Smithtown Divorce Lawyer
The decision to end a marriage is never easy. Even when you know things have not been right for some time, you may be reluctant to admit the relationship is over and you need to take the first step towards divorce. The important thing to remember, however, is that you do not have to take that step alone.
At the Law Office of Joshua Adam Kittenplan, P.C., our experienced Smithtown divorce lawyers can provide you with compassionate, skilled advice during this difficult period. We represent clients throughout western Commack who need help when it comes to sorting out the legal issues arising from a divorce. Whether you and your spouse have amicably agreed to an uncontested divorce–or you are preparing for potential litigation–we are here to serve your best interests.
How Do You Begin the Divorce Process in New York State?
Historically, divorce was only permitted under the law if one spouse alleged and proved “fault” on the part of the other spouse, such as adultery, cruel and inhumane treatment, or abandonment. While that is still an option in New York, the state now permits either spouse to seek a “no-fault” divorce. This is often the better option, as it does not require anyone to establish blame for the breakdown of the marriage.
There are basically three ways to seek a no-fault divorce:
- You and your spouse have lived separate and apart for one year under the terms of a court-ordered legal separation.
- You and your spouse have lived separate and apart for one year under the terms of a written separation agreement that both of you signed.
- One spouse files an affidavit stating the marriage has “broken down irretrievably” for a period of at least six months.
If the spouses are able to agree on all of the key terms of a divorce–division of property, child custody, alimony, et al.–they can seek an uncontested divorce, which often does not require a formal court hearing. But if there are any disputed issues, a trial is often required before a New York judge. Keep in mind that many divorces start off contested but are ultimately resolved through negotiation and mediation before a trial becomes necessary. Oftentimes, by working with a skilled attorney you can increase your chances of fair and equitable settlement.
Contact Attorney Joshua Adam Kittenplan Today
Every divorce case is different. Some are resolved within a few weeks, while others may take several months. The important thing is that you should never feel overwhelmed by the process. Smithtown divorce lawyer Joshua Adam Kittenplan and his staff are here to guide you through this difficult period. We can advise you of your rights and responsibilities at each stage of your divorce case and work towards a resolution that is equitable for you and your family.
So if you need to speak with a lawyer, contact us today to schedule a free initial consultation.