Understanding the New York Divorce Process
Samuelson Hause & Samuelson, LLP Has Extensive Trial and Appellate
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.
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
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
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
the highest rankings for professional excellence and ethical standards
by Martindale-Hubbell® and the firm can use their experience and professionalism to benefit your
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
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.