Six FAQs About Divorce in Suffolk County
Divorce may seem like a straightforward process, but it is not. State law governs all of the divorce proceedings in Suffolk County and many couples are not aware of those laws. As such, they are also unaware of their rights and legal obligations. People getting a divorce also usually have many questions. Below, our Suffolk County divorce lawyer outlines six of the most frequently asked questions about the process, and the answers to them.
What are the Grounds for Divorce?
New York law allows for both at-fault and no-fault grounds for divorce. Common grounds for at-fault divorce include adultery, cruelty, abandonment, and imprisonment. However, it is not necessary for one spouse to accuse the other of marital wrongdoing. One spouse can file on no-fault grounds and simply cite an irretrievable breakdown of the marriage. There are pros and cons to both at-fault and no-fault divorces so it is important to speak to an attorney.
How Long Does Divorce Take?
How long any one divorce case takes will depend on a number of factors including the parties involved, the complex nature of the issues, and the jurisdiction. New York does not place a waiting period on divorce. As such, simple cases in which both spouses agree may only take a few months. Cases that are more complex may take up to one year and if the divorce is highly contested, it could take even longer.
How Does Mediation Differ from Litigation?
Mediation is an option that is becoming more popular today. During mediation you will meet with a neutral mediator and your spouse to reach an agreement about all terms of the divorce. Mediators do not provide legal advice, nor do they make any decisions. Their role is to simply try and help you and your spouse resolve your disputes. Litigation is much more contentious and involves a trial, during which the attorneys for both sides will argue their client’s case to a judge. Once all arguments are heard, the judge makes all the final decisions.
How is Child Custody Decided?
Contrary to what many people believe, women are not automatically awarded child custody in divorce. There are many factors considered when child custody decisions are made, but they are all in the best interests of the children. Some of the most common factors considered include parental stability, mental health and overall stability, the finances of each parent, and where the siblings of the child live.
How is Property Divided During Divorce?
Despite the many misconceptions surrounding property division, assets are not necessarily divided 50/50 during divorce. New York is an equitable distribution state, which means property is divided fairly, and not always evenly, during divorce.
Should I Work with a Divorce Lawyer in Suffolk County?
You are not required to work with a Suffolk County divorce lawyer when going through a divorce, but it is always recommended that you do. At the Law Office of Joshua Adam Kittenplan, our seasoned attorney can answer all of your questions so you can make informed decisions to obtain the best result possible. Call us now at 631-499-0606 or chat with us online to schedule a free consultation and to learn more.
Source:
law.justia.com/codes/new-york/2018/dom/article-10/170/
