Long Island Divorce Services We Handle
Rosenberg Family Law PC represents clients throughout the Long Island–New York City metropolitan area in a wide variety of divorce-related proceedings, including:
- Annulment
- Custody, visitation, & parenting rights
- Child & spousal support
- Out-of-court settlements
- Domestic violence matters
- Prenuptial & antenuptial agreements
- Cohabitation & separation agreements
- Abuse & neglect proceedings
- Paternity issues
- Modification & enforcement
- LGBTQ+/Non-traditional family matters & domestic partnership issues
- Collaborative law, mediation, & alternative dispute resolution
What Are the Different Types of Divorces in NY?
Types of Divorces Available in New York:
- Contested Divorce: This occurs when spouses cannot agree on one or more terms of the divorce, such as asset division, child custody, or spousal support. Contested divorces often require court intervention and can be lengthy and complicated.
- Uncontested Divorce: In an uncontested divorce, both parties agree on all significant issues, including property division and custody arrangements. This type of divorce is generally quicker and less expensive than a contested divorce.
- No-Fault Divorce: New York allows for no-fault divorce, where one spouse can file based on irreconcilable differences. This simplifies the process as there is no need to prove wrongdoing.
- Fault Divorce: A fault divorce requires one spouse to prove that the other spouse is at fault for the marriage's breakdown. Grounds for fault include adultery, cruelty, abandonment, or imprisonment.
Essential Steps in the Divorce Process
Divorce involves several key components, and understanding each step can help reduce anxiety and confusion:
- Filing for Divorce
The process begins when one spouse files a divorce petition with the court. This document outlines the reasons for the divorce and the terms being sought. The petition must be served to the other spouse, who then has the opportunity to respond. - Discovery
Discovery is a critical phase in the divorce process where both parties exchange financial information and relevant documents. This can include income statements, tax returns, bank statements, and documentation of assets and debts. Transparency during this phase is vital for equitable division of property. - Negotiation & Mediation
Many divorcing couples opt for negotiation or mediation to resolve disputes amicably. Mediation involves a neutral third party who helps facilitate discussions between spouses to reach a mutual agreement. This approach can save time and reduce costs compared to litigation. - Court Proceedings
If the parties cannot reach an agreement, the case proceeds to court. Both spouses present their cases, including evidence and witnesses, and a judge will decide any contested issues. Court proceedings can be time-consuming and emotionally taxing. - Finalizing Your Divorce
Once all issues are resolved, either through agreement or court ruling, a judgment of divorce is issued. This document finalizes the divorce and outlines the terms, including asset division, child custody, and spousal support.
Key Considerations During a New York Divorce
Several factors can significantly impact the divorce process and its outcomes:
- Property Division: New York follows the principle of equitable distribution, meaning that marital assets are divided fairly, though not necessarily equally. Factors that influence property division include the length of the marriage, each spouse’s contributions, and the financial situation of both parties.
- Child Custody & Support: When children are involved, custody arrangements must be determined. The best interests of the child always guide decisions. Factors considered include the child’s age, each parent’s relationship with the child, and the ability to provide a stable environment. Child support calculations are based on the income of both parents and the needs of the child.
- Spousal Support: Spousal support, or alimony, may be awarded to one spouse for financial assistance after divorce. The court considers factors such as the length of the marriage, the financial needs of the requesting spouse, and the other spouse’s ability to pay support.
We frequently counsel clients on managing tax implications, preserving business interests, and addressing marital debts during divorce. In Nassau and Suffolk, variations in real estate values or asset ownership structures often affect both negotiations and court decisions. Understanding how local market trends and family-owned businesses play a role can help you anticipate the likely distribution of assets and tailor your approach during settlement proposals or trial.
Frequently Asked Questions
How are assets divided during a Long Island divorce?
Assets are divided based on New York’s equitable distribution law, which means the court aims for a fair—not necessarily equal—division of marital property. Factors considered include the length of the marriage, each spouse’s contributions, and the value of marital versus separate property. Nassau and Suffolk counties follow these standards while also considering local assets like co-owned real estate or business interests.
Do I have to appear in court for my divorce?
Not all cases require a court appearance. Many uncontested divorces in Long Island proceed entirely through paperwork, while contested matters may require one or more appearances before a judge. Whether you need to appear depends on whether you and your spouse resolve issues outside of court or need a judge to intervene.
Can I modify custody or support orders after my divorce is finalized?
Yes, you can seek modification of child custody or support if circumstances change. Either parent may petition the court in Nassau or Suffolk County to reconsider orders if there is a substantial change like relocation, changes in income, or concerns about a child’s well-being. The court reviews each request based on the child’s best interests and current facts.
How long does a divorce take in Long Island?
The timeline for a divorce case on Long Island varies. Uncontested divorces, where both spouses agree on all terms, may finish in a few months if documents are correctly filed and the court docket allows. Contested divorces, especially those with complex finances or custody disputes, often take longer—sometimes a year or more.
Nassau and Suffolk County Supreme Courts receive thousands of divorce filings annually, so court calendars, judicial availability, and your case’s specifics can impact your expected timeline. Delays can happen if a party contests issues or if the court requires extra documentation.
Contact our office at (516) 212-9211 or through our website to arrange an initial consultation with our skilled divorce attorneys in Long Island.