Long Island Divorce Lawyer

How Long Does a Divorce Take in Long Island?

In New York, there is no formal waiting period for a divorce decree to be entered by a judge. This means that New York State uncontested divorces can be finalized in a matter of weeks as long as both parties are able to complete and file the necessary paperwork and pay all fees in a timely manner. They need only wait for a court appointment to present their divorce decree to a judge to be entered and the divorce finalized.

Contested divorces in New York can take much longer, whether it be several months, a year, or more. The length of a contested divorce case depends on court schedules and how long it takes a judge to come to final decisions on each aspect of the divorce, such as property division, custody, support, etc.

Want to make sure your divorce is as quick, smooth, and cost-effective as possible? Call Friedman & Friedman PLLC, Attorneys at Law today at (516) 688-0088 to learn how we can help.

What Are the Grounds for Divorce in New York?

As of August 15, 2010, New York Divorce Law has changed. A person is now entitled to allege that the marriage has been irretrievably broken for at least six months and that person can then obtain a divorce. For more information about how the change in the law might affect you, please don't hesitate to contact our law firm in Nassau County today.

The other six grounds for divorce in New York include:

• Cruel and Inhuman Treatment: Cruel and inhuman treatment is a clear reason for divorce in the state of New York. This category can involve a wide variety of verbal and physical assaults. This reason for divorce can cause a petition to be granted quickly and often results in the victim receiving much of what they want in a divorce settlement.
• Abandonment: One married partner cannot simply abandon their partner for long stretches of time in the state of New York. Such abandonment can easily be grounds for divorce in the state. An individual would have to bring convincing proof to a judge that their partner had been away for a significant period of time in order to win a divorce on these grounds. The question of locking out another spouse can also lead to a divorce on the grounds of abandonment. One partner must think carefully and act cautiously if they are ever considering locking their partner out of a jointly owned house.
• Imprisonment: If a spouse has been in jail for three or more years in a row beginning after marriage, there is a ground for divorce. Once your spouse has spent three consecutive years in jail, you can file for divorce while they are still in jail or up to five years after they are released from jail.
• Adultery: Adultery is no longer considered a crime in New York. But it can still be a grounds for divorce. The act of adultery involves a betrayal of trust that strikes at the core of most marriages. This scenario, if proven, can be incredibly influential for a judge who is making decisions surrounding a divorce. Proving adultery can be difficult, however. It only holds up if there is significant evidence for the affair and proof that both parties did not accept the affair in advance.
• Divorce After a Legal Separation Agreement: A separation agreement involves both parties signing on to a statement declaring that they have been separated for a significant period of time.
• Divorce After a Judgment of Separation: A judgment of separation is a determination by a judge that two people have been separated for an extended period of time. This judgment often emerges when one member of the divorce fails to respond to a motion from the court or the other party in the divorce. Such a decision leads to the judge agreeing with the filing party and making a judgment stating that he or she believes that both parties have been separated for a significant period of time.

How Much Does a Divorce Cost in New York?

Initially, your cost will be influenced by whether your divorce is contested (challenged) or uncontested (agreed upon). An uncontested divorce can cost far less, depending on how you handle your negotiations. A contested divorce will bring you to court, increasing the cost significantly.

When your divorce goes to court, you are paying for all the work your divorce lawyer does. This includes all meetings. Within the trial, your attorney may conduct investigations, introduce evidence, question witnesses, and more. The time spent in court is charged as well. Moreover, you may be asked to pay your spouse’s attorney fees, depending on each spouse’s financial circumstances.

If you and your spouse can work together, making all necessary decisions without conflict, you have only court and filing fees. This, however, is an unrealistic expectation for many divorcing couples.

You may be more successful with mediation. In this process, you will pay a neutral, legal processional to help you negotiate the terms of your divorce. All necessary decisions will be made together, and your mediator can help you communicate when negotiations break down. This will add to the cost of your divorce, but it will be far less expensive than going to court. Our firm can help with mediation, facilitating these talks.

The most expensive option in an uncontested divorce is a collaborative divorce. In this process, each spouse has their own divorce attorney, but everyone works together. Spouses meet with their individual attorneys, expressing their needs. Afterward, all parties meet to hammer out the details. You can also bring in financial experts, child psychologists, and other mental health professionals, adding to your expense. This process is not cheap, but the result can be emotionally satisfying. If you can afford it, we recommend this option for your uncontested divorce.

All divorcing couples can expect the following expenses in New York:

• Index number (official number placed on all your files): $210
• Uncontested divorces, at the bare minimum, cost at least $335
• On average, a New York divorce costs $17,100
• You may qualify to waive court fees, depending on your financial hardship.

Our family law team is ready to work with you. We may be able to negotiate a fee with you, allowing you to move forward with less worry.

Is New York a 50/50 Divorce State?

The state of New York divides property equitably, not necessarily a split down the middle. During the divorce proceedings, if either spouse contests the division of property, a judge may step in to evaluate the property and divide based on what is considered marital assets and/or debts. Separate property will not be included.

Separate property consists of:

• Property either spouse acquired before marriage
• Inheritances or gifts
• Property deemed separate property that was established in a prenuptial or postnuptial agreement
• Compensation for personal injuries to either spouse
• Property acquired from the proceeds or appreciation in the value of a separate property unless that appreciation was due to the efforts and/or contributions of the other spouse

Factors that impact marital asset and property division include:

• Duration of the marriage
• Age and health of each spouse
• Income of each spouse
• Each spouse’s separate property
• If the parent with custody of the children will need to reside in the family home

What is an Uncontested Divorce?

Most people think of heated courtroom battles when they think of divorce, but the truth is that most divorces are settled outside of court. Mediation and collaborative law are two means of getting a divorce decree when the matter is uncontested.

Mediation is when both parties in a divorce are guided by a neutral, third-party mediator as they work out the terms of their divorce agreement together. Collaborative divorce is when each party retains their own divorce attorney in Long Island, NY for counsel, but still, meets outside of court to negotiate each aspect of their divorce agreement.

Usually, the only time the parties must step into a courtroom during a New York State uncontested divorce is when they present their divorce agreement to a family law Judge to be entered and finalized.

Do you both want a divorce in Nassau County, New York? Learn more about out-of-court options: (516) 688-0088.