divorce in Long Island, NY?
Divorce can be a long and traumatic process, and having a divorce lawyer in Long Island work for you will bring several advantages.
- Legal Knowledge: They are knowledgeable about Long Island family law. He can cut his way through the complexity of the law. They can protect your rights while ensuring that you get a fair share of what you own.
- Less Stress: They are capable of dealing with legal paper, deadlines, and court appearances such that their presence alleviates most of the stress you feel while you attend to other important issues.
- Negotiation: You may negotiate with experienced attorneys possible terms for the sharing of assets, child custody, and spousal support. This is facilitated by our attorneys who may assist you towards an amicable agreement, averting costly litigation.
- Realistic Expectations: Through our attorney, you can expect objective advice and realistic expectations of the divorce process. He or she will discuss potential challenges and work with you to develop a strategic approach based on your case.
Consider consulting with an experienced Long Island divorce attorney if you’re contemplating divorce.
With over 50 years of combined legal experience, our attorneys at The Law Offices of SRIS, P.C. bring unparalleled knowledge and competence to every case. Our Long Island divorce attorney is well experienced in divorce cases. We work on each case given to us with utmost care and professionalism. We will help you navigate all the intricacies of divorce, protecting your rights and reaching the best possible outcome. Contact us to schedule a consultation session
Frequently Asked Questions
Divorce period remains distinct with the nature of the divorce. While in uncontested divorce, on mutual agreement, not much time is spent; however, the same thing is more true in cases of contested divorce because time spent negotiating or in mediation is more and even more in litigation.
In New York, there must have had a resident of at least two years in this state of one of the spouses for the filing of divorce; the residency provision determines the venue of jurisdiction of the court upon the divorce.
- Seek an experienced divorce attorney known for good communication skills. You might find your requirement by inquiring from friends or relatives, or searching through the reviews and ratings available over the internet.
