Roslyn Divorce Attorneys
Providing Compassionate and Knowledgeable Guidance
No one ever really looks forward to getting a divorce, but for 40% of couples, it is a reality they will eventually confront. To ensure you come out of this process with your rights intact, you must hire skilled legal representation to handle the many issues you will need to address, such as child custody, support and property division. Our Roslyn divorce team has over 150 years of combined legal experience in handling such matters. We will help you understand your legal rights, present you with different strategy options, and answer any questions you might have along the way.
Your future is on the line, so do not overlook the benefit of hiring a knowledgeable attorney. Let our award-winning team protect you and your family!
Contact Roslyn Attorneys at Wisselman, Harounian & Associates, P.C. 516-773-8300 to arrange a free consultation!
Meeting the Residency Requirements in New York
If you wish to file for a divorce in a New York court, you must meet its residency requirements. Divorces are filed in Supreme Court, not Family Court. Every state’s residency requirements vary, so it is important to familiarize yourself with the requirements in the state where you plan on filing.
Below are New York’s residency requirements:
- 2 years if one spouse lives in the state
- 1 year if the couple married in the state and one spouse is a resident
- 1 year if both spouses were residents of the state and one spouse still lives in the state
- The grounds for divorce arose in New York
Contested vs Uncontested Divorce
There are generally two types of divorce cases. Those that are resolved out of court (uncontested divorce, or mediation) and those that need court intervention to get resolved (contested divorce, or litigation). In out of court matters, both parties not only agree to the divorce itself, but they are also able to reach an agreement on the terms of their divorce with regard to custody and financial issues. In a contested divorce, one spouse might not wish to cooperate with the process, or disagrees on the issues. Regardless, based on laws of “No Fault” divorce, i.e. irretrievable breakdown of marriage, there is no defense to a divorce filing. The divorce will eventually get granted. A reluctant or vengeful spouse can drag out the process for many months and even years if they are motivated to.
Below are the issues spouses must address during the divorce process:
- Child custody and visitation
- Prenuptial agreements
- Property, asset, and debt division
- Retirement assets and real property
- Separate property and inherited property
- Spousal support
- Child support
- Legal fees and expert fees
If you and your spouse can reach an agreement on all of these issues, you will have an uncontested divorce. If not, you might consider divorce mediation to work on a settlement. Our law firm has nine lawyers, including two mediators. Otherwise, a judge will render a decision on these issues as part of the litigation. A litigated case can take a year or more to get resolved.
Reach Out to Our Experienced Divorce Team!
Divorce is an experience no one should take on by themself without legal representation. Given the deeply personal and emotional aspects of such cases, it is often challenging to navigate this process without professional help. To ensure you do not make any life-altering errors, reach out to the Roslyn team at Wisselman, Harounian & Associates, P.C. for experienced and compassionate legal counsel. With WHA on your side, you will receive the personalized strategy and solutions you need to achieve the very best possible outcome.