Garden City, NY Divorce Lawyer
NY State Attorney Anthony J. LoPresti Helps You Move Forward
Divorce can significantly impact many areas of your life, including your finances, family relationships, emotional health, and living arrangements.
Some of these changes may be positive, and others can be difficult.
That’s why it is crucial to seek legal representation from a skilled and experienced divorce lawyer in Garden City who will pursue the best possible situation for you.
Anthony J. LoPresti provides high-quality legal counsel to people going through a divorce throughout Long Island. Call (516) 252-0223 today to arrange a consultation.
What are the Grounds for Divorce in New York?
In the State of New York, you no longer need to prove fault to obtain a divorce.
Ex-spouses who no longer wish to be married with irreconcilable differences should agree to a no-fault divorce. A no-fault divorce is used based on the irretrievable breakdown of the relationship over the previous six months. The base number of no-fault divorces is over 98% of divorces.
The remaining grounds are fault-based, meaning that one spouse has acted in a way that justifies divorce. New York law recognizes the following categories as sufficient grounds for divorce:
- Cruel & inhuman treatment — Verbal, physical, or emotional abuse has occurred, making it unsafe for one spouse to live with the other.
- Constructive abandonment — Physical abandonment, including sexual abandonment for one year or more.
- Three consecutive years imprisonment — One spouse has been in jail for three or more years in a row, beginning after the marriage.
- Adultery — One spouse has cheated on the other. This cause must be proven using evidence and a third party.
- Separation — Living separate and apart for one or more years under a court order or agreement.
Our Garden City divorce lawyer can help you explore your options for dissolution of marriage and determine if you have adequate grounds for divorce in the State of New York.
How Long Does a New York Divorce Take?
The timeline for a divorce in New York may be different depending upon the circumstances of the filing parties.
For a divorce to be acquired based on a legal separation, the parties must live separately for a minimum of one year before submitting an action for divorce.
If you or your spouse filed for a no-fault divorce, the whole process can take 3 to 4 months.
However, if you and your ex-spouse are willing to collaborate and negotiate respectfully, it’s likely to expedite your divorce proceedings significantly. Your divorce lawyer in Garden City can provide you with a rough estimate of how long it will take you to complete your divorce.
Contact us online or (516) 252-0223 to schedule a free initial consultation with Anthony J. LoPresti, Attorney at Law.
Divorce Process in New York State
Summons and Complaint
This is the official request for divorce. One spouse serves the other spouse with a demand to end the marriage. The summons is the official document announcing the divorce is commencing.
The complaint is a two-part document, the first of which outlines the basic facts of the situation and the second of which seeks relief, such as custody, child support, and division of assets. The served party then prepares an answer to the complaint with their lawyer.
Typically, completing the summons takes up to 30 days. If the served party has no issues with the original complaint, a counter reply is unnecessary.
Arranging this hearing creates a temporary, legally binding situation before the final arrangements of the divorce. For example, temporary hearings determine custody of the child, financial support for the child and spouses, protection from domestic violence, details about where spouses will reside during the divorce proceedings, and how each spouse will use assets.
Temporary hearings might include an order for both spouses to attend co-parenting classes.
The intention behind these classes is to give divorcing spouses the tools needed to help their child deal with the separation of the family.
Discovery is the investigation phase of the divorce proceedings. It gives lawyers for both spouses the opportunity to sort through the divorce case and create a plan.
The process can include both parties exchanging information informally and testimony given under sworn oath.
Discovery includes several steps, including interrogatories, document requests, releases of information, requests for admissions, and depositions. The court might also call lawyers to provide information concerning finances or the psychological well-being of a spouse or child.
Settlement and Trial
At this point, both parties agree to reach the details of the divorce settlement.
However, if a divorce settlement is not possible because of ongoing disputes, the case will proceed to trial. During the trial, each spouse shares their story with the court.
The divorce settlement also includes testimony from witnesses and the sharing of documents from the discovery phase.
The judge creates a ruling that includes the divorce details. Each party has the option to appeal. Once all issues are settled, and further appeals are no longer an option, the divorce is final.
It is possible to request a modification concerning parts of the ruling in the future if situations change.
Contact Anthony J. LoPresti, Attorney at Law to speak to an attorney in Nassau County dedicated to improving families' lives. Call our divorce law firm in Garden City, NY at (516) 252-0223.