Last Updated on: 19th October 2023, 10:41 pm

Long Island Divorce Lawyers: A Helpful Guide

Residency Requirements

In order to file for divorce in New York, you or your spouse must have been living in the state for a continuous period of at least two years prior to commencing the divorce action[1]. This is known as meeting the residency requirements. There are some exceptions – for example, if the grounds for divorce occurred in New York, the residency requirements may be waived[2]. But in most cases, you’ll need to satisfy the two-year rule.

Grounds for Divorce

New York is a “no-fault” divorce state, meaning you can get divorced without proving fault or wrongdoing on the part of your spouse. The only ground required for divorce is that the relationship has broken down irretrievably for a period of at least six months[3]. This ground is used in the vast majority of divorces today. However, there are also some fault-based grounds that can be asserted, such as adultery, imprisonment, or cruel and inhuman treatment[4]. Your lawyer can advise you on which grounds make the most sense for your situation.

Starting the Divorce Case

To initiate divorce proceedings in New York, one spouse (the plaintiff) must file a Summons with Notice or a Summons and Verified Complaint with the County Clerk’s office in the county where either spouse resides[5]. This document commences the action and notifies your spouse that you are seeking a divorce. Your spouse (the defendant) will need to formally respond within 20 or 30 days, depending on how they were served. Contested divorces can become adversarial at this stage as major issues are disputed.

Discovery and Financial Disclosures

After the initial filings, the discovery process begins. This involves gathering information and documents from each other relating to finances, assets, incomes, expenses, and anything else relevant to reaching a settlement[6]. Full financial disclosure is required. Your lawyer can use various discovery tools like document requests, interrogatories, depositions, and subpoenas to get the information needed. Refusing to cooperate with discovery can negatively impact settlement negotiations.

Negotiating a Settlement

Most divorces (over 90%) settle out of court through negotiation and mediation. Your lawyer will work with you to determine your priorities and negotiate a fair written settlement agreement covering all issues like asset division, spousal support, child custody and support, and more. Having an experienced negotiator on your side is extremely helpful in securing favorable terms. If negotiation fails, the case goes to trial.

Divorce Trial

In a litigated divorce, all unresolved issues go to trial before a judge. Each spouse testifies, presents evidence, and makes their case. The judge then decides on all disputed matters like property division, alimony, child custody, and child support based on the evidence and the law. Trials are time-consuming, expensive, and the outcome is unpredictable, so settlement is usually preferable. But sometimes it’s the only option.

The Divorce Judgement

Once all issues are resolved via settlement or trial, the divorce judge signs the final judgement of divorce. This legally finalizes the dissolution of the marriage. In New York, divorces are not final until signed by a judge and filed with the court, even if you reach a settlement. The judgement will lay out all binding terms like asset division, spousal support, and child custody arrangements. This closes the case.

Modifying Divorce Judgements

If circumstances change substantially after the divorce, like income fluctuations or relocation, either party can file a motion to modify the original judgement. The court will only approve modifications if there has been a significant unanticipated change in circumstances since the judgement was issued. This requires going back to court.

Enforcing Divorce Judgements

If one spouse fails to comply with any aspect of the divorce judgement, like paying support or abiding by custody terms, the other can file a motion for civil contempt to enforce the judgement. The court can use remedies like wage garnishment or suspension of driver’s licenses to enforce compliance. Your lawyer can pursue enforcement if needed.

How Lawyers Help

Having a knowledgeable divorce lawyer on your side from start to finish makes the process much smoother. Here are some of the key ways a lawyer can help:

• Advise you on the law and your rights/options
• Guide you through preparing forms and filings
• Represent you in negotiations to get optimal terms
• Obtain necessary financial documents through discovery
• Provide insight on the value of assets
• Work with appraisers, actuaries, or accountants
• Anticipate issues that may arise and strategize solutions
• Handle communications, court appearances, filings, and deadlines
• Negotiate skillfully and aggressively to protect your interests
• Take your case to trial if settlement can’t be reached
• Ensure the final judgement reflects your negotiated terms
• Explain and assist with any post-divorce issues or actions

Having a lawyer handle the legal complexities allows you to focus on your family and future. It can give you greater peace of mind knowing your rights are being protected.

Choosing the Right Lawyer

Not all divorce lawyers are equal. It’s important to do your research to find the best one for your needs. Here are some tips:

• Experience: Look for a lawyer with extensive divorce experience. Check their background and client reviews.
• Specialization: Find someone who focuses specifically on divorce and family law, not a generalist.
• Personality: Make sure your personalities and working styles mesh well. You’ll be working closely together.
• Communication: Choose a lawyer who is responsive, clear, and keeps you informed.
• Negotiation skills: Opt for an aggressive negotiator to secure the best settlement.
• Courtroom skills: If your case may go to trial, select a lawyer with strong litigation experience.
• Resources: Bigger firms may have more staff, experts, and research capabilities to draw on.
• Affordability: Be upfront about your budget constraints. Shop around for reasonable rates.
• Reputation: Look for a lawyer respected by peers and judges. Check awards and memberships.
• Ethics: Verify disciplinary records. Unethical conduct is a red flag.
• Location: Convenient proximity to the courthouse can be helpful for meetings and filings.

Take time to meet with a few potential lawyers in person before deciding. Many provide initial consultations free of charge. Go with your gut feeling on who will represent you best.

The Divorce Process Step-by-Step

While every divorce is unique, most follow a similar trajectory. Understanding the standard process in New York can help you prepare. Here are the typical steps:

1. Meet with lawyer: Discuss your situation and options. Get advice on next steps.
2. File initial paperwork: Your lawyer will prepare and file the summons and complaint starting the action.
3. Service of process: Your spouse must be formally served with divorce papers per legal requirements.
4. Automatic financial restraining orders: Standard restrictions on selling assets, incurring debt, etc. take effect once served.
5. Answer and counterclaim: Your spouse responds to your filing and can make their own claims.
6. Discovery: Information and documentation is exchanged related to finances, assets, and other relevant factors.
7. Settlement negotiations: Your lawyer works to negotiate favorable settlement terms for you regarding all issues.
8. Parent education class: If you have minor children, you must complete a class on impacts of divorce on kids.
9. Mediation: A neutral third-party mediator may help you and your spouse reach consensus on areas of disagreement.
10. Trial: If no settlement is reached, the case goes to trial where a judge makes all decisions.
11. Final judgement: Once settled or adjudicated, the judge signs the final divorce judgement legally ending the marriage.
12. Post-divorce issues: Your lawyer can assist with any modifications, enforcement actions, appeals, or other issues that arise later on.

Having a basic roadmap of what to expect can make the process feel less daunting. Your lawyer will guide you through each step.

Costs and Fees

The cost of divorce varies substantially based on the complexity of the case and whether it settles out of court or goes to trial. Simple, uncontested divorces can cost a few thousand dollars, while highly contested litigation with custody disputes and business valuations can cost tens or even hundreds of thousands.

Most divorce lawyers work on an hourly fee basis, ranging from $200-$500+ per hour depending on experience and reputation. You may also incur costs for things like court filing fees, process servers, expert witnesses, business valuations, etc. Some lawyers offer flat-fee options for clearly defined scopes of work. Be sure to understand the lawyer’s fee structure and get a written fee agreement. If cost is a major concern, let the lawyer know upfront so they can suggest ways to streamline the process and keep fees down.

Financial Issues in Divorce

Money issues are central to most divorces. Here are some of the key financial factors to be aware of:

• Asset division: All marital property like real estate, cars, investments, retirement accounts, etc. must be divided equitably. The exact 50/50 split can vary based on circumstances.
• Valuing assets: The court will determine fair market values. Expect appraisals, business valuations, and forensic accounting.
• Alimony: One spouse may be entitled to ongoing spousal support/alimony if there is a financial imbalance after divorce.
• Child support: The higher earning spouse will pay guidelines-based child support until the child turns 21.
• Health insurance: One spouse may have to maintain health coverage for the other and/or children.
• Taxes: Tax implications must be examined for asset division, alimony, retirement accounts, ownership changes, etc.
• Debts: Marital debts like mortgages, credit cards, loans, etc. will be allocated fairly between spouses.