Answers to Your Questions about Long Island Divorce
Experienced lawyers in Hauppauge and Garden City address your urgent concerns
If you are planning to file for divorce or you’ve just been served with divorce papers, you probably have loads of questions. What are your rights? What is the process like? For complete answers focused on your specific circumstances, it’s always best to sit down with an experienced Long Island divorce lawyer. At Tabat, Cohen, Blum, Yovino & Diesa, PC, we are committed to providing personalized service that addresses your concerns and delivers peace of mind throughout the process. We’ll answer any question you have, such as:
- What is no-fault divorce in New York?
- What happens after divorce papers are filed?
- What are the costs of divorce in Nassau and Suffolk counties?
- Is divorce mediation a good idea?
- Is divorce mediation legally binding in New York?
- How long does a divorce take?
- In divorce, who gets the house?
- In divorce, what happens to 401k investments?
Contact a knowledgeable Long Island lawyer to discuss the divorce process
Tabat, Cohen, Blum, Yovino & Diesa, PC provides divorce litigation services to Long Island clients from offices in Garden City and Hauppauge. To schedule a consultation, please call 631-587-5100 or contact us online.
New York was the last state in the country to pass a law for no-fault divorce. With no-fault divorce, a petitioner does not cite any marital misconduct as the reason for the divorce. Instead, the petition asserts the marital relationship has been irretrievably broken for at least six months.
After a petitioner files a complaint asking for a divorce, the petitioner must arrange for the complaint and a summons to be served on the other spouse, who becomes known as the respondent. The Respondent then has 40 days to file an answer with the court. After the answer is filed, the court schedules a hearing. If the respondent fails to file an answer, the court can issue a default divorce.
The cost of a divorce depends on many different factors. A quick, uncontested divorce with no children and little property to divide can be very inexpensive. However, a contested divorce, where parents disagree about how their children should be raised or how their property should be divided, might trigger costly litigation.
Most couples can make at least some progress through mediation and many can resolve all of their issues and avoid trial. So, yes, mediation is a good idea for most, but not all, divorcing couples. The question of mediation vs. litigation depends on many factors you should discuss with a Hauppauge divorce attorney.
No. Though New York courts encourage the use of mediation, you are free to walk away at any time. However, once you reach a settlement, you promise to abide by the terms, provided the court does not object.
As with expense, the answer depends on the type of divorce, the complexity of the issues and even the attitude of the parties. A simple divorce can take only a few months, while a complex divorce can take two or three years to fully resolve.
There are two aspects to this question: ownership and occupancy. The court can divide ownership, but grant occupancy to one party, especially if there are children who will continue to live in the home.
If a court determines that one spouse has a right to proceeds of another’s 401(k), the court can issue a Qualified Domestic Relations Order (QDRO) dividing the account as appropriate.