Anthony J. LoPresti Helps You Move Forward
Divorce can have a significant impact on 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 important to seek legal representation from skilled and experienced Nasseau County lawyers who will pursue the best possible situation for you.
Anthony J. LoPresti is an attorney who provides high-quality legal counsel to people going through a divorce in New York City and throughout Long Island.
Contact our skilled attorney in Nassau County at (516) 252-0223 to schedule a free one-hour consultation.
Grounds for Divorce in New York
In the State of New York, you no longer need to prove fault to obtain a divorce. For spouses who have irreconcilable differences and no longer wish to be married, a no-fault divorce based upon the irretrievable breakdown of the relationship per 6 months is utilized. In fact, over 98% of divorces are based upon a no-fault divorce. 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 and 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 must be proven using evidence and a third party.
- Separation — Living separate and apart for one or more years pursuant to a court order or agreement.
- No-fault divorce (Domestic Relations Law § 170(7)) — Irretrievable breakdown of the relationship for at least six months.
Our Nassau County lawyers can help you explore your options for divorce and determine if you have adequate grounds.
Divorce Process in New York
- 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 a divorce is being commenced. 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 his or her lawyer. This is typically completed within 30 days. If the served party has no issues with the original complaint, then a counter reply is unnecessary.
- Temporary Hearings - This hearing is arranged to create a temporary, legally binding situation prior to the final arrangements of the divorce. Temporary hearings determine custody of children, financial support for children and spouses, protection from domestic violence, details about where spouses will reside during the divorce proceedings, and how assets will be used by each spouse during the proceedings. Temporary hearings might include an order for both spouses to attend co-parenting classes. These classes are intended to give divorcing spouses the tools needed to help their children deal with the separation of the family.
- Discovery - Discovery is the investigation phase of the divorce proceedings. It gives lawyers for both spouses the opportunity to sort through the case and create a plan. The process can include both parties exchanging information informally, as well as testimony given under sworn oath. Discovery includes several steps, including interrogatories, document requests, releases of information, requests for admissions, and depositions. Experts might also be called on to provide information concerning finances, or the psychological well-being of a spouse or child.
- Settlement and Trial - At this point, if both parties agree on the details of the divorce, a settlement is reached. However, if settlement is not possible because of ongoing disputes, the case will proceed to trial. During the trial, each spouse shares his or her story with the court. This also includes testimony from witnesses and the sharing of documents from the discovery phase.
- Conclusion - The judge creates a ruling that includes the details of the divorce. 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 the Law Offices Of Anthony J LoPrest
Our skilled legal financial team can provide you with a fair and impartial review of your assets. If you have children, we will work to create custody and child support plans that are in their best interests.