Divorce Lawyers in Suffolk County, Long Island, NY
Serving clients and obtaining their goals is the number one priority for our Long Island Divorce Attorneys. We understand that going through a divorce is difficult and filled with uncertainty. Above all, our attorneys are here to protect your rights, answer your questions, and alleviate your concerns. After selecting our firm to represent you in your Long Island divorce, you can expect the expert attention your case deserves. Our Long Island divorce lawyers have over eighty (80) years of collective expertise in representing clients in Suffolk County and Nassau County divorces. Most importantly, our attorneys have the knowledge and experience to blaze a path to your success.
Call us now for a FREE consultation with a Long Island Divorce Lawyer —(631) 225-4601
Divorce Process on Long Island, NY
Divorce is a complicated topic for many prospective clients because it encompasses nearly every aspect of a persons life. It is our goal as New York Divorce Lawyers to untangle the web of uncertainties and provide every client with a personable experience. Our Long Island Divorce Attorneys will spend the one-on-one time with you necessary to understand your situation. We believe that a successful divorce starts with getting to know our clients and their goals. That is why we create a comfortable and confidential environment with no high pressure sales tactics.
At the Law Offices of George E. Patsis, from day one you will meet directly with an experienced Long Island Divorce Attorney. Our Divorce Lawyers will walk you through the steps needed to obtain a divorce and protect your assets and children. During the initial consultation, our divorce attorneys will discuss the circumstances leading you to divorce. You should be prepared to discuss important topics, including your assets and debts, children, and retirement plans. Finally, we will discuss your ultimate goals and expectations.
The New York Divorce process can be difficult to understand, cumbersome, and time consuming. But it doesn’t have to be. Let our Long Island Divorce Attorneys guide you through the divorce process. Our expert advice can reduce the uncertainty and stress your divorce may be causing. Every Long Island Divorce should at least start with a consultation with a Divorce Attorney in Suffolk County or Nassau County.
No-Fault Divorce (uncontested)
New York became a no-fault divorce state in 2010. Since the advent of the no-fault divorce law, couples can seek a divorce based upon irretrievable breakdown of the marriage for at least six months. This means that the relationship has completely broken down for at least six months. Either spouse may file for divorce after irretrievable breakdown of the marriage relationship. Many spouses are able to agree to resolve their divorce through an uncontested divorce without the need to ever appear in court. Yet others with more complicated financial matters or child custody issues work through a contested divorce. Whether your divorce is contested or uncontested, the expert advice of a Long Island divorce attorney can protect your rights, your assets, and your children.
Call us now for a FREE consultation with a Long Island Divorce Lawyer —(631) 225-4601
What is a Contested Divorce?
A contested divorce occurs when divorcing spouses are unable to agree upon one or more elements of their divorce. For example, a disagreement can occur regarding child support or custody. Likewise, spouses may disagree about the distribution of assets, division of retirement accounts, or occupancy of the marital residence. Many times, a disagreement can be resolved before it becomes necessary to file a contested divorce.
If it becomes necessary to move forward with a contested divorce, our Long Island divorce lawyers are ready to advocate for your rights and interests.
Filing for Divorce
As a result of one or more disagreements, the first step towards resolving your New York divorce case is drafting a summons and notice. Your Long Island Divorce attorney will then file the summons and notice with the Suffolk County or Nassau County Supreme Court. When a divorce lawyer files a summons and notice the Court immediately issues automatic orders. The automatic orders prevent both spouses from selling valuable property and incurring debts. Importantly, the automatic order requires that any health, dental, and life insurance policies remain in full force and effect. This means that your spouse must continue to pay insurance premiums until directed otherwise by the Court.
Thereafter, a process server will serve the divorce papers and the automatic orders on your spouse. At the time of service the automatic orders become effective. Generally, following the service of the divorce papers, the spouse will retain a divorce attorney. The spouse’s divorce attorney will then proceed to file a notice of appearance and demand for a complaint. After receiving a demand for a complaint, the highly skilled divorce lawyers at the Law Offices of George E. Patsis will draft a thorough divorce complaint to protect your legal interests. The spouse will then file an answer to the complaint. The answer will admit or deny the facts contained in the divorce complaint.
The next step in resolving a contested divorce is the filing of a document known as a request for judicial intervention. Thereafter, the Court assigns a judge to hear your contested divorce and schedules a court date.
Your First Long Island Divorce Court Appearance
In a Long Island Contested Divorce, your first appearance in court is called a preliminary conference. The Court requires that both spouses and their attorneys attend this initial conference. During the conference, the attorneys and the Court discuss the disagreements between the spouses. Depending upon the situation, the Court may grant temporary orders at the conference. For instance, the Court may grant child support, custody, occupancy of the marital residence, or even attorney’s fees. Additionally, the Court will grant an order that outlines the Court’s timeline for the case. Going forward the spouses and their divorce attorneys will follow this timeline as closely as possible. The timeline includes the date of the next court conference, and the time in which the divorce attorneys must serve and respond to demands for the production of documents.
Locating Assets
Your Long Island divorce lawyer will serve your spouse with demands for the production of financial documents. This document demand process used by your divorce attorney is called discovery or disclosure. Discovery allows for the thorough review of bank statements, retirement accounts, brokerage accounts, business assets, and more. A Long Island Divorce lawyer can subpoena records from financial institutions your spouse does business with. Subpoena’s ensure that you receive full and accurate disclosure.
Following document discovery, a Suffolk County divorce attorney will serve your spouse with a Notice of Deposition. The Notice of Deposition will require your spouse to answer questions at a deposition under oath. A court reporter, also know as a stenographer, transcribes the questions and answers. Depositions are one of the most powerful tools used by divorce attorneys to discover hidden assets or other important information.
The divorce lawyers at George E. Patsis, PLLC understand that every divorce is unique and will tailor a discovery strategy to the needs of your case.
At George E. Patsis, PLLC our highly experienced Long Island Divorce attorneys are ready to represent you throughout Suffolk County and Nassau County.
Equitable Distribution
New York is an equitable distribution state. This means that upon obtaining a divorce, assets are distributed between the spouses in an “equitable” manner. Equitable distribution does not mean that all assets are divided exactly equally. Rather, equitable distribution means that marital assets are divided with consideration for the circumstances of the case and the parties. Exact mathematical equality is not the goal. Instead the divorce Court divides marital assets with fairness as its guide.
Generally, the divorce court does not consider marital fault when dividing assets. Only in rare instances will egregious behavior influence the equitable distribution of assets. Adultery without further aggravating circumstances is not enough to adjust the equitable distribution of marital assets. Examples of situations that may alter equitable distribution include, the malicious assault of a spouse in clear view of children, or attempted bribery of the divorce judge.
Marital Assets & Separate Assets
There are two categories of assets that a New York divorce court will consider. The two categories are separate assets and marital assets. Assets acquired by either spouse during the marriage are generally marital assets. Marital assets can include bank accounts, real property, personal property, and business assets. Assets acquired by either spouse prior to the marriage is in most instances are separate assets. Separate assets are generally not subject to equitable distribution. Under certain circumstances, separate assets can become categorized as marital assets. It is the job of your Long Island Divorce attorney to fight to protect your assets whether they be marital or separate.
Property acquired by either spouse during the marriage can be re-categorized as separate assets under special circumstances. Any assets acquired by either spouse through inheritance should be categorized as a separate asset. Similarly, any compensation received for a personal injury should be categorized as separate assets.
Properly categorizing marital assets and separate assets is extremely important. If you do not properly categorize assets, you stand to lose significant assets. Our New York Divorce Attorneys can protect your home, savings, and retirement accounts with their thorough understanding of the laws of equitable distribution.
Our highly experienced Long Island Divorce attorneys are ready to represent you throughout Suffolk County and Nassau County.
Uncontested Divorce
Uncontested divorce has become common place since New York became a no-fault state. In an uncontested divorce, spouses agree to formally resolve their differences without the need for court appearances. This
does not mean that spouses seeking an uncontested divorce immediately agree on all terms. Quite often spouses in an uncontested divorce seek the advice of attorneys who draft a fair and equitable settlement agreement. In some instances, a divorce that starts uncontested becomes contested when there is a disagreement.
The Long Island Divorce lawyers at George E. Patsis, PLLC are ready to represent you in your uncontested divorce. Protect your rights and your future.
If you are looking for a divorce lawyer near you, George E. Patsis, PLLC is located in Lindenhurst, New York. We are especially convenient to the following nearby towns: Lindenhurst, Amityville, Wyandanch, Dix Hills, Babylon, West Babylon, North Babylon, Deer Park, West Islip, East Islip, Bay Shore, Brightwaters, Huntington, Farmingdale and other towns in Suffolk County and Nassau County.