Suffolk, Nassau & Queens County Divorce Attorney
Long Island Contested/Uncontested Divorce Lawyer
When a marriage is abusive or when your marriage is just not working out, the best option may be for both parties to pursue a divorce. Divorce is also referred to as dissolution of marriage which occurs when a marriage is legally terminated. Whether your divorce is amicable or involves litigation, having an experienced attorney to represent you will ensure that your interests are protected.
Spouses may have standing to commence a divorce action in New York if they meet one of the following residency requirements:
(New York Residency Requirements)
- Both spouses were married in New York as husband and wife and either spouse is or has been a resident of New York for a period of one year (1) prior to the commencement of a divorce action;
- Both spouses have resided in New York as husband and wife and either spouse is a resident of New York when the action commenced and has been a resident of New York for a period of one year (1) immediately preceding the action;
- Grounds for divorce occurred in New York, and either spouse has been a resident of New York for a period of one year (1) before filing for divorce;
- Or the grounds for divorce occurred in New York and both parties were residents of New York at the time of filing divorce;
- Either spouse has been a resident of New York for a continuous period of at least two years (2) immediately preceding the filing of the divorce action.
New York is one of the few states that requires “fault” as a basis for divorce. There are four main categories which act as fault grounds for divorce:
- Adultery
- Imprisonment for at least 3 years
- Abandonment for at least 1 year
- Cruel and inhumane treatment (such as domestic violence)
New York has an exception for not requiring “fault” as grounds for divorce. Spouses may obtain a no-fault divorce, otherwise known as a conversion divorce by either:
- Living separate and apart for a period of one year under a filed separation agreement or;
- Living separate and apart for a period of one year and petitioning the Court to issue a Judgment of Separation.
Many spouses elect to have their attorney’s draft a comprehensive Separation Agreement which incorporates there mutual decisions. Unlike, a Judgment of Separation, the Court intervenes on behalf of the spouses and renders a decision.
Contested Divorce vs. Uncontested Divorce in New York
Every divorce is unique. Spouses may agree on most or all of the terms of their divorce, or they may completely disagree on every aspect. Even in the case of minor disagreements, an uncontested divorce may work for some couples. In this situation, all issues may be resolved and agreed upon through skillful negotiation without the need for a trial. A divorce lawyer will prove invaluable, even in an uncontested divorce, helping to ensure that your interests and that of your children are protected. The issues that you may experience during a divorce include but are not limited to:
If there is acrimony between the spouses, a contested divorce may be the only option. In this situation, you will need an experienced divorce attorney to assist you with your litigation.
My firm has been able to help countless clients obtain uncontested and contested divorces in Supreme Courts throughout Suffolk, Nassau and Queens Counties. My extensive experience in skillfully negotiating settlements or vigorously and zealously litigating in the courtroom has proven invaluable to my clients who are going through a divorce.
Contact Long Island family law and divorce lawyer Jay D. Raxenberg today! Toll Free 1 (800) 914-8651
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