What to Expect in Divorce

Family Law Attorneys in Long Island Explain the Process

Divorce is a confusing and complex legal process that varies from state to state. If you are considering a divorce in New York, it is very important that you consult a Long Island divorce attorney before you take the first step and file for divorce. Only an attorney will have the knowledge and experience to counsel you and help you know what to expect throughout the process of divorce mediation or litigation. Contact Samuelson Hause PLLC to have your case reviewed by a divorce lawyer who can help. We not only provide the counsel and aggressive litigation that your case may require, but we also ensure that our clients have the emotional support and guidance that they need during and after their divorce.

Be Aware of These Important Divorce Issues

The first thing you should know in a divorce is the jurisdiction under which you'll need to file. According to New York State law, you can only file in the county where:

• The two parties were married and one party has resided for at least one continuous year immediately prior to filing
• Both parties have resided as husband and wife and at least one party has resided for at least one year prior to filing
• Cause or fault occurred and at least one party has resided for at least one year prior to filing
• Cause or fault occurred and both parties are residents at the time of filing
• Either party has been a resident for a continuous period of at least two years immediately prior to filing

After you've determined the correct jurisdiction under which to file, you or the other party will request a divorce and the other spouse will be served a summons and complaint. The recipient will then an answer and Counterclaim when applicable. Occasionally, hearings will be held for temporary court orders for child custody, child support and maintenance (alimony), residency issues, protection (especially for cases involving domestic violence), and others. 

Clients also have the option to decide whether to pursue divorce through mediation or collaboration, or they can pursue a divorce through litigation. In either case, the spouses will have to undergo the discovery process to uncover any and all assets and property that are eligible for equitable distribution. A settlement can then be reached, or the case can go to trial so that verdict can be reached by a judge. Appeals could then be made if the decision is unsatisfactory. Modifications of court orders can also be requested, as can enforcement of court orders when the other party fails to obey the order.