Divorce and Separation

Divorce Attorney in Suffolk County, NY

The laws of New York restrict divorce procedures. Getting a divorce in New York now has seven grounds. It will also address child custody, visitation, child support, spousal support, and marital property division.

The county Supreme Court handles the majority of divorces in New York State. Family Court cannot issue a divorce, but it may impose child support and custody obligations.

It might be pretty difficult to negotiate with your spouse, planning and settling an agreement for a divorce. Before processing documents related to your divorce, you should speak to an experienced Suffolk County divorce lawyer to ensure that all legal concerns are addressed, your petition is justified, and you have all of the necessary papers to complete the process.

To receive legal assistance with your divorce attorneys, call us at 631-920-3848 right now.

 

 

What Is Contested Divorce in NY?

A contested divorce in New York takes far longer — and costs much more – than an uncontested divorce. A contested divorce in New York starts when one spouse applies for divorce. That spouse then has 120 days to serve the other spouse, who has 20-30 days to reply. This lawsuit generally starts with a Request for Judicial Intervention. A typical case should be concluded within 12 months of the filing of the Request for Judicial Intervention. Complex cases take longer.

During that period, the parties attend court sessions to establish and monitor discovery timelines, issue interim support, custody, and access orders, and agree to the employment of experts as needed. Most cases settle along the road. If the parties cannot agree, a trial date is set.

 

What Is Uncontested Divorce in NY?

In New York, an uncontested divorce occurs when both spouses agree to divorce and have handled all divorce-related problems, such as property distribution and alimony. In New York, you and your spouse must also agree on the divorce “grounds.”

In New York, you may divorce without using “fault-based” reasons like infidelity or cruelty. After six months, you may claim the “no-fault” grounds of an irretrievable marriage breakup. “Irreversible collapse of the marriage” indicates you and your spouse no longer want to be married and are unlikely to reconcile.

 

 

What Are the Seven Divorce Grounds in New York?

1. Irretrievable Breakdown

Your connection with your spouse has been irreparably damaged for at least six months. The court cannot grant you a divorce based on these reasons until property, debts, child custody, visitation, spousal support, and child support have been resolved or agreed upon.

 

2. Cruel and Inhuman Treatment

It is inhumane and cruel behavior by your spouse. Your physical or emotional health is at risk if you stay together. If the most recent harsh treatment occurred more than five years ago, your spouse might object to your divorce.

 

3. Abandonment

A year of “abandonment” by your spouse. This suggests your partner has abandoned you or expelled you and has no intention of returning.

 

4. Imprisonment

If your spouse is sentenced to three years or more. For this reason, you cannot divorce your spouse if he or she was freed more than five years ago. Moreover, the incarceration must have begun after your marriage.

 

5. Adultery

Your spouse is an adulterer. If you urge your spouse to commit adultery, forgive your spouse by having sexual intercourse with them after discovering it, or conduct adultery yourself, you are not divorceable. You also can’t divorce for cheating if you found it more than five years ago. You can’t testify to adultery; thus, you need a witness.

 

6. Separation Judgement

Due to a court-ordered “Decree of Separation” or “Judgment of Separation,” you and your spouse may not have lived together for a year. You must abide by the decree’s terms. A Judgment of Separation is rare since it needs equivalent evidence to a divorce. Most individuals skip the judgment and divorce immediately.

 

7. Separation Agreement

After signing an “Agreement of Separation,” you and your spouse have not lived together for one year. A notary public must witness your signatures if you reside in NY. The agreement is void if those regulations are not fulfilled; therefore, have a lawyer analyze it. You must abide by the terms of the contract.

 

What Are the Residency Requirements in NY?

To seek divorce in New York State, you or your spouse must have lived there as a married couple. Most states have residency requirements, although they vary. Pre-divorce residence requirements in NYS include:

• The marriage took place in NYS, and either you or your spouse lived in NYS for a year before filing for divorce
• You and your spouse resided in NYS as a married pair for one year before filing for divorce
• If you or your spouse did not marry in New York State, you must have lived there for two years before filing for divorce
• The divorce occurred in NYS, and either you or your spouse resided in NYS for a year before filing for divorce
• The divorce happened in NYS, and you and your spouse both lived in NYS at the time.

A divorce in NYS may be obtained by meeting just one of the five residence conditions. Your lease, evidence of rent payments, utility bills, pay stubs, and driver’s license may help you in rejecting a residency issue.

 

Can I Divorce if I Still Live With My Spouse?

Yes, you may do so regardless of whether you file a fault-based divorce or a “no-fault” divorce. If you want to file a separation agreement, both parties must reside apart for one year after signing the agreement. Remember that filing for divorce while living with your husband may be stressful emotionally and even hazardous for you and your children if domestic abuse exists.

 

Can I Obtain Spousal Support?

In a divorce, support is called maintenance or alimony. If you’re getting divorced, the supreme court may grant you interim maintenance or post-divorce maintenance. For temporary maintenance, there are particular criteria and a mathematical formula.

After January 25, 2016, particular standards and a mathematical calculation determine how much post-divorce maintenance you may obtain. The New York Courts website includes an online calculator to assist you in deciding your post-divorce maintenance rights.

However, the court may deviate from the interim and post-divorce maintenance calculation if the guideline amount is unreasonable or improper.

 

When Can I Divorce in NYC?

How long does it take to get a divorce? An abandonment claim requires proof of long-term abandonment. Withholding of support means proving your spouse has been imprisoned for three years or longer.

You must wait one year from the decision or judgment of separation, or the date the husband and wife signed the written separation agreement, before bringing a divorce action based on the grounds of living separate and apart.

A partner must also affirm under oath that the marriage has been irreversibly broken for six months. You may file for divorce at any time, while specific grounds for divorce have time constraints.

 

What if My Spouse Refuses to Divorce?

If the grounds for divorce are not No-Fault, the spouse opposing the divorce must do everything possible to prevent the other spouse from demonstrating their reasons. If you can stop it, the court won’t divorce you. However, because New York has just become a No-Fault state, a divorce seems inevitable.

However, to get a no-fault divorce in New York, all marital concerns must be settled. So, first, resolve problems of custody, support, spousal maintenance, and equitable allocation of marital assets.

While wrangling over these issues may prolong the divorce, bear in mind that if the parties cannot resolve them, the court will ultimately schedule a trial, make its conclusion, and then give the No-Fault divorce.

 

What if My Spouse Divorced Me?

If you are served with divorce papers, it is vital to react in writing to the court and your husband. You usually have 20 days to provide an “Answer”. If you can, hire an attorney. If you are poor, you may seek the court to have your spouse pay for your counsel.

 

Do I Need a New York Divorce Lawyer?

While you are not required to engage an attorney, do you want to proceed with a divorce without one? Would you undertake brain surgery on a loved one unless you were a brain surgeon? No. You would leave it to the skilled expert who has done it before.

Although you may not want to employ and pay for an attorney, it may be the best option. A reliable Suffolk County divorce attorney will defend your rights and ensure that your spouse and her or his attorney do not take advantage of you.

 

Call Our Suffolk County Divorce Attorney Today!

Our Suffolk County divorce attorneys at Donato Law can help you with your divorce process. Suppose you’re considering filing for a divorce in Suffolk County, NY. In that case, our experienced family law attorney can offer you sound legal advice, assist you in determining the best option for your requirements, and represent you in court.

Call Donato Law today at 631-920-3848 for an initial consultation.