Long Island Family Law Attorneys Explain How to File for Divorce in New York.
Guiding families through divorce.
Much of the anxiety Long Islanders feel about divorce comes from a lack of understanding about the process. Consulting a knowledgeable attorney can help your peace of mind since you’re liable to discover options you didn’t know you had. With over 35 years of experience helping Nassau & Suffolk County residents through a divorce, Simonetti & Associates appreciates how important your decision-making is to resolving your case, and how much you depend on good information and sound advice. We take a personal interest in the outcome of your case and strive to achieve the best results possible. We value communication during divorce, so we provide constant updates throughout your case. Our dedication to client care minimizes your stress as we help you finalize your divorce in the most amicable manner possible.
Filing for a contested divorce in New York.
Filing a contested divorce in New York is similar to filing any other civil lawsuit. As the filer, you are the plaintiff, and your spouse is the defendant. The required steps are as follows:
- The plaintiff files a complaint or summons with notice at the county clerk’s office. The complaint must allege grounds for the divorce (including no-fault grounds) and request how the plaintiff wants ancillary issues, such as spousal support, property division, and child custody, handled. Fees apply.
- The plaintiff directs a qualified third party to serve a copy of the filed paperwork to the other spouse, the defendant, within 120 days of the filing.
- The defendant has 20 to 30 days to file an answer or face a default judgment. The defendant must serve the answer to the plaintiff.
- The plaintiff has 45 days to request judicial intervention (RJI). A fee applies. However, if both parties file a notice of no necessity, the plaintiff has 120 days to file.
- The court schedules a preliminary conference within 30 to 45 days of the filing of the RJI.
- The plaintiff and the defendant must exchange net worth statements no later than 10 days before the preliminary meeting.
- Both parties attend the preliminary conference. During the divorce process, the judge decides on temporary measures, such as spousal support and child support, and determines whether an order of protection is necessary. The judge also sets the schedule for exchanging financial documents and other information during the discovery period.
- The court may schedule a compliance conference to ensure that both parties are on schedule with their required information exchange, though often, a compliance conference is not necessary.
- After the compliance conference, if the court is satisfied that the discovery is complete, the judge will direct the plaintiff to file a note of issue and a certificate of readiness. The court will then set a date for trial, usually no later than six months from the date of the preliminary hearing.
- If the parties cannot reach an agreement to settle the material issues, the case goes to trial before a judge, who then decides the terms of the divorce.
Exploring your alternatives to a contested divorce.
The traditional contested divorce is the costliest and most time-consuming form available in New York. Since Simonetti & Associates is determined to provide quality service while controlling costs, we often recommend measures that expedite the process:
- Uncontested divorce: Couples who agree that their relationship is over can dissolve their marriage through a negotiated process. Usually, the process begins before either party files. Both spouses retain an attorney to negotiate all the ancillary issues, such as child custody, asset division, and spousal support. They can present the court with a signed divorce settlement agreement if they succeed. If negotiations stall, they have a partial agreement and can mediate the remaining issues or ask the court to decide.
- Collaborative divorce: This is another method of achieving an uncontested divorce. Unlike traditional negotiation, where the threat of litigation hangs overhead, each party and each party’s divorce lawyer pledge not to take the case to trial. Instead, they work cooperatively toward a mutually beneficial resolution. The goal is to forge a divorce settlement agreement the court can approve.
Areas Of Practice
- Adoption
- Alimony
- Child Custody
- Child Custody Modification
- Child Support
- Collaborative Law
- Complex Divorce
- Divorce
- Equitable Distribution of Assets
- Fathers’ Rights
- Martial Property
- Mediation
- Orders Of Protection
- Pre/Postnuptial Agreements
- Relocation
- Same-Sex Adoption
- Same-Sex Divorce
- Separation Agreements
- Uncontested Divorce
- Visitation
Contact Simonetti & Associates for a free consultation about the divorce process.
If you are going through a divorce on Long Island, call 877-385-2560 or contact us online to arrange your free consultation. We offer flexible office hours at our offices in Syosset and Water Mill.
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Divorce is stressful, but add high net worth into the mix and it becomes much more emotionally and financially complicated. At Simonetti & Associates located in Suffolk County, New York, we are here to ease your worries about high asset divorce. High asset divorces are considered to be more challenging than other divorce cases because […]
Read MoreGrey Divorce
What is a Grey Divorce? A grey divorce is a divorce that involves two older people who have been married for 20 years or more. Nearly 1 in 4 people who are experiencing divorce are over 50 years old. Splitting up later in life is on the upswing for people aged 50+ and like any […]
Read MoreYour Inheritance and Your Divorce
When two people divorce, many questions arise. One of the most common questions is whether one party may claim rights to another party’s inheritance funds acquired during the marriage. What you do with the assets upon receipt may influence whether you will have to part a portion of those assets upon divorce. At Simonetti & […]
Read MoreGrandparents Rights on Long Island
Do you live on Long Island and have questions regarding grandparent rights during a divorce? It is important to know some of the rights grandparents have regarding their grandchildren during this difficult time. Here at Simonetti & Associates, we can help you understand your rights and file a case. It may come to surprise to […]
Read MoreMilitary Divorce on Long Island
Divorces between members of the military and non-members are not too far different from regular civilian divorces, however, some special rules exist that one must understand prior to beginning the process of divorce. Overall, the grounds for divorce between a service man or woman and their spouse are the same as the grounds for a […]
Read MoreDivorce vs. Annulment in NY
We’ve all made mistakes. Most of the time, we have to learn to live with those mistakes as we try to make better choices in the future. However, every once in awhile we make mistakes that, for whatever reasons, we do not feel we could learn to live with without harmful consequences. In this case, […]
Read MoreFinancial Fraud and Divorce
Financial fraud is a deception that is hard to accuse and even harder to understand, especially if assets have been joined over the course of your marriage. Many victims of financial abuse are at a higher risk of being a victim of fraud. Conspiring spouses can and will hide assets from their partner’s in different […]
Read MoreAlimony in New York State
Alimony Alimony payments are important to consider in any divorce. Alimony is a husband or wife’s court-ordered provision for a spouse after a divorce, and it is more likely to be paid by the spouse who earns more money. Furthermore, alimony is typically for marriages that lasted several years. In a divorce situation, it is […]
Read MoreDeath of Spouse During the Divorce Process
Divorce is a difficult decision that will affect the remainder of your life. However, with a good lawyer, the difficulties of the process can be eased. Lawyers can help with the following divorce-related issues: child custody and visitation alimony child support the distribution of property/assets protection orders prenuptial and postnuptial agreements Lawyers can also help […]
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