Understanding the New York Divorce Process

Each state in the U.S. has its own legal process for divorce. New York was the last state in the nation to pass a law allowing for no-fault divorce, meaning that fault such as adultery or severe abuse is not necessary to file for divorce. The two parties need only testify under oath that the marriage is irretrievably broken. One of the most important steps in the New York divorce process, however, is to hire a knowledgeable and experienced Long Island divorce attorney to guide you through each step and to fight relentlessly for your rights. Contact Samuelson Hause & Samuelson, LLP right away if you are looking to file for divorce in New York.

Separation vs. Divorce

In some cases, a couple may want to obtain a legal separation instead of filing for divorce. Separation can be filed amicably between two compliant parties, or it can be litigated in court when the spouses are at odds. Either way, once a Degree of Separation or a Judgment of Separation has been issued, the parties must live apart for one year before they can file for divorce. They can also continue living separated for as long as they like, still receiving the legal and financial benefits of marriage without having to live with their spouse.

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Types of Divorce in New York

Once divorce is decided upon, there are two means by which it can be obtained. If the two spouses are in agreement about the divorce and believe that they can come to an agreement by negotiating with each other, they can pursue a divorce through either collaborative law or divorce mediation. If problems arise and the parties end up disagreeing on any point, litigation may become necessary so that a final judgment can be made on the issue. Cases involving litigation are known as a contested divorce.

Divorce litigation is necessary whenever the two spouses cannot agree on any area of their divorce, however small. They issue will be brought before a judge, where each party will argue their case. The judge will then make a decision and enter a judgment to settle the issue. This is usually necessary for disputed issues such as equitable distribution, child custody, child support, maintenance (alimony), visitation, and modification of court orders. If either party believes that the decision of the judge contains an error in applying the law or that it based upon a mistake in applying the facts, an appeal can be brought before a higher court.

Hire a Lawyer with Highest Rankings by Martindale-Hubbell®

Throughout each of these processes, the success of your case depends heavily on the skill and experience of your family law attorney. The complexity of filing for and obtaining a divorce can leave you confused, with countless questions in need of answers. Don't go through this difficult and emotional process alone. Speak with a Long Island divorce attorney from Samuelson Hause & Samuelson, LLP right away! Two of our attorneys have received the highest rankings for professional excellence and ethical standards by Martindale-Hubbell® and the firm can use their experience and professionalism to benefit your divorce case.

Contact a Skilled Divorce Attorney on Long Island

Our team of skilled family law attorneys serves to assist clients through the process of divorce as quickly and stress-free as possible. Elliot Samuelson and Wendy Samuelson were included in the Ten Leaders Matrimonial and Divorce Law on Long Island. We have also been selected for inclusion in New York Super Lawyers® and Attorney Elliot Samuelson and Attorney Richard Hause have consistently been named in The Best Lawyers in America®. Find out what our accomplished and capable legal team can do to help you through your divorce case. Contact us today by calling our firm or by completing our online case evaluation.

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