by Robert E. Hornberger, Esq | May 31, 2016
Spouse Won’t Sign Divorce Papers on Long Island Solutions
As a divorce lawyer practicing on Long Island for many years, I know that up until 2010, if you lived in New York and your spouse refused to sign divorce papers, he or she could complicate your divorce and make it more lengthy and expensive by contesting the grounds for divorce.
Fortunately, this issue was largely addressed by New York’s adoption of the No-Fault divorce law. In a no-fault divorce, courts can grant a divorce based upon “irreconcilable differences” in the marriage, rather than requiring that fault be placed on one spouse or the other. (more…)
by Robert E. Hornberger, Esq | Apr 12, 2016
As a Divorce Lawyer on Long Island, I understand that legal same-sex marriage is relatively new on Long Island, and that many people in these relationships have questions about what to expect should they need to get divorced. (more…)
by Robert E. Hornberger, Esq | Nov 24, 2015
As an experienced Long Island Family Law Attorney practicing in Nassau County and Suffolk County courts, I have seen first-hand how the No-Fault divorce law has simplified the process and removed a lot of the emotional and financial costs of divorce in New York.
Long Island No-Fault Since 2010
Since 2010, divorce law in New York allows married couples to divorce without assigning blame to one party. The No-Fault Divorce law allows couples who wish to dissolve their marriage to do so without providing that a spouse committed an act such as cruelty, adultery or abandonment as previously required. The grounds for a “no-fault divorce” include demonstrating that the marriage has “broken down irretrievably” for a period of at least six months, which is in many states referred to as having “irreconcilable differences.” The couple need not live in separate residences for six months, but must allege that the marriage has been “broken down” for at least that period of time. A judgment of divorce will not be granted on the grounds of “irretrievable breakdown” until after marital property distribution, custody and visitation, and spousal and child support have all been decided.
No-Fault Spares Nassau Suffolk Couples Time, Stress, Money
By removing the need to prove fault in order for divorce to be acknowledged by the State of New York, divorcing couples and the courts are spared the time consuming and costly litigation over whether a divorce should be granted and why. Instead, the focus is shifted to an outcome that is in the best interests of the children and family, and an equitable division of marital assets. The “broken down irretrievably” is a more neutral ground for divorce upon which the divorcing parties can often agree. However, it is still up to the parties to make a showing that the relationship has, in fact, “broken down irretrievably.”
Fault Divorce Still Possible, but Costly on Long Island
An “at-fault divorce” is still possible in New York. If one party accuses the other of wrongdoing, such as adultery, an at-fault divorce may be effectuated if the other party admits to the wrongdoing, or if the wrongdoing is conclusively proven in court. The party accused of cheating may or may not choose to contest the allegation. The parties may instead use the question of infidelity in negotiation as they make decisions and compromise to achieve the divorce.
Because of the increased emotional nature of allegations of adultery, abandonment, or cruelty, many couples make the choice to file for divorce on the grounds of “irretrievable breakdown” even when there has been adultery, abandonment, or cruelty. This spares a party of the litigation of a contested divorce, including the need to prove that adultery, abandonment, or cruelty did in fact occur.
Adultery Tough to Prove in Nassau Count, Suffolk County Court
Adultery can be quite difficult to conclusively prove in court. Proof of adultery requires corroborating evidence from a third party witness. The accusing spouse will not be permitted to testify. Even an admission by the accused party that he or she did, in fact, cheat is not legally admissible evidence on which to grant a judgment of divorce. The accusing party may also need to show that he or she did not encourage the behavior, forgive the behavior, or learn of the behavior more than five years prior. This type of litigation can be extremely stressful, personally intrusive, and potentially damaging to the reputation of both parties.
No-Fault Reduces Emotional Toll of Divorce on Long Island
Similarly, in a case of cruel and inhuman treatment, it may be quite difficult for an abused spouse to provide conclusive proof upon which the court can base a judgment of divorce. A victim of domestic violence who wishes to file for divorce might consider a no-fault ground rather than the “cruel and inhumane treatment ground” in order to avoid any continued trauma that could result from a divorce proceeding in which he or she might be forced to engage in a lengthy adversarial proceeding with the abuser.
Proving Fault Doesn’t Mean You’ll Get More From Spouse in Nassau County or Suffolk County Court
It may also come as a surprise that a wrongdoing such as adultery may have only a slight impact, if any, on the outcome of the divorce. The assignment of blame does not necessarily change the equitable distribution awards or the apportionment of marital assets. The judge will still focus on fairly splitting the assets and what type of custody or visitation with the children is in the best interests of the children and family as a whole. Many factors are considered by the judge in order to determine the appropriate distribution of assets and custody of children. To the dismay of the betrayed spouse, evidence or an accusation of adultery may have little effect on this calculation.
Consult an Experienced Family Law Attorney on Long Island Before Seeking a Fault Divorce in Nassau County or Suffolk County
Married couples dealing with the infidelity or abuse of a spouse should seek the advice of a skilled divorce attorney. If the terms of the divorce can be resolved privately between the parties in mediation, the spouses can be spared the time, stress, and cost of an adversarial proceeding while achieving mutually agreeable results. Reach out to an experienced Long Island Family Law Attorney at the Offices of Robert E. Hornberger, P.C. at 631-923-1910 or fill out the short form on this page to schedule a free divorce consultation with a skilled expert on your matrimonial concerns.
Download our Free New York Divorce Guide
Our 41-page “Guide to New York Divorce: What You Need to Know Before Hiring a Divorce Lawyer in New York” written by an experienced family law attorney Long Island’s Robert E. Hornberger, Esq., provides you with real information on the divorce process and the laws it rests upon in the state of New York. This book will help give you a solid foundation upon which you can begin the process of making your family’s, life better. Download your Free Guide to New York Divorce here.
by Robert E. Hornberger, Esq | Sep 29, 2015
Can I Get a Divorce in Nassau County or Suffolk County, Long Island without My Spouse?
As a Divorce Lawyer on Long Island, occasionally I will commence a divorce action on behalf of a client only to find out that his or her spouse refuses to cooperate. Naturally, this causes anxiety, stress and extreme discomfort for my client whose worst nightmare seems to be coming true. Clients think, am I really going to have to be married to my spouse for the rest of my life? Am I really going to have to own property with my spouse for the rest of my life?
However, a divorce attorney in Nassau County or Suffolk County likely knows something of which both you, and your spouse, may be unaware. If you commence an action for divorce and comply with all court rules and statutes, you can obtain a divorce even if your spouse refuses to cooperate and appear in the proceeding. This is known as a default judgment.
What is a Default Judgment?
A default judgment is a judgment in favor of the Plaintiff resulting from the Defendant’s failure to appear in a proceeding. The Defendant can appear by either answering the Summons with Notice, filing a motion to extend his or her time to answer the Summons, or filing a Notice of Appearance. New York state law requires the Defendant answer a Summons with Notice in a divorce action no later than twenty (20) days after service, if service was effectuated personally on the Defendant, or thirty (30) days after service if service was effectuated in any other manner. The Plaintiff is required to file an affidavit of service with the Court as proof that the Summons was served upon the Defendant.
What are the Advantages of a Default Divorce Judgment?
As a Long Island Divorce Attorney, the biggest advantage I can think of is the speed. A default divorce judgment is quick, and avoids expending large sums of money on attorney’s fees. Depending on the degree to which your spouse fails to cooperate depends upon how many court appearances are required. For instance, if you serve your spouse with a summons with notice, file an order to show cause and obtain temporary relief and appear before the Court for a Preliminary Conference (the first Court appearance in your matter) and your spouse neither complies nor answers at all, it is likely the Judge will set your matter down for an inquest shortly thereafter. An inquest is basically a one-sided divorce proceeding. Your attorney will ask you all requisite questions, including when you were married and all questions regarding jointly held property, and at the end, all you will need to do is wait to receive a certified copy of your Final Judgment of Divorce in the mail.
Additionally, no financial disclosure is required to issue a default divorce judgment. During typical divorce proceedings both parties must exchange tax returns, banking account statements, pay stubs and other relevant financial documents. If your spouse refuses to comply, there is no one to exchange these documents with, and therefore the same is not necessary.
What are the Disadvantages of a Default Divorce Judgment?
Often, spouses will fail to comply until they receive the Notice of Inquest in the mail. The noncompliant spouse will then run to the court house alleging he or she was never served with the many documents sent to them and therefore had no idea the action was pending. This may cause the inquest to be adjourned or even dismissed to permit your divorce proceeding to move forward normally.
Most alarming however is the fact that the Defendant may have up to one (1) year to vacate the default judgment. This means that if your spouse has a reasonable excuse for his or her default, your divorce judgment may be opened at any point throughout that year.
If you find yourself in a situation where your spouse refuses to comply or acknowledge your attempts to obtain a divorce in Nassau County or Suffolk County, a default judgment may be just what you need. However, you cannot purposefully obtain a default judgment; you must give your Long Island Divorce attorney accurate demographic information on your spouse, including his or her address, so service may be properly effectuated. The default judgment will be the result of your spouse ignoring any legal documents they receive.
Get a Free Consultation from an Experienced Long Island Divorce Lawyer Practicing in Nassau & Suffolk County
For more information about how to protect yourself and your children during your divorce in Nassau County of Suffolk County, contact a Long Island divorce lawyer with great experience in all divorce and family law matters. Long Island’s Robert E. Hornberger, Esq., PC and his compassionate and experienced divorce lawyers can help. Call us at 631-923-1910 for a complimentary, confidential consultation or fill out the short form on this page and we’ll get right back to you.
For more information about Divorce on Long Island, visit this page: Divorce Lawyers Answer Questions about Long Island Divorce
Download our Free New York Divorce Guide
Our 41-page “Guide to New York Divorce: What You Need to Know Before Hiring a Divorce Lawyer in New York” written by an experienced divorce lawyer Long Island’s Robert E. Hornberger, Esq., provides you with real information on the divorce process and the laws it rests upon in the state of New York. This book will help give you a solid foundation upon which you can begin the process of making your family’s, life better. Download your Free Guide to New York Divorce here.
by Robert E. Hornberger, Esq | Sep 22, 2015
A Child’s Punishment for Adults Who Act like Children in Long Island Child Custody Cases in Nassau & Suffolk
According to one New York judge, those obnoxious emails and text messages you send to your spouse could wind up doing more than just angering your spouse or embarrassing you one day. They could land you in jail.
The April 20, 2015 Supreme Court matter of L.T. v. K.T. focused on, amongst other things, the Defendant father’s continuous and routine harassing and threatening emails and text messages to the Plaintiff mother. The judge, although aware that this behavior is, unfortunately, not uncommon in matrimonial matters, took a stand against this type of ridicule and ordered the Defendant father to spend fifteen (15) days in jail. The equivalent of sending a child to his room after he misbehaved.
The Child Custody & Visitation Case of L.T. v. K.T.
The parties’ matrimonial matter began like most do, with motion practice attempting to resolve the issues of child custody and visitation. In an effort to resolve the issues without extensive court appearances, the parties and their attorneys placed two (2) stipulations on the record in open court – one pertaining to child custody and visitation and the other pertaining to financial matters. The Plaintiff mother eventually found herself in a situation that required her to file a motion seeking to have the Defendant father held in contempt of Court, because, amongst other things, he failed to limit his communication with her to one (1) e-mail per day for the sole purpose of discussing the children.
The Plaintiff mother provided documentary evidence to the court, consisting of numerous e-mails and text messages she received from the Defendant father. These communications had nothing to do with the parties’ children, and were merely the Defendant father unleashing his anger on the Plaintiff mother. Included in these communications were the Defendant father stating the Plaintiff mother was “the stupidest person [he] ever encountered”, telling the Plaintiff mother “f*ck you”, stating that he was “the competent parent…as always” and that the Plaintiff mother should remember the phrase “welcome to McDonald’s can I take your order.”
When brought to the attention of the Court, the Defendant father attempted to justify his actions by saying the Plaintiff mother was condescending, and his were simply responses in an attempt to stop her from being a bully. This did not faze the Court. The Court sentenced the Defendant father to serve fifteen (15) days in jail.
Applying this Ruling to your Nassau County or Suffolk County, Long Island Divorce Proceeding
Although the Court’s determination to sentence the Defendant father to jail time was not solely based upon his crude text messages and emails, the language used to support this determination shows that the Supreme Court does not take childish e-mails and behavior by parents lightly. The Court focused on the fact that the parties had joint custody of the unemancipated children who were the subject of the proceeding. Joint custody requires the parents to co-parent and work together as a team. If one parent cannot say anything to the other without cursing or belittling the other parent, it is unlikely a joint custody arrangement is proper.
How should the parents resolve this? The Court stated “Get over it. If the parties want their joint custody to work, they must make it work.” In my legal opinion, the Court made its views on childish behavior by parents more than clear with that one simple sentence.
As an experienced Long Island Divorce Attorney I understand that emotions run high during and after divorce proceedings. However, I always advise my clients to try their best to keep their emotions, especially anger toward their spouse, at bay, and this ruling justifies my advice. The worst thing a client can do is send a nasty e-mail or text message to their spouse. As with everything these days, once you transmit this correspondence you cannot get it back. Instead, I urge clients who are struggling with anger to write things down in a journal or other private place or discuss them with a trusted friend or family member. I find that the majority of times it is not that my client wants to say these things to his or her spouse, but that he or she simply wants to vent and get it off of their chest.
Get a Free Consultation from an Experienced Divorce Attorney Practicing in Nassau County & Suffolk County, Long Island
For more information about how to protect yourself and your children during your divorce in Nassau County of Suffolk County, contact a Long Island divorce attorney with great experience in all divorce and family law matters. Long Island’s Robert E. Hornberger, Esq., PC and his compassionate and experienced divorce lawyers can help. Call us at 631-923-1910 for a complimentary, confidential consultation or fill out the short form on this page and we’ll get right back to you.
Download our Free New York Divorce Guide
Our 41-page “Guide to New York Divorce: What You Need to Know Before Hiring a Divorce Lawyer in New York” written by an experienced divorce lawyer Long Island’s Robert E. Hornberger, Esq., provides you with real information on the divorce process and the laws it rests upon in the state of New York. This book will help give you a solid foundation upon which you can begin the process of making your family’s, life better. Download your Free Guide to New York Divorce here.
by Robert E. Hornberger, Esq | Sep 9, 2015
Divorce should be a last resort
You owe it to yourself, your spouse & your children to try to save your marriage before seeking a divorce in Nassau County or Suffolk County
As a Divorce Attorney on Long Island I meet with countless individuals considering their options about divorce who are not yet ready to take that step. They are in my office because they feel their marriage is falling apart and they want to know what will happen in the event of a divorce. I am more than happy to answer their questions, however, I immediately ask, “Have you told your spouse how you feel?” Some say yes and some say no.
Now, I am no marriage counselor, however, I view my role as an advocate and advisor. It is not my place to convince anyone that they need to seek a divorce. That decision belongs to the individuals involved, not me. So, when I am faced with this scenario, here is some of the armchair advice that I give:
1. Marriage Counseling: Most marriages have their ups and downs. Honestly, I see a lot of couples throwing in the towel without even considering counseling. It is always worth considering, especially if there are children involved. So long as there is no domestic violence involved, I think the couple owes it to themselves and their children to give counseling a chance before seeking a divorce. I have worked with many couples who started a divorce proceeding, and at some point decided to give counseling a chance, and because of counseling, saved their marriages. I have even received cards from those individuals thanking me for not pushing a divorce and supporting their decision to try to work it out. I am not saying that counseling is the magic pill that will save every marriage; however, if haven’t tried, how will you know? So, before ending your marriage, make sure you have no regrets.
2. Romantic Gestures: A client recently told me that her spouse was unhappy because he didn’t feel loved. She told me, “He has some nerve. When was the last time he told me that I was pretty. I can’t remember the last time he took me on a date.” I immediately thought to myself, marriage is a two-way street; you each have to put in the effort. I recently saw a post on social media that marriage isn’t 50-50, it’s each spouse giving 100 percent of themselves to their spouse. All too often I see that couples get comfortable with each other and take their spouse for granted. So, if your marriage is going through a rocky period, try to spice things up. Plan a date. Don’t tell your spouse the itinerary, keep him or her guessing. Go away for a night, a weekend, a week. Go out to dinner at a new restaurant. Do anything that isn’t your normal routine. Buy her flowers. Get him a new tie, shirt, etc. But stop complaining that your spouse doesn’t treat you the way that he or she used to if you’re not putting in the effort either.
3. A Trial Separation: OK, you went to counseling. You did the romantic thing. Your marriage still seems to be falling apart. Before committing to something as final as a divorce, you can give separation a try. I don’t mean a legal separation, I mean a physical separation. Try staying apart for some time. The couple can sign a letter agreement wherein they acknowledge that they are giving physical separation a try and that no one is abandoning the other and that neither party is giving up any legal rights to property or the children. The couple should also include who will pay what bills during this time in the letter. Some time apart may clarify the relationship for the couple. Maybe you will miss your spouse. Maybe you won’t. Maybe you will realize you can’t live without him or her. Or, you may realize you are better off apart. Either way, you will know that you pursued every avenue to see if your marriage will work before throwing in the towel.
So, if you are considering a divorce, ask yourself “have I done everything I can to work on my marriage?”. Maybe your marriage can’t be saved, or, isn’t worth saving; that decision lies with you. However, if you are meeting with a divorce lawyer to get information about divorce just in case, maybe your time is better spent coming up with a plan to save your marriage.
Receive a Free Consultation from an Experienced Divorce Attorney Practicing in Nassau County, Suffolk County, Long Island
As a Divorce Attorney on Long Island, I never mind meeting with anyone who is seeking legal information about a divorce. Therefore, if you would like a free, confidential divorce consultation with an experienced Long Island divorce attorney, please call today. Our telephone number is 631-923-1910 or fill out the short form on this page and we’ll get right back to you. I look forward to meeting with you.
Download our Free New York Divorce Guide
Our 41-page “Guide to New York Divorce: What You Need to Know Before Hiring a Divorce Lawyer in New York” written by an experienced divorce lawyer Long Island’s Robert E. Hornberger, Esq., provides you with real information on the divorce process and the laws it rests upon in the state of New York. This book will help give you a solid foundation upon which you can begin the process of making your family’s, life better. Download your Free Guide to New York Divorce here.
by Robert E. Hornberger, Esq | Sep 1, 2015
The relationship between a Nassau County or Suffolk County, Long Island divorce attorney and his or her clients is a delicate thing. Clients often seek divorce attorneys when they are at one of the lowest points in their lives, their emotions are running high and their pain often outsmarts their rational thinking. To put it more simply – matrimonial and family law attorneys often come into contact with good people at their worst.
While it is a Long Island divorce attorney’s job to see things from their client’s perspective, clients rarely, if ever, put themselves in their attorney’s shoes. As an experienced divorce attorney practicing on Long Island, I pride myself on always being honest and upfront with my clients, even if that honesty requires me to tell them something they do not want to hear.
For most people, this entire article will consist of things they may not want to hear, but these things will make the relationship between them and their Divorce Attorney that much stronger.
1. You are not your attorney’s only client. Although most divorce attorneys practicing on Long Island wish they could give each client their undivided attention every second of every day, it simply is not practical. In my office, matters are handled in the following order: time sensitive matters such as court filings, motions and paperwork which needs to make a deadline; matters for a client with whom I have a meeting; and then first in, first out. At times, this will upset clients, however, just as anyone would do at their own jobs, if your attorney needs to make a deadline, that matter must come before everything else.
2. You call too often. Long Island divorce attorneys, like all attorneys, bill for their time. The more of their time you take up, the higher your bill will be. Hours spent on the phone with a client who is venting will drive up their bill because you are utilizing the attorney’s time. Your divorce attorney will listen to you for as long as you need, but you should try to keep those calls as short and to the point as possible. Always understand that you are being billed for each minute spent on the phone. As stated above, a divorce is an emotional issue. Everyone needs to vent and discuss issues out loud during their divorce. You should save these venting sessions with a trusted friend, family member or therapist; not your divorce attorney. Save your calls to your divorce attorney for legal matters.
Some clients feel the need to check in, either every few days or once a week. Your Nassau County or Suffolk County divorce attorney will always contact you when there is a development in your case or he or she needs something from you. Every matter has periods where nothing happens; this does not mean your attorney “dropped the ball” or forgot about you, it is just the way the practice of law works.
3. Your refusal to listen to their legal advice is frustrating. You hired your divorce attorney to do their job according to the law in Suffolk County or Nassau County, so your best course of action is to let them. Every now and then I will have a client who is unhappy because he or she feels nothing is being accomplished on their matter; however, the client fails to realize that he or she rejected each and every available option set forth. If you tie your attorney’s hands behind his or her back, you cannot blame your attorney for nothing getting done. Your divorce attorney wants to help you; you just have to let them use their knowledge and experience to help you.
4. Your attorney cannot work for free. Most divorce attorneys practicing on Long Island are sensitive to the fact that money is tight for a client going through a divorce; however, your attorney cannot work for free. Just like you, your Nassau County or Suffolk County divorce attorney has a family to support and a home to maintain. And just like you, they need to earn money to do so. You do not work for free, your doctor does not work for free and neither does your Long Island Divorce Attorney. Financial issues can be solved by a conversation between you and your attorney. Most attorneys, including myself, will accept a monthly payment plan to help ease the burden of a divorce.
While many people may find this article blunt, at times the truth is the hardest thing to hear. Your Long Island Divorce Attorney cares about you, but you need to have the confidence in them to trust they are doing what is in your best interests.
Receive a Free Consultation from an Experienced Divorce Attorney Practicing in Nassau County, Suffolk County, Long Island
For more information about how to protect yourself and your children during your divorce in Nassau County of Suffolk County, contact a Long Island divorce attorney with great experience in all divorce and family law matters. Long Island’s Robert E. Hornberger, Esq., PC and his compassionate and experienced divorce lawyers can help. Call us at 631-923-1910 for a complimentary, confidential consultation or fill out the short form on this page and we’ll get right back to you.
For more information about Divorce on Long Island, visit this page: Divorce Lawyers Answer Questions about Long Island Divorce
Download our Free New York Divorce Guide
Our 41-page “Guide to New York Divorce: What You Need to Know Before Hiring a Divorce Lawyer in New York” written by an experienced divorce lawyer Long Island’s Robert E. Hornberger, Esq., provides you with real information on the divorce process and the laws it rests upon in the state of New York. This book will help give you a solid foundation upon which you can begin the process of making your family’s, life better. Download your Free Guide to New York Divorce here.
by Robert E. Hornberger, Esq | Jul 24, 2015
As an experienced Long Island Divorce lawyer I am well aware that most clients, potential clients and even those not considering a divorce are bombarded with horror stories about how much money their friends, family and colleagues in Nassau County and Suffolk County spent financing their divorces.
To be completely honest, in very complex or unusual cases, there are times when incurring legal fees in the tens of thousands of dollars is unavoidable; however, this is the rare occurrence. Most individuals who spend that type of money during their Divorce have bitter custody battles, are unable to settle with their spouse or have a large amount of assets which need to be appraised or valued. These cases require divorce attorneys and their staff to spend hours upon hours to resolve the cases to their client’s satisfaction. Of course, most divorces are nothing like those described above. Below you will find some important tips to help keep your legal fees under control.
1. When You Speak to Your Long Island Divorce Lawyer, He or She is “On the Clock”. Attorneys are paid based upon the time they work on your case. Most attorneys charge in 15-minute increments. The way to keep your legal fees down is to reduce the amount of time your attorney has to spend on your case. Always start any contact with your divorce attorney on Long Island with the assumption that you are “On the Clock”, and be sure you relay only information that is both important and vital to your divorce lawyer in Nassau County or Suffolk County to know right then and there.
2. Do Not Listen to Everything your Spouse Tells You. Almost every day a client will call my office and the conversation will begin with something like this: “My spouse told me…” or “My spouse said his/her attorney said…” I immediately know where the conversation is going. My client spoke to their spouse who is angry and bitter about the divorce and their spouse is feeding them false or otherwise inaccurate information to get a rise out of them. And it works.
After listening to the information presented by my client, my usual response is simply “That is not how the law works.” Unfortunately, you have now spent anywhere between 15 and 30 minutes on the phone. If the phone call then requires a letter or follow up phone call to opposing counsel requesting my client’s spouse cease this behavior, my client could be on the hook for another 15 minutes.
If your spouse is angry about the divorce, take what they say at face value. The only person you should be listening to throughout your divorce is your divorce lawyer on Long Island. He or she will inform you of everything you need to know, including the correct state of the law. In other words, don’t jump on the phone to call your attorney every time your spouse says something to get a rise out of you.
3. Attempt to have at Least the Bare Bones of an Agreement with your Spouse. A lot of attorney time is spent negotiating a settlement with opposing counsel. Opposing counsel is trying to get the best deal for his or her client. Good attorneys on Long Island do not purposely “run up” legal fees on their clients, but to protracted negotiations, which take time, and cost money.
If you and your spouse agree on the main issues such as who will have custody of the children and who still stay in the marital residence, the time divorce attorneys spend negotiating can be cut drastically, thereby saving you money. Of course, if this is not possible due to your relationship with your spouse, your Long Island divorce lawyer will fight zealously to protect your rights. It’s best, and cheapest, if you can come to agreement with your spouse before involving the attorneys and save your attorney’s time for real legal work.
4. Remember, your Long Island Divorce Attorney’s goal is to Protect Your Interests. While I care about the wellbeing of each and every one of my clients, my main goal is to protect their interests while ensuring they experience the least amount of emotional distress and discomfort.
It’s a fact that couples fight. Couples who are divorcing fight even more. While I know it is tempting to call your divorce attorney each time your spouse gets under your skin, take a few minutes to clear your head before you pick up the phone while you’re still upset. Your Long Island divorce lawyer does need to be made aware of situations which occur; however, it is in your best interest to do so when you can think clearly and are not “in the moment”. You do not want to keep your divorce attorney on the phone for 45 minutes because you are upset, when the same incident could be relayed later in the day in a five minute phone call for which you may not be charged.
In my experience, divorces on Long Island are emotional; however, your divorce attorney on Long Island’s bill does not need to reflect that. If you keep Point 1 above in mind at all times you can do a lot yourself to keep the legal bills for your Long Island divorce under your control.
Receive a Free Divorce Attorney Long Island Consultation
To learn more about what you need to know about How Much a Divorce Costs and how to get help to protect yourself and your future, visit this page: https://divorce-longisland.com/divorce-cost/ For more information about how to keep your legal fees down, contact an experienced Long Island divorce lawyer. Long Island’s Robert E. Hornberger, Esq., PC and his compassionate and experienced divorce lawyers can help. Call us at 631-923-1910 for a complimentary, confidential consultation or fill out the short form on this page and we’ll get right back to you
Download our Free New York Divorce Guide
Our 41-page “Guide to New York Divorce: What You Need to Know Before Hiring a Divorce Lawyer in New York” written by an experienced divorce lawyer Long Island’s Robert E. Hornberger, Esq., provides you with real information on the divorce process and the laws it rests upon in the state of New York. This book will help give you a solid foundation upon which you can begin the process of making your family’s, life better. Download your Free Guide to New York Divorce here.
by Robert E. Hornberger, Esq | Jul 7, 2015
As a Divorce Lawyer on Long Island, I have seen, and I’m sure you have stumbled across internet advertisements declaring that you can receive a divorce on Long Island for anywhere between $500 and $399. Like most individuals searching for an affordable way to obtain a Divorce Lawyer in Nassau County or Suffolk County, you likely clicked this link, visited the website and inquired as to what they had to offer.
However, when something seems “too good to be true”, you can be sure it usually is. Most large law firms that offer Long Island Divorces at these low rates are more concerned with quantity than quality. Sure, you can easily walk into a firm and give them $500 for your divorce, but it is unlikely you will be told the filing fees in Nassau County or Suffolk County Supreme Court alone can cost $450, and you will be responsible for that fee as well. So right off the bat your payment of $500.00 is extinguished, and your payment of $450 is not sufficient, already you’re up to nearly $1,000.
By advertising bargain basement prices, larger law firms are able to keep clients coming in through a revolving door. For example, they retain twenty (20) cases a week at this low cost, execute form Stipulations of Settlement that are sloppy, impersonalized and barebones then send you on your way. Ten (10) years down the road when your child goes to apply for college and you seek a financial contribution from your ex-spouse, you realize your Stipulation of Settlement does not provide for how to pay for college for your children. There are likely dozens of these situations that may occur after your divorce. No one wants to be in that situation.
What Else are They Not Telling Me?
Correct me if I am wrong, but I highly doubt you will sit down to meet with a Nassau County or Suffolk County, a divorce attorney from Long Island can offer to handle your entire divorce case for $500 and that they will inform you that this fee does not include the costs associated with a trial. If your Long Island Divorce case proceeds to trial, it can cost upwards of $15,000 to $25,000. Your bargain basement priced attorney will certainly not assume those costs. So who is left to finance your divorce? You.
Additionally, at any time during your litigation, a Long Island Divorce Attorney can file a motion with the Court seeking to be removed from your matter. One of the main reasons a Divorce Attorney from Long Island would file such a motion is because his or her client is not paying their legal fees. If you opted for one of these low priced law firms, it is likely you were concerned about the financial aspect of your divorce. Accordingly, it is unlikely you will have $20,000 to fund long litigation over the marital residence or child custody. You do not want to wind up in the middle of a complicated litigation with no attorney, simply because you planned to pay him or her only $500 for your entire divorce. The firm got your $500, and you got stuck in the middle of a child custody battle with no attorney.
If I Should Stay Away from these Types of Offers, How Can I Pay for My Long Island Divorce?
There is no reason to opt for a divorce where your rights will not be properly protected. If you are extremely concerned about finances, speak to more than one divorce attorney, and make sure to express your concerns. If you require even more assistance, you can always contact your local bar association which may be able to guide you in the direction of pro bono services.
Why Do These Law Firms Offer These Divorces Then?
Large Long Island divorce law firms offering divorces at such low rates just want to get you in the door. To them, the constant cash flow is more important than the quality of their work and the rights of their clients. Besides, once they have you in the door, it’s a simpler matter to “upsell” you to a larger retainer. While the low price is attractive, you have to decide if protecting your rights now to ensure a positive future after your divorce is worth more than $450.
Receive a Free Divorce Attorney Long Island Consultation
If you have concerns about retaining affordable representation that will protect your rights now, and in the future, consult with an experienced Long Island divorce attorney. As a divorce attorney, Long Island’s Robert E. Hornberger, Esq., PC and his compassionate and experienced divorce lawyers can help. Call us at 631-923-1910 for a complimentary, confidential consultation or fill out the short form on this page and we’ll get right back to you
Download our Free New York Divorce Guide
Our 41-page “Guide to New York Divorce: What You Need to Know Before Hiring a Divorce Lawyer in New York” written by an experienced Divorce Attorney Long Island’s Robert E. Hornberger, Esq., provides you with real information on the divorce process and the laws it rests upon in the state of New York. This book will help give you a solid foundation upon which you can begin the process of making your family’s, life better. Download your Free Guide to New York Divorce here.
by Robert E. Hornberger, Esq | May 13, 2015
As a Long Island Divorce Lawyer, I have been captivated by the sweeping headlines of the past five years, and especially throughout the last couple weeks, regarding the heart-wrenching story of a Colorado man who never gave up hope of seeing his two daughters again. The story begins around 2010, when the man, Dennis Burns, was granted residential custody of his two children after a heated legal battle with his soon to be ex-wife, Ana Alianelli. Shortly thereafter, Ms. Alianelli took the parties’ two children to her native Argentina against both Burn’s wishes and the Court Order which stated the children were to reside with their father. After approximately five long years, numerous trips to Argentina, multiple court appearances and appeals and countless sleepless nights, Mr. Burns was finally reunited with his children in April 2015.
Please keep in mind there are underlying international abduction and kidnapping issues at play in the Burns’ matter; however, putting those aside for a moment, I believe the case highlighted certain aspects of custody battles which are important to couples experiencing similar circumstances in Nassau County and Suffolk County during their Long Island Divorce. In reading articles and watching news programs about the Burns family, the phrase “best interests of the child” was continuously mentioned.
If you’ve read in prior posts on the subject of Child Custody on this Long Island Divorce Law website, you will know that the best interests of the child is the standard used by the Courts in Nassau and Suffolk counties, and all divorce courts in New York state, when making a child custody determination.
Pretend for a moment there are no international issues involved, the parties in this case both reside within the State of New York and Ms. Alianelli legally relocated with the children from Long Island to Buffalo. Five years later, Mr. Burns files with the Family Court seeking a modification of the current child custody order to declare him the residential parent and order Ms. Alianelli to return the children to Long Island. Not only would the court consider whether the potential relocation was in the best interests of the children, but it would also consider whether the potential change in custody was in the child’s best interests.
Taking facts from the Burns’ matter and simply replacing Argentina with Buffalo, the court would certainly consider the fact that while in Buffalo with the children Ms. Alianelli refused to allow Mr. Burns reasonable access to them. Although there was an existing Court Order which directed Ms. Alianelli to allow Mr. Burns to communicate with the children via Skype three times a week, Ms. Alianelli continuously and willfully violated this Order. It is the court’s strong opinion that it is in the best interests of the children to have two loving and caring parents. Naturally, the court looks unfavorably upon one parent if he or she alienates the children from the other parent.
Furthermore, Ms. Alianelli refused to allow the children to speak to their paternal grandparents while in Buffalo. However, upon the children’s return to Long Island, Mr. Burns seems more than willing to facilitate their relationship with their mother, even permitting their mother to travel from Buffalo to Long Island with them and agreeing to allow their mother to enjoy supervised visitation with the children.
If you are seeking custody or a modification of custody you must demonstrate that you foster a relationship between not only the children and their other parent, but also between your children and the other parent’s family.
As stated, it is important to keep in mind there were underlying international issues at play in the Burns matter, however, the three factors previously mentioned play an extremely important role in your Long Island Divorce if there is a custody battle, or if you believe there is the potential for a custody battle. As much as you and your soon to be ex-spouse may not get along or cannot stand to be in the same room together, you cannot let that get in the way of the child or children’s relationship with their parents. If you truly seek to be the residential parent, you must facilitate and foster the relationship between your children and their other parent, as well as their relationship with the children and their extended family.
Questions About Child Custody and Visitation on Long Island?
To learn more about what you need to know about Child Custody on Long Island, visit this page on Child Custody or contact us at 631-923-1910 for a complimentary consultation.
Have Questions About Your Child Custody Case? Receive a Free Consultation from a Divorce Lawyer, Long Island’s Robert E. Hornberger, Esq.
If you have questions about your children’s custody or need more information about issues of Child Custody in Nassau County or Suffolk County on Long Island, you should immediately consult a local divorce lawyer. Long Island’s Robert E. Hornberger, Esq., PC’s compassionate and experienced divorce attorneys can help. Call us at 631-923-1910 for a complimentary, confidential consultation or fill out the short form on this page and we’ll get right back to you.
Download our Free New York Divorce Guide
Our 41-page “Guide to New York Divorce: What You Need to Know Before Hiring a Divorce Lawyer in New York” written by an experienced Divorce Attorney Long Island’s Robert E. Hornberger, Esq., provides you with real information on the divorce process and the laws it rests upon in the state of New York. This book will help give you a solid foundation upon which you can begin the process of making your family’s, life better. Download your Free Guide to New York Divorce here.
