Brookhaven Divorce Lawyer
Divorce is more than just the breakup of a relationship. It is a legal process that imposes certain requirements and responsibilities on the parties involved. If you are unfamiliar with this process it can seem overwhelming, particularly when you are already struggling to deal with the breakdown of your marriage.
At the Law Office of Joshua Adam Kittenplan, P.C., our qualified Brookhaven divorce lawyers are here to help. We represent clients in Brookhaven and throughout western Commack who need legal advice and representation in connection with their divorce. We offer professional and compassionate assistance during this difficult period for you and your family.
What Do I Need to Know Before Filing for Divorce?
Before you can file for divorce in New York, you must first satisfy certain jurisdictional requirements mandated by state law. Basically, you must meet one of the following criteria to establish New York jurisdiction:
- You and/or your spouse have lived in New York continuously for the past two years.
- You and/or your spouse have lived in New York for at least one year prior to a divorce filing and you were married in New York, lived in New York as a married couple, or the grounds for your divorce occurred in New York.
- Both you and your spouse are residents of New York on the day either of you files for divorce.
Divorce in New York can be fault-based or no-fault. In a fault divorce, one spouse accuses the other of some wrongdoing that led to the breakdown of the marriage. The other spouse may contest those grounds or even counter-sue on their own grounds. Common examples of fault include adultery, abandonment for a period of at least one year, extreme cruelty, or the fact that one spouse is in prison.
With a no-fault divorce, in contrast, neither side needs to prove the other did anything wrong. At a minimum, a no-fault divorce requires either spouse to certify under oath the marriage has been irretrievably broken for at least six months. Alternatively, if the spouses have been legally separated for at least one year, either party may seek a no-fault divorce.
Regardless of whether the divorce is no-fault or fault-based, there are certain legal issues that must be resolved before a Commack judge can legally dissolve the marriage. This includes any disputes regarding child custody, division of property, and child or spousal support. In many cases, the parties are able to reach a voluntary agreement on these subjects through mediation or negotiation. But if any issues remain disputed, a judge may need to conduct a formal trial.
Contact Attorney Joshua Adam Kittenplan Today
Divorce is never easy. Even when the spouses are largely in agreement on how to end the marriage, there is still a legal process that must be successfully navigated. Fortunately, you do not have to navigate the system alone. Brookhaven divorce lawyer Joshua Adam Kittenplan is here to help. Contact his office today to schedule a free initial consultation.
