Commack Divorce Lawyer
Divorce is the legal dissolution of a marriage. Obtaining a divorce requires following certain legal formalities, and once a final judgment has been entered by the court, the parties are free to legally enter into a new marriage if they so choose. Without first getting a divorce, the parties could not marry someone else and would remain legally bonded to each other.
Getting a divorce requires more than just meeting certain conditions or filling out a form. It is a judicial legal proceeding that must be filed in court and ruled on by a judge. Additionally, several important matters must be resolved before the divorce can be granted. These include dividing up the couple’s marital property and determining whether any maintenance (alimony) will be paid from one party to the other. If the marriage produced any children who are still minors at the time of the divorce, the court will also need to establish child custody and child support. These matters can be decided by the couple themselves and submitted to the court for approval, while any contested issues will be resolved through litigation and a courtroom trial.
New York family law attorney Joshua Adam Kittenplan has many years of experience representing spouses in divorce proceedings in Nassau County and Commack courts. At the Law Office of Joshua Adam Kittenplan, we can advise you and represent you in negotiations or mediation to reach a settlement with your spouse, or we can go to court and fight for your rights if necessary. Either way, you can trust that we will take the time to get to know you, understand your concerns, and craft a strategy that is responsive to your needs. If you are considering filing for divorce in New York City, Nassau or Commack, or if you have been served with divorce papers from your spouse, call our experienced and dedicated Commack divorce lawyer today.
New York Divorce Process
Every state has a residency requirement that must be met to file for divorce. In New York, either spouse must have been a resident of the state for at least two years, or one year if married in the state, lived in NY as a married couple, or the grounds for divorce occurred here. If both spouses are New York residents and the divorce grounds happened in the state, then the residency requirement has been met.
The divorce process begins with one spouse filing a summons and complaint for divorce in the local county court (Supreme Court). The summons and complaint should set out the grounds for divorce as well as what you are wanting to get out of the divorce. A copy of the summons and complaint are served on the other spouse who then files an answer with the court, agreeing or disputing allegations in the complaint and stating what they want out of the divorce. Failure to respond timely can result in a default judgment entered in favor of the filing spouse.
New York was the last state in the country to recognize no-fault divorce and is one of the few states to continue to have fault-based grounds for divorce. For a no-fault divorce, you’ll need to demonstrate an irretrievable breakdown in the marriage that has lasted at least six months, and you’ll need to resolve all issues related to marital property, child custody and support. Each fault-based ground has its own criteria that must be met as well.
The parties will then proceed to settle their differences through negotiations, mediation, or trial. During this time, the court will enter automatic orders requiring the parties to preserve the status quo while issues such as property and support can be worked out. Under the automatic orders, the parties are restricted in their ability to sell or transfer marital property, incur unreasonable debts or borrow against the family home, etc. Insurance policies in effect should be kept up as well without making any changes in beneficiaries.
To assist the parties and the court in resolving outstanding issues, both parties will be required to complete compulsory financial disclosures to each other and the court regarding their respective financial states, including filing a sworn statement of net worth.
The court can order one party to pay temporary maintenance (alimony) to the other party while the divorce is pending, unless maintenance was waived in a valid prenuptial or postnuptial agreement. Temporary maintenance is calculated according to statutory guidelines, although the court can adjust the amount if the formula result is inappropriate or unjust.
How Our Experienced Long Island Divorce Lawyer Can Help
A divorce does more than just dissolve a marriage; it permanently impacts your legal rights in several ways. It is not, therefore, something you should consider doing without a lawyer. Your attorney will make sure your rights are protected now and into the future and will guide you through the process so that it completes as smoothly and successfully as possible. At the Law Office of Joshua Adam Kittenplan, we use our accomplished skills to ensure that your divorce gets done efficiently and effectively. What’s more, we take the time to listen to you and make sure that your needs and concerns are heard when it comes to vital matters such as:
- Post-divorce maintenance
- Equitable distribution of marital property
- Child support
- Child custody
You’ll receive personal attention and ongoing communication from our office, plus access to our lawyer whenever you need him. You will be heard, and you will receive legal representation that is responsive to your needs.
Contact the Law Office of Joshua Adam Kittenplan Today
A divorce might be in your best interests, but it is a serious step that changes your life and future in many ways, and it is not a step that should be taken lightly or without the guidance and help of a skilled and dedicated attorney like you will find at the Law Office of Joshua Adam Kittenplan. Call our experienced Commack divorce lawyer today to share your concerns over a no-cost, confidential consultation.