Nassau County Divorce Lawyer

Grounds for Divorce in New York

In New York, grounds for divorce can be classified into two main categories: no-fault and fault-based. Understanding these grounds is essential for anyone considering divorce in the state. Here’s an overview:

No-Fault Grounds

• Irretrievable Breakdown: This is the most common ground for a no-fault divorce. It means that the marriage has been irretrievably broken for at least six months. No specific wrongdoing by either spouse needs to be proven.

Fault-Based Grounds

• Adultery: If one spouse engages in a sexual relationship outside the marriage, this can be cited as grounds for divorce.
• Cruel and Inhuman Treatment: This involves behavior that endangers the physical or mental well-being of a spouse, such as emotional abuse or physical violence.
• Abandonment: If one spouse leaves the other for a continuous period of one year or more without consent or justification, it can be grounds for divorce.
• Confinement in Prison: If a spouse has been incarcerated for three or more consecutive years, the other spouse can file for divorce on this basis.
• Alcohol or Drug Addiction: If one spouse is addicted to alcohol or drugs and it negatively affects the marriage, this can be grounds for divorce.

Common Types of Divorce

In New York, there are two primary types of divorce: contested and uncontested. An uncontested divorce occurs when both parties agree on all major issues, including division of property, child custody, and support. This type of divorce is generally quicker and less costly. Conversely, a contested divorce arises when there are disagreements, requiring court intervention to resolve the disputes.

Divorce Process in New York

Here are ten steps that each divorce might require, which can vary based on the specific circumstances and type of divorce:

1. Consultation with an Attorney: Begin by meeting with a Nassau County divorce attorney to discuss your situation, options, and the best approach for your case.
2. Gathering Financial Documents: Collect all necessary financial documents, including bank statements, tax returns, pay stubs, and property deeds to prepare for negotiations and court filings.
3. Filing the Divorce Petition: The divorce process starts with one spouse filing a divorce petition with the court, stating the grounds for divorce and any requests for custody, support, and property division.
4. Serving the Divorce Papers: After filing, the petitioner must serve the divorce papers to the other spouse, formally notifying them of the proceedings.
5. Response from the Other Spouse: The receiving spouse has a specified period to respond to the petition. They may agree or contest the terms laid out.
6. Negotiation of Terms: Both parties may negotiate terms such as child custody, child support, spousal support, and division of assets. This can occur through direct negotiation, mediation, or collaborative law.
7. Discovery Process: Engage in the discovery process, where both parties exchange relevant information and documents related to finances, assets, and any other pertinent issues.
8. Court Hearings: Attend court hearings as required, especially in contested divorces, to present evidence and arguments regarding any disputed issues.
9. Finalizing the Divorce Agreement: Once an agreement is reached, it must be formalized in a divorce settlement agreement, which outlines all terms of the divorce.
10. Obtaining the Final Judgment: The court will review the settlement agreement, and once approved, will issue a final divorce decree, legally ending the marriage and implementing the terms agreed upon.

These steps provide a framework for navigating the divorce process, but specific circumstances may lead to variations in the steps required. Consulting with a qualified attorney can ensure that all necessary steps are properly executed.

Let our Nassau County divorce lawyer guide you. Schedule your free consultation by calling us at (631) 496-1484 or contacting us online today

Key Issues in Divorce Proceedings

Several critical issues must be addressed during divorce proceedings, including:

Division of Property

New York follows the principle of equitable distribution, meaning that marital property is divided fairly but not necessarily equally. Marital property includes assets acquired during the marriage, while separate property consists of assets owned before the marriage or inherited during the marriage.

Determining what constitutes marital versus separate property can be complex, and having a Nassau County divorce attorney can help protect your interests.

Child Custody and Support

If children are involved, custody arrangements must be established. New York courts prioritize the best interests of the child when determining custody, which can be sole, joint, or a combination of both. Child support obligations are also determined during this process, based on both parents’ income and the child’s needs.

Spousal Support (Alimony)

Spousal support, or alimony, may be awarded to one spouse to provide financial assistance during and after the divorce. Several factors influence spousal support decisions, including the duration of the marriage, the standard of living established during the marriage, and the recipient spouse’s financial needs and earning capacity.