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Maximize Your Divorce Settlement with Insights from a Seasoned Divorce Lawyer

Maximize Your Divorce Settlement with Insights from a Seasoned Divorce Lawyer

Maximize Your Divorce Settlement with Insights from a Seasoned Divorce Lawyer

Navigating the complexities of divorce can be emotionally and financially draining for everyone involved. When it comes to maximizing your divorce settlement, seeking insights from a reputable and experienced divorce law firm can make all the difference between a good divorce settlement and a bad divorce settlement. In this guide, we will delve into the strategies and considerations that can help you secure a fair and favorable outcome for you and your family. From understanding your rights to negotiating effectively, we will explore the key steps involved in the divorce settlement process. With the expertise of a seasoned divorce attorney, you will gain valuable perspectives on asset division, alimony, child custody, and other critical aspects of New York divorce law. By empowering yourself with this knowledge and professional guidance, you can approach your divorce proceedings with the confidence and clarity you need to succeed. Let’s embark on this journey together to uncover the essential tips and strategies you need to maximize your divorce settlement.
Free New York Divorce Lawyer Consultation
Free New York Divorce Lawyer Consultation

Financial Complexity and Expert Advice in Divorce Settlements

In complex divorce settlements, financial matters can often become incredibly intricate. From dividing assets to determining spousal support, the financial implications of a divorce can be overwhelming. This is where certified financial experts can play a crucial role. These professionals are equipped with the knowledge and expertise to navigate the intricate financial landscape of divorce proceedings. By enlisting the help of certified experts, individuals can ensure that their financial interests are protected and that settlements are reached fairly and equitably.

Role of Financial Analysts and Mediators in Divorce Settlement Negotiations

Financial analysts and divorce mediators can play a pivotal role in divorce settlement negotiations. Financial analysts bring a wealth of financial acumen to the table, helping individuals understand the implications of various financial decisions. They can assist in valuing assets, assessing tax implications, and creating financial projections to guide decision-making. Divorce Mediators, on the other hand, facilitate communication and negotiation between parties, helping to reach mutually agreeable settlements. By working in tandem, financial analysts and mediators help divorcing couples navigate the complexities of financial settlements, ultimately striving for outcomes that meet the needs of all parties involved.

Importance of Legal Counsel in Divorce Settlement Proceedings

In addition to financial experts, experienced legal counsel also plays a critical role in divorce settlements. Attorneys specializing in family law provide essential guidance on legal matters, ensuring that all aspects of the divorce process adhere to relevant laws and regulations. Legal counsel can help individuals understand their rights, obligations, and options when it comes to property division, child custody, and other legal issues. By having a knowledgeable attorney on your side, you can navigate the legal complexities of divorce with confidence and clarity.

Emotional and Psychological Support During Divorce

Beyond the financial and legal aspects, divorce can take a significant emotional toll on individuals. It is essential to recognize the emotional challenges that often accompany the divorce process and seek appropriate support. Therapists, counselors, and support groups can provide valuable emotional guidance and coping strategies to help individuals navigate the emotional upheaval of divorce. By addressing the emotional aspects of divorce, individuals can work toward healing and rebuilding their lives post-divorce.

Divorce Settlements Require a Multidisciplinary Approach

Navigating the financial complexities of divorce settlements requires a multidisciplinary approach. By enlisting the expertise of financial analysts, mediators, legal counsel, and emotional support professionals, individuals can navigate the divorce process with greater clarity and confidence. By working together, these experts help divorcing couples reach fair and equitable settlements that address both financial considerations and emotional well-being. Seeking expert advice and support throughout the divorce process can pave the way for a smoother transition into the next chapter of life.

divorce settlements long island ny

 

 

 

Child Support, Tax Implications, and Legal Considerations of Divorce Settlements

Impact of Divorce on Child Support and Tax Obligations

When going through a divorce, one of the critical aspects to consider is the impact it will have on child support and tax obligations. It’s essential to understand how child support payments are determined and how they can affect your taxes. Additionally, the legal implications of child support agreements should be carefully reviewed to ensure compliance with New York state law.

Addressing Tax Credits, Deductions, and Custody Issues

Another important topic to explore is how divorce can impact tax credits, deductions, and custody arrangements. Understanding the tax implications of divorce can help you make informed decisions regarding child custody and financial matters. It’s crucial to be aware of any tax credits or deductions you may be eligible for as a custodial or non-custodial parent. Moreover, negotiating custody arrangements must consider the best interests of the child while also addressing tax implications is vital for all parties involved.

Navigating child support, tax implications, and legal considerations during a divorce requires careful attention to detail and a thorough understanding of the relevant laws and regulations. Seeking professional advice from legal and financial experts can help ensure that you make informed decisions that protect your interests and those of your children.

Tax Implications of Child Support

Child support payments are typically not tax-deductible for the parent making the payments, nor are they considered taxable income for the parent receiving them. Understanding these tax implications is crucial for proper financial planning post-divorce. It’s advisable to consult with a tax professional to ensure compliance with tax laws and to explore any potential tax benefits or consequences related to child support.

Legal Considerations in Child Custody

When addressing custody issues during a divorce, it’s essential to prioritize the well-being of the child. Legal considerations such as visitation rights, decision-making authority, and parental responsibilities should be clearly outlined in a custody agreement. Working with a family law attorney can help ensure that the custody arrangement is legally sound and in the best interests of the child. Additionally, understanding the legal implications of custody arrangements can help prevent future disputes and ensure a smoother co-parenting experience.

Financial Planning and Child Support

Effective financial planning is crucial when navigating child support obligations post-divorce. Understanding the financial impact of child support payments, tax implications, and other related expenses can help you create a sustainable budget and secure your financial future. Consider working with a financial advisor to develop a comprehensive financial plan that accounts for child support, savings goals, and long-term financial stability.

In summary, child support, tax implications, and legal considerations are integral aspects of the divorce process that require careful attention and planning. By staying informed about the financial and legal implications of divorce, you can make well-informed decisions that protect your interests and support the well-being of your children.

 

 

Free New York Divorce Lawyer Consultation
Free New York Divorce Lawyer Consultation
Mr. Robert Hornberger is incredibly knowledgeable, professional, patient, and kind. I highly recommend him to anyone looking for an attorney that they can trust. You will get the information you need to make important decisions for yourself and family. Highly recommend!!

~ Laura Damico

 

Mediation, Court Procedures, and Finalizing Divorce Settlements

Benefits of Divorce Mediation and Legal Assistance

Navigating the intricate landscape of divorce proceedings requires a strategic approach that prioritizes effective communication, legal expertise, and a thorough understanding of court procedures. In this comprehensive section, we will explore the multifaceted benefits of divorce mediation, shed light on the nuances of the court review process, and emphasize the importance of skillfully finalizing settlements.

Divorce mediation stands out as a beacon of hope amidst the tumultuous sea of marital dissolution. By opting for mediation, couples can engage in constructive dialogue facilitated by a neutral mediator, fostering a cooperative environment where both parties can voice their concerns and work toward mutually agreeable solutions. This collaborative approach not only expedites the resolution process but also cultivates a sense of empowerment and autonomy, allowing individuals to actively shape the outcome of their divorce with dignity and respect.

The invaluable support of knowledgeable legal professionals cannot be overstated in yourof divorce proceedings. Seeking experienced legal assistance ensures that your rights are safeguarded, and critical decisions regarding asset division, child custody, and spousal support are made with clarity and foresight. A skilled attorney serves as a beacon of guidance, offering expert advice tailored to your unique circumstances and advocating for your best interests throughout your legal journey.

Transitioning from mediation to the court review process marks a pivotal stage in finalizing your divorce settlement. Courts meticulously scrutinize proposed agreements to verify their fairness and compliance with legal standards, underscoring the significance of meticulous preparation and adherence to regulatory requirements. Understanding the intricacies of court review not only streamlines the settlement finalization process but also instills confidence in the integrity and enforceability of the negotiated terms.

By equipping yourself with knowledge about mediation, legal advocacy, and court procedures, you empower yourself to navigate the complexities of divorce with resilience and clarity. Embrace the transformative potential of informed decision-making and collaborative problem-solving, paving the way for a smoother transition into a new chapter of your life filled with hope, empowerment, and renewed possibilities.

 

Free New York Divorce Lawyer Consultation
Free New York Divorce Lawyer Consultation

 

Insights from Legal Experts Key to Successful Divorce Settlements

Importance of Legal Support in Understanding Divorce Laws

Legal support is essential for individuals going through a divorce to understand their rights and obligations under the law. Legal experts provide valuable insights into the legal implications of various decisions, such as asset division, child custody, and alimony. By seeking legal guidance, individuals can make informed choices that protect their interests and ensure a fair outcome in the divorce process.

Expertise of Legal Professionals

Legal experts bring a wealth of knowledge and experience to the table when assisting individuals with divorce proceedings. They can explain complex legal concepts in a clear and understandable manner, ensuring that their clients are well-informed throughout the process. Moreover, experienced legal professionals can anticipate potential challenges and provide strategic advice to help clients navigate any obstacles that may arise.

Collaborative Decision-Making

Both early settlement panels and legal experts promote collaborative decision-making in divorce cases. By encouraging open communication and compromise, these professionals empower individuals to take an active role in shaping the outcome of their divorce. This collaborative approach not only fosters a sense of ownership over the decisions made but also increases the likelihood of reaching agreements that are sustainable in the long run.

Legal Experts are Invaluable Resources in Divorce Settlements

Insights from legal experts are invaluable resources for individuals navigating the complexities of divorce. By leveraging the expertise of these professionals and embracing a collaborative mindset, individuals can work toward achieving fair and mutually beneficial outcomes in their divorce proceedings.

Drafting and Reviewing Divorce Settlement Agreements

Divorce settlement agreements are crucial documents that outline the terms and conditions of a divorce. They can have a significant impact on the current and future lives of both parties involved, making it essential to ensure they are comprehensive, fair and sustainable for the long term. We will explore the key elements of a comprehensive divorce settlement agreement and discuss the importance of legal review and mediation in creating fair agreements.

Key Elements of a Comprehensive Divorce Settlement Agreement

A comprehensive divorce settlement agreement should address various aspects of the divorce to avoid future conflicts. Some key elements to include:

  • Division of Assets and Debts: Clearly outline how assets and debts will be divided between the parties.
  • Child Custody and Support: Establish a detailed plan for child custody, visitation rights, and child support payments.
  • Alimony or Spousal Support: Determine if any spousal support will be provided and specify the terms of such support.
  • Insurance and Benefits: Address issues related to health insurance, life insurance, and other benefits.

Importance of Legal Review and Mediation for Fair Agreements

Legal review and mediation can play crucial roles to ensure that divorce settlement agreements are fair and legally sound:

  • Legal Review: Seeking legal advice during the drafting process can help identify any potential issues and ensure that the agreement complies with relevant New York state laws.
  • Mediation: Mediation can help parties reach a mutually agreeable settlement with the assistance of a neutral third party. It promotes communication and can lead to more satisfactory outcomes for both parties.

Additional Considerations for a Divorce Settlement Agreement

  • Tax Implications: Address how taxes will be handled post-divorce, including implications for filing status, deductions, and credits.
  • Retirement Accounts: Detail how retirement accounts, pensions, and other long-term savings will be divided or maintained.
  • Real Estate and Mortgages: Determine the fate of the marital home, any other properties, and associated mortgage responsibilities.
  • Dispute Resolution Mechanisms: Include provisions for resolving disputes that may arise post-divorce, such as through arbitration or alternative dispute resolution methods.

Drafting and reviewing divorce settlement agreements requires careful consideration of many factors to protect the interests of all parties involved. By including key elements and seeking legal review and mediation, couples can work toward creating fair and comprehensive agreements that facilitate a smoother transition post-divorce. It is critical for individuals going through a divorce to prioritize communication, transparency, and legal guidance to ensure a successful and amicable resolution.

Support & Guidance Are the Keys to Maximize Your Divorce Settlement

Navigating the complexities of divorce can be overwhelming, but with the right guidance and support, you can maximize your settlement and secure a positive outcome. Hornberger Verbitsky, P.C., a trusted law firm specializing in divorce and family law on Long Island, offers valuable resources such as their informative books. “New York Divorce Guide: What You Need to Know Before Hiring a Divorce Lawyer in New York and “Successful Divorce Strategies: How to Ensure a Positive Resolution to the End of Your Marriage” . These resources can empower you with the knowledge you need to make informed decisions during this challenging time. Whether you are considering collaborative divorce, mediation, or need assistance with child custody or support matters, the expertise of Hornberger Verbitsky, P.C. Can guide you toward a successful resolution.

Contact Us for Assistance with Your Divorce Settlement

You don’t have to face this journey alone. The experienced team at Hornberger Vertbistsky, P.C. is here to help. To learn more and schedule a free consultation and case evaluation, contact us at 631-923-1910.

 

GET YOUR FREE CONSULTATION TODAY Call 631-923-1910 or fill in the form below

Get your complimentary consultation and case evaluation with our experienced attorneys today. Your attorney will describe the many options available and determine together which is the right solution for you. By the end of this  conversation, we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation. All Fields Are Required

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About the Author

Robert E. Hornberger, Esq., Founding Partner, Hornberger Verbitsky, P.C.

  • Over 20 years practicing matrimonial law
  • Over 1,000 cases successfully resolved
  • Founder and Partner of Hornberger Verbitsky, P.C.
  • Experienced and compassionate Long Island Divorce Attorney, Family Law Attorney, and Divorce Mediator
  • Licensed to practice law in the State of New York
  • New York State Bar Association member
  • Nassau County Bar Association member
  • Suffolk County Bar Association member
  • “Super Lawyer” Metro Rising Star
  • Nominated Best of Long Island Divorce Attorney four consecutive years
  • Alternative Dispute Resolution Committee Contributor
  • Collaborative Law Association of New York – Former Director
  • Martindale Hubbell Distinguished Designation
  • America’s Most Honored Professionals – Top 5%
  • Lead Counsel Rated – Divorce Law
  • American Institute of Family Law Attorneys 10 Best
  • International Academy of Collaborative Professionals
  • Graduate of Hofstra University School of Law
  • Double Bachelor’s degrees in Philosophy, Politics & Law and History from SUNY Binghamton University
Divorce Lawyer Long Island New York
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Melissa Rappa
Melissa Rappa
18:09 08 Feb 24
At one of the hardest and most stressful times of my life, it was so comforting to have a team at Hornberger and Verbitsky who ALWAYS responded in record speed to my questions, phone calls, emails or texts and who I felt really cared about helping me through this difficult time. It was a long few years and I am grateful to all of you. Thank you so much Rob, AnneMarie, Christine, Patty, Joan and Lawrence. Your guidance, professionalism and expertise is appreciated beyond measure.
Paul Carmichael
Paul Carmichael
16:21 11 Dec 23
I would give 6 stars if I could. I can't say enough good things about Robert and his firm. We were in a situation for over 2 years and I could have never made it through without Robert's experience and knowledge. He guided me through tough times when needed and his expertise could "read" the situation and make the next best move for me. He was tough when he needed to be tough (thankfully) and at the same time guided me through the process to make me feel comfortable in an uncomfortable situation. I would not want to go through this process without Robert and his team having my back. he helped move the case along and not waste any time or money. One last time, I 100% endorse Robert and his expertise.
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How Long Can a Divorce Take in New York?

How Long Can a Divorce Take in New York?

How Long Can a Divorce Take in New York?

One of the most common questions we hear from our clients is “how long can a divorce take in New York?”. This article will help answer this question if you are considering a divorce and want to know how long the process could take in New York.

When deciding to end your marriage, we understand that you want to know how long divorce proceedings take in New York. Unfortunately, every case is unique and the duration of your specific case depends largely on how many of the issues involved in your divorce you and your spouse can agree on and how quickly. The length of time your divorce will take in New York depends largely on whether it is an uncontested or contested divorce.

For an uncontested divorce with agreement on all issues like property division, child custody and child support, the divorce process in New York typically takes 3 to 6 months. If both you and your spouse are in agreement and cooperate, there are no objections and the divorce is granted without difficulty, your divorce can be finalized relatively quickly.

However, a contested divorce with disagreements over finances, assets, child arrangements and the many other issues to be resolved in your divorce often takes well over a year. Understandably, the longer your divorce continues and the more hours your divorce attorney has to work on your case, the higher your legal costs will go.

To help speed things along, it’s wise to work with an experienced divorce attorney from a reputable mid-sized divorce law firm. Attorneys with experience in Nassau County and Suffolk County courts can assist with negotiation, divorce mediation and collaborative divorce to resolve issues quickly and finalize your divorce settlement in the most efficient way. Choosing the right representation is key to avoiding unnecessary delays in your New York divorce.

Free New York Divorce Lawyer Consultation
Free New York Divorce Lawyer Consultation

The length of time it takes to finalize a divorce in New York depends on several factors really depends on the specifics of your situation. If everything is agreed upon upfront between you and your spouse, an uncontested divorce could be finalized within 3 to 6 months. However, if there are disputes over things like property, finances, or child custody, your divorce could easily drag the process out for over a year. The more issues that need to be resolved through the courts or with lawyers, the longer your divorce will likely take.

The key things that determine how long a divorce takes in New York include:

  • Whether you and your spouse can agree on major issues like how to split assets, debts, and child arrangements.
  • Whether either party objects to the divorce or contests what the other is requesting. If these can’t be resolved between you and your spouse and your attorneys, this can lead to going before a judge to resolve the issues.
  • The backlog of the court system and the availability of hearing dates for contested issues.
  • The complexity of assets to be divided, like businesses, investment accounts, and retirement plans. The more complex, the longer it takes.

So unfortunately, there’s no definitive timeline and a lot depends on your specific circumstances. But a range of 3 months to over a year for the entire divorce process is pretty typical in New York. The best advice is to be realistic, try to cooperate with your spouse as much as possible, and work with experienced divorce attorneys who can help navigate the process efficiently.

Contested Divorce in New York

A contested divorce happens when spouses cannot agree on important issues like how to divide property, spousal support, or child custody arrangements. In these situations, the court has to make final rulings on any unsettled issues through a legal process. This often makes the divorce drag on for a long time and cost a lot more money. Gathering evidence through things like interrogations, depositions, and subpoenas can extend the timeline further. It’s not uncommon for a contested divorce to take several years when things are complex.

Uncontested Divorce in New York

An uncontested divorce is faster and more affordable because spouses have already negotiated the terms themselves. They file a settlement agreement with the court, and a judge will typically grant the divorce within a few months. Because the spouses have reached their own agreement, the court does not need to make determinations on disputed issues through a trial. This streamlined process allows for a quicker resolution.

Divorce Mediation in New York

Divorce mediation is an alternative dispute resolution method where spouses work with a neutral divorce mediator to reach agreement. Mediation often shortens the timeline and reduces costs compared to litigation. Instead of court appearances and legal maneuvering, spouses meet with the mediator and each other to discuss concerns, priorities and options for settlement. The mediator helps facilitate compromise and draft a memorandum of understanding. If successful, the spouses can submit this agreement to the court and finalize the divorce within a few months. Mediation may be the best approach if you want to avoid a long, drawn-out court battle.

Factors That Can Lengthen How Long a Divorce Takes in New York

Contested Divorce Issues

In a contested divorce, disagreements over major issues like child custody, division of assets, alimony, and child support can significantly prolong the process. The more issues in dispute, the longer it may take to resolve them, especially if negotiations reach an impasse. You can reduce delays by compromising when possible and focusing on the key issues most important to you.

Poor Communication

A lack of open communication between spouses can hinder progress at every stage of the divorce. Unwillingness to share financial documents, reluctance to disclose relevant information to your attorney, or failure to respond to requests in a timely manner are all examples of poor communication that commonly cause delays. Making an effort to cooperate and maintain open lines of communication with your spouse and legal counsel can help expedite the process.

Unrealistic Expectations

Having unrealistic expectations about the outcome of your divorce can also extend the length of time it takes to finalize. The legal process of dividing assets and resolving custody matters takes time and may not always end in your favor. Understand that compromise is often necessary, and be willing to consider alternative solutions. Discussing expectations openly with your lawyer can help establish realistic timelines and outcomes.

The longer a divorce takes in New York, the higher the costs in legal fees and opportunity cost. While it can be a difficult process, approaching your divorce pragmatically and with realistic expectations can help minimize delays, reduce expenses, and allow you both to move forward as efficiently as possible.

Strategies to Shorten How Long a Divorce Takes in New York

So, how do you shorten how long a divorce can take in New York? Hiring an attorney experienced in divorce proceedings on Long Island, NY can help streamline your divorce process in New York. It’s important to choose a divorce lawyer wisely. Selecting an attorney with expertise in family law and years of experience handling divorces on Long Island, New York will ensure your case progresses as efficiently as possible. The more complex your divorce, the more critical it is to have properly experienced legal counsel.

Focus on key issues. Do not get embroiled in petty disputes. Concentrate on resolving the significant issues like division of major assets, spousal support, and custody arrangements. Compromise when you can to avoid lengthy legal battles over minor points of contention. The less you litigate, the less time your divorce will take.

Consider divorce mediation. If you and your spouse can come to an agreement on the division of assets and any custody issues, divorce mediation can help formalize your settlement quickly. A mediator can assist you in negotiating the terms of your divorce in a collaborative manner. Uncontested divorces typically take 3 to 6 months versus 12-18 months for contested divorces. The significant cost savings of a mediated settlement versus a litigated divorce are also appealing.

Consider divorce mediation if you and your spouse can agree. If you both can come to an agreement on how to split assets and handle any custody matters, mediation may help quickly formalize your settlement. A mediator will assist you in negotiating the terms of your divorce in a collaborative manner. Uncontested divorces usually take 3 to 6 months versus 12-18 months for contested divorces. The significant cost savings of a mediated settlement compared to a litigated divorce can also be appealing.

The length and cost of your divorce largely depends on your willingness and your spouse’s willingness to cooperate. Approach your divorce with a reasonable, practical and compromising attitude. Focus on the big picture issues rather than getting distracted by small grievances. Hiring an experienced New York divorce attorney along with considering mediation for an uncontested settlement can help move the process along as quickly and affordably as possible. The longer your divorce drags out, the more it will ultimately cost you both emotionally and financially.

The Cost Impact of a Lengthy Divorce in New York

Going through a divorce is difficult enough without adding excessive legal fees and costs to the process. The longer a divorce takes to finalize in New York, the higher the costs become for both parties. Each court appearance, motion, document filing, and exchange of correspondence racks up charges at your attorney’s hourly rate. According to the New York State Bar Association, the average divorce case in New York costs around $17,100 in legal fees alone.

Contested Divorces Take More Time in New York

Contested divorces, where spouses disagree on key issues like property division, spousal support, or child custody, often take 12-24 months or longer to resolve. During this time, legal costs can easily exceed $25,000 per party or more for complex cases. The more issues that require litigation and court intervention, the higher the fees become. It is not uncommon for some divorces to cost $50,000 or more by the time a final judgment is issued.

Uncontested Divorces Take Less Time in New York

In an uncontested divorce, spouses are able to come to an agreement on the division of marital assets and any issues involving children. Uncontested divorces typically take 3 to 6 months to finalize at a fraction of the cost. Legal fees can be less than $5,000 total since less court time is required. For those on a budget, an uncontested divorce or mediation are good options to consider in order to save time and money on your divorce in New York.

The costs associated with divorce are substantial. Do your best to come to an agreement with your spouse whenever possible to avoid lengthy court battles. Compromise and choosing uncontested options like mediation or collaborative divorce can help significantly reduce the time and money required to legally end your marriage in New York. The less time spent in divorce court, the more money stays in your pocket.

How an Experienced Long Island Divorce Lawyer Can Streamline Your Case

Superior Knowledge of Family Law

Experienced divorce attorneys have an in-depth understanding of New York’s complex family laws and legal procedures. They know how to navigate the Nassau County or Suffolk County court system efficiently and work to resolve issues as quickly as possible. Their expertise can help avoid delays caused by legal mistakes or insufficient knowledge of proper procedures.

Aggressive Representation

Seasoned divorce lawyers are skilled negotiators and litigators. They will aggressively represent your interests while also taking a pragmatic approach to resolving disputes. They understand how to determine what issues are worth pursuing in court and will fight tenaciously for your rights regarding custody, support, and asset division. At the same time, they seek to resolve issues amicably when possible to minimize conflict and legal fees.

Attention to Detail

Highly qualified divorce attorneys pay meticulous attention to the details in your case. They carefully review all documents and fully investigate the facts to identify key issues. Their sharp attention to detail allows them to craft persuasive arguments and identify weaknesses in the other party’s position. They leave no stone unturned in building the strongest case possible to achieve the best outcome for their clients.

Experienced divorce lawyers understand how to streamline the legal process as much as possible while still protecting your interests. Their knowledge, experience, and diligence can help reduce delays, avoid excess fees, and achieve fair results so you can move on with your life. For the quickest, most cost-effective divorce, retaining a skilled attorney is well worth the investment.

Contact Hornberger Verbitsky, P.C. for a Free Consultation and Case Evaluation

If you are considering ending your marriage on Long Island, New York, it is important to understand the divorce process and factors that determine how long it may take. The length of time for a divorce to be finalized depends largely on whether it is contested or uncontested.

If possible, focus on reaching an amicable agreement that works for both of you. A drawn-out, contentious divorce benefits no one – especially your children. Take a practical, problem-solving approach and try to see things from your spouse’s perspective. With effort from both sides, you may be able to resolve most issues outside of court, reducing how long a divorce can take in New York.

If you have any other questions about divorce in New York or need help navigating your options, feel free to reach out to us at 631-923-1910. We will be happy to discuss your situation and help determine the best path forward.

At Hornberger Verbitsky, P.C., our divorce attorneys have over 50 years of combined experience helping clients through the legal complexities of divorce. We offer expert guidance on contested and uncontested divorce, legal separation, mediation, and child custody. Call us today at 631-923-1910 for a free initial consultation and case evaluation. We will review the details of your unique situation, provide an estimate of the time and costs involved, and work to resolve your divorce as quickly and affordably as possible. The sooner you contact us, the sooner we can start moving you through the process toward a new beginning.

 

GET YOUR FREE CONSULTATION TODAY Call 631-923-1910 or fill in the form below

Get your complimentary consultation and case evaluation with our experienced attorneys today. Your attorney will describe the many options available and determine together which is the right solution for you. By the end of this  conversation, we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation. All Fields Are Required

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Summary of How Long Can a Divorce Take in New York

Divorce can be both an emotionally and financially draining process. The longer it takes, the more emotionally and financially draining it is. An experienced divorce attorney can develop strategies to resolve issues efficiently and reduce the financial and emotional strain. Prioritize your children’s well-being and your long-term financial stability over prolonging conflicts. Consider mediation for an amicable settlement. The skilled Long Island divorce lawyers at Hornberger Verbitsky, P.C. have helped many clients end marriages while minimizing costs and emotional strain. With over 50 years of combined experience, our attorneys serve clients in Nassau and Suffolk Counties. Contact us today at 631-923-1910 or fill out the short form on this page to start the process of finalizing your divorce so you can move forward with your life. We will be happy to provide you with a free consultation and case evaluation.

Ending a marriage is never easy, but taking the right steps to minimize conflict and make the process as smooth as possible will help you move on more quickly. Consider the following:

  • Agree to keep communication civil and focused on the children’s needs. Avoid making personal attacks or accusations.
  • Settle as many issues as you can without involving lawyers to save on legal fees. Focus on priorities like dividing assets, determining child custody and support.
  • Seek the help of a marriage counselor or mediator to resolve disagreements and come to an amicable settlement. They can offer an unbiased perspective to help you find common ground.
  • Take time for yourself. Make self-care a priority during this stressful period. Exercise, spend time with friends, and pursue hobbies that bring you joy.
  • Be open with your children in an age-appropriate way. Explain the changes in an honest yet positive manner.

Key aspects that impact how long a divorce takes in New York:

  • The number of disputed issues. The more issues that need to be settled through litigation or negotiation, the longer the divorce proceedings will take.
  • Communication and cooperation. A lack of effective communication and willingness to cooperate between spouses leads to delays.
  • Unreasonable demands. Requests that cannot legally be granted under New York divorce laws prolong the divorce process.
  • Legal representation. Experienced divorce attorneys can expedite a case through negotiation, mediation and litigation if needed.

There are ways to shorten the process:

  • Focus on resolving important matters like finances, child custody and support first. Compromise where possible to come to an agreement.
  • Consider mediation to settle some or all issues out of court. This can streamline the legal process.
  • Hire an experienced New York divorce attorney to efficiently guide you through the divorce proceedings.

The longer a divorce drags on, the more stressful and expensive it becomes. With a practical approach and the right legal help, you can minimize delays to finalize your divorce and move forward with the next chapter of your life. Let’s discuss your options further so we can help you achieve the best possible outcome for your unique situation. Contact us at 631-923-1910 or fill out the short form on this page for a free consultation and case evaluation.

About the Author

Robert E. Hornberger, Esq., Founding Partner, Hornberger Verbitsky, P.C.

  • Over 20 years practicing matrimonial law
  • Over 1,000 cases successfully resolved
  • Founder and Partner of Hornberger Verbitsky, P.C.
  • Experienced and compassionate Long Island Divorce Attorney, Family Law Attorney, and Divorce Mediator
  • Licensed to practice law in the State of New York
  • New York State Bar Association member
  • Nassau County Bar Association member
  • Suffolk County Bar Association member
  • “Super Lawyer” Metro Rising Star
  • Nominated Best of Long Island Divorce Attorney four consecutive years
  • Alternative Dispute Resolution Committee Contributor
  • Collaborative Law Association of New York – Former Director
  • Martindale Hubbell Distinguished Designation
  • America’s Most Honored Professionals – Top 5%
  • Lead Counsel Rated – Divorce Law
  • American Institute of Family Law Attorneys 10 Best
  • International Academy of Collaborative Professionals
  • Graduate of Hofstra University School of Law
  • Double Bachelor’s degrees in Philosophy, Politics & Law and History from SUNY Binghamton University
Divorce Lawyer Long Island New York
Google Review of divorce longisland
Melissa Rappa
Melissa Rappa
18:09 08 Feb 24
At one of the hardest and most stressful times of my life, it was so comforting to have a team at Hornberger and Verbitsky who ALWAYS responded in record speed to my questions, phone calls, emails or texts and who I felt really cared about helping me through this difficult time. It was a long few years and I am grateful to all of you. Thank you so much Rob, AnneMarie, Christine, Patty, Joan and Lawrence. Your guidance, professionalism and expertise is appreciated beyond measure.
Paul Carmichael
Paul Carmichael
16:21 11 Dec 23
I would give 6 stars if I could. I can't say enough good things about Robert and his firm. We were in a situation for over 2 years and I could have never made it through without Robert's experience and knowledge. He guided me through tough times when needed and his expertise could "read" the situation and make the next best move for me. He was tough when he needed to be tough (thankfully) and at the same time guided me through the process to make me feel comfortable in an uncomfortable situation. I would not want to go through this process without Robert and his team having my back. he helped move the case along and not waste any time or money. One last time, I 100% endorse Robert and his expertise.
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Successful Divorce Strategies Free eBook
Child Support & Spousal Maintenance Tools
Spousal Maintenance Calculator
Child Support Calculator
Hornberger Verbitsky, P.C. respects your right to privacy. We will never sell your information to any third party. Follow this link to read our full privacy policy.

How to File for Divorce in New York

How to File for Divorce in New York

How to File for Divorce in New York

Navigating Divorce in Nassau and Suffolk County, Long Island, NY

No one enters a marriage expecting it to end in divorce. Sadly, this is all too often the case as spouses grow apart and determine that they want different things in their lives. If you find yourself contemplating divorce in Nassau or Suffolk County, Long Island, understanding the process can empower you to move forward. This blog post provides an overview of how to file for divorce in New York, focusing on the Long Island counties of Nassau and Suffolk. It’s important to remember that every couple and every divorce situation is unique, and therefore it’s crucial to have experienced legal guidance to navigate the complexities involved in your specific divorce case.

Free New York Divorce Lawyer Consultation
Free New York Divorce Lawyer Consultation

Grounds for Divorce in New York State

New York state is a no-fault divorce state, meaning you don’t need to prove your spouse’s wrongdoing to obtain a divorce. You can file for divorce based on what is known as irretrievable breakdown of the marriage for at least six months. However, if you feel the need to divorce your spouse on grounds, there are seven grounds for divorce in New York, including:

  • adultery
  • cruel and inhuman treatment
  • abandonment
  • imprisonment
  • divorce after a legal separation agreement
  • divorce after a judgement of separation
  • irretrievable breakdown of the marriage for at least six months (No Fault Divorce)

While the first six grounds are rarely used since New York became the last state in the U.S. to enact true “no-fault” divorce in 2010, they can be relevant to certain couples in specific situations.

Residency Requirements in New York

To file for divorce in New York, the state has specific residency requirements, including:

  • At least one spouse must have been living in the state continuously for the past two years before the divorce case is started
  • At least one spouse has been living in the state continuously for at least one year
  • You were married in New York state
  • You lived in New York state as a married couple
  • The grounds for your divorce happened in New York state
  • Both you and your spouse are residents of New York state on the day the divorce is started and the grounds for your divorce happened in New York state.

This residency requirement ensures that New York courts have legal jurisdiction over your case.

Uncontested vs. Contested Divorce

An uncontested divorce occurs when both spouses agree on all aspects of the settlement, including child custody, property division, and alimony. This streamlined process is generally faster and less expensive. In contrast, a contested divorce arises when spouses cannot reach agreements, requiring the court to intervene and decide on disputed issues. Contested divorces can be lengthy, expensive and emotionally draining. In between the two are when the spouses agree on most of the aspects of the divorce settlement, but need help negotiating on a few issues. In these cases, if the spouses are on speaking terms and can have an amicable relationship, methods such as divorce mediation or collaborative divorce can help them get over the few remaining issues and resolve the divorce uncontested.

How to File for Divorce in Nassau County or Suffolk County, NY

Initial Steps

The initial steps in filing for divorce in Nassau County or Suffolk County involve gathering essential documents like your marriage certificate, proof of residency, and financial records. Consulting with a qualified and experienced Long Island divorce lawyer at this stage is highly recommended. An experienced divorce attorney can guide you through the process, discuss your specific circumstances, and develop a personalized strategy to protect your interests.

Filing the Petition

The divorce process formally begins with filing a petition, usually a Summons with Notice or Summons and Complaint, with the Suffolk County or Nassau County Clerk’s Office. This petition outlines the grounds for divorce and requests the court to dissolve the marriage. You can find more information and resources for filing for divorce on the New York State Unified Court System’s website.

Serving Your Spouse

Once the petition is filed, it’s crucial to serve your spouse with the divorce papers within 120 days in New York state. This can be done personally or through alternative methods if their whereabouts are unknown.

Negotiation or Trial

Uncontested divorces involve negotiation between spouses and/or their lawyers to reach a divorce settlement agreement. In contested divorces, the court may order a discovery process where spouses exchange information and documents to build their cases. Ultimately, contested divorces may require a court trial to resolve outstanding issues.

Reaching a Settlement Agreement

A comprehensive settlement agreement is vital in any divorce. This agreement outlines all divorce-related issues, including child custody and visitation arrangements, division of marital property and debt, and spousal maintenance (alimony). An experienced Long Island divorce lawyer can ensure your settlement agreement is fair, protects your rights, and addresses all necessary details. Your settlement agreement is a very important legal document that will have ramifications on your future for years to come. It is critically important that, even if you believe you and your spouse agree on all the terms of your divorce from the outset, that you have an experienced divorce attorney review this document before you sign it. There are issues that may come up years down the road you cannot possibly foresee now, but that an experienced divorce attorney will have seen hundreds of times. This is the best way to protect your future self and enable you to move on with your life after your divorce.

Final Hearing and Judgment

For uncontested divorces, a final court hearing is typically scheduled to finalize the divorce decree. The judge will review the settlement agreement and grant the divorce if everything is in order.

Considerations for Your Long Island, NY Divorce

Several crucial issues require careful consideration in a divorce settlement:

  • Child Custody and Visitation: If you have children, determining custody and visitation schedules is essential. An experienced Long Island divorce lawyer can help you navigate child custody arrangements that prioritize your children’s well-being and protect your right to be involved in your child’s life going forward.
  • Division of Marital Property and Debt: New York follows “equitable distribution” principles in dividing marital property and debt. In New York, marital property and debt are divided fairly, not necessarily equally. An experienced divorce lawyer can ensure a fair division based on your specific circumstances.
  • Spousal Maintenance (Alimony): In some cases, one spouse may be entitled to financial support from the other. A qualified divorce attorney can advise you on your eligibility for alimony and negotiate a fair support agreement on both sides. Whether you are the payor or the payee, it’s important to have an experienced divorce attorney help you with your spousal maintenance agreement. You want to be sure you receive everything to which you are entitled or not pay more than you should.

Benefits of Hiring an Experienced Long Island, NY Divorce Lawyer

Divorce is a complex legal process with significant emotional and financial implications. Hiring a skilled, experienced and compassionate Long Island, NY divorce lawyer from Hornberger Verbitsky, P.C. offers numerous advantages:

  • Expert Guidance: We have extensive experience handling divorces in Nassau County and Suffolk County. We can guide you through each step, ensuring you understand your rights and options. We will protect your rights to your property and your children every step of the way.
  • Strategic Representation: We will develop a personalized strategy tailored to your unique circumstances. Our goal is to achieve a favorable outcome that protects your assets, minimizes financial burdens, and prioritizes your well-being.
  • Negotiation and Advocacy: Our attorneys are skilled negotiators who will advocate fiercely on your behalf. We will fight to secure a fair settlement agreement that reflects your interests.
  • Legal Expertise: We possess in-depth knowledge of New York divorce law, including child custody statutes, property division guidelines, and alimony regulations. This expertise allows us to navigate complex legal issues effectively.
  • Emotional Support: Divorce can be a highly emotional experience. Our compassionate team will provide support and guidance throughout the process, helping you navigate this challenging time.
  • Efficiency and Cost-Effectiveness: While the cost of divorce will vary depending on the complexity of your case, our experienced divorce and family law lawyers can help streamline the process, potentially saving you time and money in the long run.

Schedule a Free Consultation with an Experienced Long Island, NY Divorce Lawyer

At Hornberger Verbitsky, P.C., we understand the emotional and financial challenges associated with divorce. We are committed to providing compassionate, effective and aggressive legal representation to clients throughout Nassau County and Suffolk County. Contact us today at 631-923-1910 or fill out the form on this page to schedule a free consultation and case evaluation and discuss your divorce options. We are here to help you navigate the path forward with confidence.

GET YOUR FREE CONSULTATION TODAY Call 631-923-1910 or fill in the form below

Get your complimentary consultation and case evaluation with our experienced attorneys today. Your attorney will describe the many options available and determine together which is the right solution for you. By the end of this  conversation, we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation. All Fields Are Required

* indicates required

About the Author

Robert E. Hornberger, Esq., Founding Partner, Hornberger Verbitsky, P.C.

  • Over 20 years practicing matrimonial law
  • Over 1,000 cases successfully resolved
  • Founder and Partner of Hornberger Verbitsky, P.C.
  • Experienced and compassionate Long Island Divorce Attorney, Family Law Attorney, and Divorce Mediator
  • Licensed to practice law in the State of New York
  • New York State Bar Association member
  • Nassau County Bar Association member
  • Suffolk County Bar Association member
  • “Super Lawyer” Metro Rising Star
  • Nominated Best of Long Island Divorce Attorney four consecutive years
  • Alternative Dispute Resolution Committee Contributor
  • Collaborative Law Association of New York – Former Director
  • Martindale Hubbell Distinguished Designation
  • America’s Most Honored Professionals – Top 5%
  • Lead Counsel Rated – Divorce Law
  • American Institute of Family Law Attorneys 10 Best
  • International Academy of Collaborative Professionals
  • Graduate of Hofstra University School of Law
  • Double Bachelor’s degrees in Philosophy, Politics & Law and History from SUNY Binghamton University
Divorce Lawyer Long Island New York
Google Review of divorce longisland
Melissa Rappa
Melissa Rappa
18:09 08 Feb 24
At one of the hardest and most stressful times of my life, it was so comforting to have a team at Hornberger and Verbitsky who ALWAYS responded in record speed to my questions, phone calls, emails or texts and who I felt really cared about helping me through this difficult time. It was a long few years and I am grateful to all of you. Thank you so much Rob, AnneMarie, Christine, Patty, Joan and Lawrence. Your guidance, professionalism and expertise is appreciated beyond measure.
Paul Carmichael
Paul Carmichael
16:21 11 Dec 23
I would give 6 stars if I could. I can't say enough good things about Robert and his firm. We were in a situation for over 2 years and I could have never made it through without Robert's experience and knowledge. He guided me through tough times when needed and his expertise could "read" the situation and make the next best move for me. He was tough when he needed to be tough (thankfully) and at the same time guided me through the process to make me feel comfortable in an uncomfortable situation. I would not want to go through this process without Robert and his team having my back. he helped move the case along and not waste any time or money. One last time, I 100% endorse Robert and his expertise.
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Successful Divorce Strategies Free eBook
Child Support & Spousal Maintenance Tools
Spousal Maintenance Calculator
Child Support Calculator
Hornberger Verbitsky, P.C. respects your right to privacy. We will never sell your information to any third party. Follow this link to read our full privacy policy.

Who Loses the Most in a Long Island, NY Divorce?

Who Loses the Most in a Long Island, NY Divorce?

Who Loses the Most in a Long Island, NY Divorce?

Regardless of whether you initiated your divorce or you are the one on the receiving end of this decision, a Long Island, NY divorce is sure to bring up numerous emotions, feelings, and concerns for you and your family. Whether you are going through an uncontested divorce or, especially in a contested divorce, proceedings may get heated – and you might feel angry, frustrated, and confused as well as hurt and sad. These are all normal reactions during the course of such an emotional experience as a divorce.

Emotional losses and financial losses are both major concerns as you navigate your divorce, so if you are considering ending your marriage, you will want to evaluate potential losses, consider how to best protect yourself, and ensure that you are set up to get back on your feet and on with your life again as soon as possible.

Free New York Divorce Lawyer Consultation

Coping With Financial Losses During a Long Island, NY Divorce

If you are like most people going through or about to go through a divorce on Long Island, NY, you will search Google, asking questions about divorce. You may stumble across statistics claiming that divorces are more impactful on men than women – or vice versa. For instance, research shows that men typically suffer a larger decline in their standard of living, with a drop between 10% and 40%. This can be linked to responsibilities regarding alimony and child support as well as new housing obligations.

On the flip side, women who do not have paid employment during the marriage can be suddenly faced with a challenging job search as they reevaluate their role in supporting their family. And even women who do have a job during a marriage tend to see their income drop by 20% after a divorce.  

Ultimately, divorce can be financially taxing for both spouses, so it’s important to protect yourself and your assets throughout the process. Equitable distribution laws in New York aim to fairly divide marital property (including the contents of shared bank accounts, property, and more) – and it’s important to remember that marital misconduct or fault is typically not considered when property is divided up. Instead, courts in New York look at your family’s financial situation holistically.

If you suspect that your ex is trying to hide assets or income, it’s important to get a trusted divorce lawyer involved as soon as possible. You are entitled to a certain level of spousal support if your partner is the higher-earning spouse, so it’s crucial that the financial disclosure is accurate and complete.

How to Handle Emotional Losses in Your Long Island, NY Divorce

Oftentimes, the emotional fallout of your divorce is just as, or more, damaging as the financial fallout. As you navigate a divorce in New York, it’s crucial to look out for yourself and ensure that you are caring for your mental and emotional wellbeing. Both partners will suffer emotionally from the hurt and anger often associated with divorce.

Here are a few of our tips for dealing with the emotional impact of getting divorced on Long Island, NY:

  • Talk to friends you can trust – but don’t share too much with mutual friends.
  • Take time for self-care.
  • Surround yourself with family who will support you.
  • Talk to a therapist.
  • Stay busy – reconnect with old hobbies or try a new one.

Safeguarding your emotional wellbeing is an important piece of successfully navigating your divorce and making sure that your losses are under control. It can be key to moving on with your life post-divorce.

Protecting Your Family Through a New York Divorce

Unfortunately, children in a divorce often end up losing the most when it comes to their emotional and mental wellbeing. As you navigate your divorce, it is important to ensure that your children are getting the support that they need from both parents as well as from other adults and potentially a family therapist. Communicating clearly with your children is key.

While sharing custody with your ex and potentially seeing less of your children can be a challenging piece of divorce, it’s crucial to look out for the best interests of your offspring. If you need assistance securing an agreeable child custody arrangement, it’s time to call in a divorce lawyer who can help you advocate for you and your children.

Choose Hornberger Verbitsky, P.C. for Trusted Legal Advice for Your Long Island Divorce

As you navigate divorce on Long Island, NY finding the right divorce attorney is key to achieving a successful outcome for you and your family. When it comes to divorce, our team of experienced family law attorneys has seen it all and resolved thousands of divorces for people just like you.  

Contact us to learn more about your legal options or book a free initial consultation to discuss your case in detail. Call now at 631-923-1910 or complete our short contact form and we’ll get in touch with you.

GET YOUR FREE CONSULTATION TODAY Call 631-923-1910 or fill in the form below

Get your complimentary consultation and case evaluation with our experienced attorneys today. Your attorney will describe the many options available and determine together which is the right solution for you. By the end of this  conversation, we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation. All Fields Are Required

* indicates required

About the Author

Robert E. Hornberger, Esq., Founding Partner, Hornberger Verbitsky, P.C.

  • Over 20 years practicing matrimonial law
  • Over 1,000 cases successfully resolved
  • Founder and Partner of Hornberger Verbitsky, P.C.
  • Experienced and compassionate Long Island Divorce Attorney, Family Law Attorney, and Divorce Mediator
  • Licensed to practice law in the State of New York
  • New York State Bar Association member
  • Nassau County Bar Association member
  • Suffolk County Bar Association member
  • “Super Lawyer” Metro Rising Star
  • Nominated Best of Long Island Divorce Attorney four consecutive years
  • Alternative Dispute Resolution Committee Contributor
  • Collaborative Law Association of New York – Former Director
  • Martindale Hubbell Distinguished Designation
  • America’s Most Honored Professionals – Top 5%
  • Lead Counsel Rated – Divorce Law
  • American Institute of Family Law Attorneys 10 Best
  • International Academy of Collaborative Professionals
  • Graduate of Hofstra University School of Law
  • Double Bachelor’s degrees in Philosophy, Politics & Law and History from SUNY Binghamton University
Divorce Lawyer Long Island New York
Google Review of divorce longisland
Melissa Rappa
Melissa Rappa
18:09 08 Feb 24
At one of the hardest and most stressful times of my life, it was so comforting to have a team at Hornberger and Verbitsky who ALWAYS responded in record speed to my questions, phone calls, emails or texts and who I felt really cared about helping me through this difficult time. It was a long few years and I am grateful to all of you. Thank you so much Rob, AnneMarie, Christine, Patty, Joan and Lawrence. Your guidance, professionalism and expertise is appreciated beyond measure.
Paul Carmichael
Paul Carmichael
16:21 11 Dec 23
I would give 6 stars if I could. I can't say enough good things about Robert and his firm. We were in a situation for over 2 years and I could have never made it through without Robert's experience and knowledge. He guided me through tough times when needed and his expertise could "read" the situation and make the next best move for me. He was tough when he needed to be tough (thankfully) and at the same time guided me through the process to make me feel comfortable in an uncomfortable situation. I would not want to go through this process without Robert and his team having my back. he helped move the case along and not waste any time or money. One last time, I 100% endorse Robert and his expertise.
js_loader

Successful Divorce Strategies Free eBook
Child Support & Spousal Maintenance Tools
Spousal Maintenance Calculator
Child Support Calculator
Hornberger Verbitsky, P.C. respects your right to privacy. We will never sell your information to any third party. Follow this link to read our full privacy policy.

The Ultimate Guide to Navigating Divorce on Long Island, NY

The Ultimate Guide to Navigating Divorce on Long Island, NY

The Ultimate Guide to Navigating Divorce on Long Island, NY

Every divorce is different, but in terms of the legal proceedings, there are some commonalities that run through each case. Whether or not your divorce is contested or uncontested, it is crucial to understand the process of filing for and finalizing divorce on Long Island, NY. This guide will share some of the most important strategies, tips and tricks to ensure your divorce process goes as smoothly as possible.

Free New York Divorce Lawyer Consultation

6 Tips for a Successful Long Island, NY Divorce

Navigating divorce on Long Island, NY can be challenging, but these six tips from our experienced team of divorce lawyers, can set you up for success.

#1: Consider Your Options

Married couples have three legal options to begin to end their marriage in New York: legal separation, annulment, and divorce. Legal separation is not the same as physical separation, and it addresses many of the same issues that standard divorce proceedings do (including finances, custody, and property). However, the couple remains legally married.

Why consider legal separation? If one spouse is not a U.S. citizen, divorce could risk deportation. Other couples opt for legal separation due to religious reasons. There are financial benefits as well, such as keeping health insurance and filing taxes jointly. If none of these factors influence you, however, a more typical divorce might be the right choice.

#2: Decide Whether You Need a Contested or Uncontested Divorce as Early as Possible

There are essentially two types of divorces in New York: contested and uncontested. In a nutshell, an uncontested divorce can occur when both spouses want to get a divorce and fully agree about child custody, finances, and property distribution after the divorce. While most divorces in New York state are contested, uncontested divorces typically do not require litigation. That said, even if you and your spouse are in full agreement on the terms of your divorce, it’s important to hire an experienced divorce lawyer to represent you. Divorce agreements are complex, legally binding documents that can have far-reaching consequences for you and your family for years to come. Only an experienced divorce attorney will know and understand all the myriad of questions to ask and issues to address to ensure you and your family are fully protected and you are not blind-sided by some unforeseen circumstance in the future.

If you do need a contested divorce, that means that you and your spouse either disagree on the desire to get a divorce; the grounds for the divorce; or what will happen to your children, finances, or property after the divorce. If your divorce is contested, we highly recommend that you find an experienced divorce lawyer to represent you as soon as possible. Contested divorces can become fraught with issues and contentious quickly and it’s best to have qualified representation before you unwittingly create more problems for yourself that can’t be undone.

#3: Think About Child Custody Arrangements

If you and your spouse share children, it is important to think about how you will manage custody after your divorce takes place. There are two types of child custody in New York: physical and legal. Legal custody refers to the right to make major decisions about your child, whereas physical custody refers to whom the child lives with on a day-to-day basis.

Judges will account for numerous factors in their custody decisions, including who has been the primary caretaker previously, the quality of each parent’s home environment, and more. The guiding principle in child custody decisions in New York state is “the best interest of the child”. If you want to gain (or regain) custody of your children, it’s important to ensure you will have a safe and stable home environment in which they can live.

#4: Determine Your Net Worth

One of the most contested issues in Long Island, NY divorces is finances: who will pay or receive spousal support, how property will be divided, what to do with joint savings accounts, debts, retirement accounts and more. Before getting divorced, it is a good idea to determine your net worth so that you have an idea of where you stand financially. This will also help your attorney and the court negotiate appropriate payments.

#5: Ensure Your Safety After Filing for Divorce

In situations involving abuse on Long Island, NY, your and your children’s safety must come first. If you are concerned for your safety, you should file for an Order of Protection to keep your spouse away from you and your children, if you have them. This extends to not only physical violence but also emotional, verbal, sexual, and financial abuse. Taking steps to protect yourself as you file for divorce is essential, and you must make this your first priority.

#6: Choose a Trusted, Experienced Divorce Lawyer to Represent You

As you navigate a contested divorce on Long Island, NY, legal representation is essential to ensuring that you and your best interests are protected. It is crucial to select an experienced divorce lawyer, like our team at Hornberger Verbitsky, P.C., who has handled thousands of cases like this before. You need an ally to look out for your interests, and that is the role of your divorce lawyer.

Choose Hornberger Verbitsky, P.C. When You Need Trusted Legal Advice for Your Long Island, NY Divorce

As you navigate divorce on Long Island, NY use these strategies to help you achieve a successful outcome for your family. For a more comprehensive guide, download our free e-e-books, “New York Divorce Guide” and “Successful Divorce Strategies”. When it comes to Long Island, NY divorce, our team has seen it all and developed strategies to ensure your rights are protected now, and in the future. Contact us to learn more about your legal options or book a free initial consultation to discuss your case in detail. Call now at 631-923-1910 or complete our short contact form, and we’ll get in touch with you to schedule your case evaluation.

GET YOUR FREE CONSULTATION TODAY Call 631-923-1910 or fill in the form below

Get your complimentary consultation and case evaluation with our experienced attorneys today. Your attorney will describe the many options available and determine together which is the right solution for you. By the end of this  conversation, we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation. All Fields Are Required

* indicates required

About the Author

Robert E. Hornberger, Esq., Founding Partner, Hornberger Verbitsky, P.C.

  • Over 20 years practicing matrimonial law
  • Over 1,000 cases successfully resolved
  • Founder and Partner of Hornberger Verbitsky, P.C.
  • Experienced and compassionate Long Island Divorce Attorney, Family Law Attorney, and Divorce Mediator
  • Licensed to practice law in the State of New York
  • New York State Bar Association member
  • Nassau County Bar Association member
  • Suffolk County Bar Association member
  • “Super Lawyer” Metro Rising Star
  • Nominated Best of Long Island Divorce Attorney four consecutive years
  • Alternative Dispute Resolution Committee Contributor
  • Collaborative Law Association of New York – Former Director
  • Martindale Hubbell Distinguished Designation
  • America’s Most Honored Professionals – Top 5%
  • Lead Counsel Rated – Divorce Law
  • American Institute of Family Law Attorneys 10 Best
  • International Academy of Collaborative Professionals
  • Graduate of Hofstra University School of Law
  • Double Bachelor’s degrees in Philosophy, Politics & Law and History from SUNY Binghamton University
Divorce Lawyer Long Island New York
Google Review of divorce longisland
Melissa Rappa
Melissa Rappa
18:09 08 Feb 24
At one of the hardest and most stressful times of my life, it was so comforting to have a team at Hornberger and Verbitsky who ALWAYS responded in record speed to my questions, phone calls, emails or texts and who I felt really cared about helping me through this difficult time. It was a long few years and I am grateful to all of you. Thank you so much Rob, AnneMarie, Christine, Patty, Joan and Lawrence. Your guidance, professionalism and expertise is appreciated beyond measure.
Paul Carmichael
Paul Carmichael
16:21 11 Dec 23
I would give 6 stars if I could. I can't say enough good things about Robert and his firm. We were in a situation for over 2 years and I could have never made it through without Robert's experience and knowledge. He guided me through tough times when needed and his expertise could "read" the situation and make the next best move for me. He was tough when he needed to be tough (thankfully) and at the same time guided me through the process to make me feel comfortable in an uncomfortable situation. I would not want to go through this process without Robert and his team having my back. he helped move the case along and not waste any time or money. One last time, I 100% endorse Robert and his expertise.
js_loader

Successful Divorce Strategies Free eBook
Child Support & Spousal Maintenance Tools
Spousal Maintenance Calculator
Child Support Calculator
Hornberger Verbitsky, P.C. respects your right to privacy. We will never sell your information to any third party. Follow this link to read our full privacy policy.

How to Reduce Financial Loss During Divorce on Long Island, NY

How to Reduce Financial Loss During Divorce on Long Island, NY

How to Reduce Financial Loss During Divorce on Long Island, NY

There’s no getting away from the fact that divorce on Long Island, NY impacts nearly every part of your and your family’s life. One of the most significant and potentially devastating, to one party or the other, or both, is the family’s finances.

There are many ways that divorce can change the financial situation of each party to the divorce. To manage these changes, and minimize the negative effects these changes can have, you need to take some steps to protect your resources immediately.

Of course, the first thing to do is to create a realistic budget that outlines your financial needs and how your monthly income can meet those needs. Looking beyond that, here are three key areas you should be prepared focus on in your post-divorce life:

Free New York Divorce Lawyer Consultation

Understand the Impact of Divorce on Your Taxes

Your tax situation is going to change significantly with a new filing status and, in many cases, a new tax bracket. If you have dependents, you and your ex must agree on who will claim them on their taxes or if you will alternate claiming them every other year. 

Now, during the year, make sure you update your withholdings on your paycheck to match what your financial obligations are more likely to be. If you are not able to claim dependents, you may benefit from increasing your withholdings to avoid a big tax bill later. 

Also, consider all dividends and stock sales, especially if these are a component of the divorce. You may face financial implications in some situations for capital gains with some of the investment properties you sell as a component of your divorce.

It’s important that you meet with an accountant now to create a plan for your taxes now before you’re surprised later.

Navigating Retirement Account Changes After Divorce

Retirement accounts can be a confusing component of divorce because they are all very different in terms of how they are taxed. Money added to retirement accounts during your marriage, as well as any pension plans that were built up during this time, are considered marital property and must be a consideration in the division of assets.

As a component of your divorce on Long Island, NY, you will need to determine if any changes must occur to split the assets, if you will keep your retirement account, and how you will utilize it moving forward.

It’s a good idea to make sure you’re planning for those changes immediately. If you have to take money out of your retirement account to help pay for divorce expenses or living expenses, there could be fines to pay, and it will impact your long-term savings. For these reasons, during your divorce negotiations, you may want to keep money in these accounts where they are and find another way to equitably distribute assets. Doing so can help reduce tax implications later and also help your retirement accounts to continue to grow.

What To Do About the Marital Residence After Divorce on Long Island, NY

One of the most impactful financial strategies you need to work out now is what happens to your marital home on Long Island, NY. While emotions are very difficult to separate from the decisions you will make based on your financial health, take into consideration the following:

  • Do you have the means to continue to meet all of the financial obligations of the home? This includes all mortgage, tax, insurance, maintenance and repairs, and improvements over time.
  • Would moving and selling the home allow you to create a new financial future for yourself without a significant mortgage burden? Could you sell the home and use the proceeds you receive to purchase a property that is a better option for you?
  • Could a new home lower your monthly housing expenses enough to enable you to invest the proceeds of the marital residence home sale to help defray your other living expenses?
  •  
  • If you want to maintain the home and your spouse will leave, you may need to qualify for a new mortgage. This would allow you to refinance the loan into your name and use the proceeds from any available equity to pay off the ex. Will you have enough income and credit to qualify for an affordable mortgage?

Make sure that the decisions you make about the marital home are ones that makes sense to you financially now and for your future, not just based on your emotional ties to the property or your desire to remain in the home your children grew up in.

Other Financial Factors to Keep in Mind in Your Long Island, NY Divorce

There are numerous other factors to consider when it comes to creating a strong financial path forward. Keep these in mind:

  • Know what your income is likely to be in the year or two to come. Do you need to have a plan to grow that income to meet your financial needs for the future?
  • Consider your credit score. Is it high enough to enable you to borrow at a reasonable rate and term?
  • Ensure you remove your ex from all credit cards and other loans you have.
  • Update all insurance coverage with new beneficiaries and contact information.

Don’t overlook the costs associated with filing for divorce.

Put Our Team of Experienced Long Island, NY Divorce Attorneys to Work for You

At Hornberger Verbitsky, P.C., we know divorce is a huge financial change. Our team of experienced Long Island, NY divorce attorneys can help guide you into ways to protect your assets and your financial future. Call us now for a free case evaluation at 631-923-1910 or fill in the short form on this page and we’ll get right back to you.

GET YOUR FREE CONSULTATION TODAY Call 631-923-1910 or fill in the form below

Get your complimentary consultation and case evaluation with our experienced attorneys today. Your attorney will describe the many options available and determine together which is the right solution for you. By the end of this  conversation, we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation. All Fields Are Required

* indicates required

About the Author

Robert E. Hornberger, Esq., Founding Partner, Hornberger Verbitsky, P.C.

  • Over 20 years practicing matrimonial law
  • Over 1,000 cases successfully resolved
  • Founder and Partner of Hornberger Verbitsky, P.C.
  • Experienced and compassionate Long Island Divorce Attorney, Family Law Attorney, and Divorce Mediator
  • Licensed to practice law in the State of New York
  • New York State Bar Association member
  • Nassau County Bar Association member
  • Suffolk County Bar Association member
  • “Super Lawyer” Metro Rising Star
  • Nominated Best of Long Island Divorce Attorney four consecutive years
  • Alternative Dispute Resolution Committee Contributor
  • Collaborative Law Association of New York – Former Director
  • Martindale Hubbell Distinguished Designation
  • America’s Most Honored Professionals – Top 5%
  • Lead Counsel Rated – Divorce Law
  • American Institute of Family Law Attorneys 10 Best
  • International Academy of Collaborative Professionals
  • Graduate of Hofstra University School of Law
  • Double Bachelor’s degrees in Philosophy, Politics & Law and History from SUNY Binghamton University
Divorce Lawyer Long Island New York
Google Review of divorce longisland
Melissa Rappa
Melissa Rappa
18:09 08 Feb 24
At one of the hardest and most stressful times of my life, it was so comforting to have a team at Hornberger and Verbitsky who ALWAYS responded in record speed to my questions, phone calls, emails or texts and who I felt really cared about helping me through this difficult time. It was a long few years and I am grateful to all of you. Thank you so much Rob, AnneMarie, Christine, Patty, Joan and Lawrence. Your guidance, professionalism and expertise is appreciated beyond measure.
Paul Carmichael
Paul Carmichael
16:21 11 Dec 23
I would give 6 stars if I could. I can't say enough good things about Robert and his firm. We were in a situation for over 2 years and I could have never made it through without Robert's experience and knowledge. He guided me through tough times when needed and his expertise could "read" the situation and make the next best move for me. He was tough when he needed to be tough (thankfully) and at the same time guided me through the process to make me feel comfortable in an uncomfortable situation. I would not want to go through this process without Robert and his team having my back. he helped move the case along and not waste any time or money. One last time, I 100% endorse Robert and his expertise.
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Hornberger Verbitsky, P.C. respects your right to privacy. We will never sell your information to any third party. Follow this link to read our full privacy policy.

How Will Your Divorce Impact Your Health Insurance in NY?

How Will Your Divorce Impact Your Health Insurance in NY?

How Will Your Divorce Impact Your Health Insurance in NY?

When you decide to get divorced on Long Island, New York, you are will face many changes and new challenges in your life. While it might not be at the forefront of your mind during this difficult time, health insurance coverage is important to consider now and for your future.

In many marriages, one spouse depends on the other for health insurance – for instance, you or your partner may receive coverage through a plan offered by the other’s employer. So what happens to your health insurance in a divorce? When will these changes occur? Will you be required to provide coverage for your spouse? In this guide to health insurance after divorce, we will address these questions.

Free New York Divorce Lawyer Consultation

Health Insurance Coverage After Divorce on Long Island, New York

In many divorce proceedings, health insurance coverage can be a contentious issue. But the good news is some protections keep the rug from being pulled out from under your feet. While your divorce is pending, you will more than likely still be covered.

That is due to federal protections called automatic temporary restraining orders (ATROs). When one party files for divorce, ATROs take effect and prohibit either spouse from changing the beneficiaries listed on their health insurance policies. This protection encompasses a full range of health plans, including those from an employer, individual plans purchased via marketplace, and Medicaid.

Once the divorce is final, a spouse can then be removed from a health insurance plan. At that point, however, there are some options to ensure that you or your spouse retains the necessary coverage to meet your needs.

How to Get Health Insurance After a Long Island, NY Divorce

It is important to keep your health insurance up to date – if you do not have health insurance, you may be unable to see healthcare providers and specialists or receive your prescriptions at an affordable cost. After a divorce on Long Island, New York, you may lose health insurance. However, there are a few different ways to ensure your coverage remains stable.

One option is COBRA, a federal law that allows a divorced spouse to continue coverage under their former spouse’s plan for up to three years. The catch is that these benefits are not automatic. You must elect to partake in COBRA coverage within 60 days of the finalization of your divorce. If you miss this window, you will need to find alternate coverage.

While COBRA might seem like an attractive option, it is often quite expensive. For those without pre-existing conditions that raise health insurance premiums, it can be a better option to price shop on the open market in order to find a plan with more flexibility and lower costs.

One other common pathway is finding out if your employer offers group health insurance. You will have to report your change in marital status to your employer’s HR department. While your divorce finalization date may not fall in the open enrollment period for your company’s health insurance, a change in marital status will qualify you to enroll outside that period. If you are working after your divorce, employer-based health insurance can be an attractive option.

You can also assess whether you are qualified for Medicaid benefits. Medicaid is health insurance provided by the U.S. government to benefit low-income Americans. If you are going to lose health coverage due to your divorce, it may be worth considering a Medicaid application to determine your eligibility. Each state’s requirements are slightly different, but you can check your income eligibility on the New York Department of Health site.

Is Health Insurance Part of a Long Island, NY Divorce Settlement?

In some cases, health insurance coverage can be included in the terms of the divorce settlement. If both spouses have agreed or the judge has issued an order to this effect, one spouse may provide health insurance to the other for a stated period of time.

If you are preparing for a divorce and considering your healthcare options, an experienced divorce attorney can shed more light on your specific situation. Your attorney can help you determine whether your spouse will be required to provide for your health insurance during and after the divorce. Your attorney can also assist you with understanding COBRA benefits and what options you can expect to be available to you after your divorce is final.

Trust Hornberger Verbitsky, P.C. to Handle Health Insurance in Your Long Island, NY Divorce

We are experienced negotiators and litigators who can help you get the health insurance that you deserve. Contact us to learn more about your legal options or to book your free initial consultation to discuss your case in detail. Call now at 631-923-1910 or complete our short contact form, and we’ll get in touch with you to schedule your consultation.

 

GET YOUR FREE CONSULTATION TODAY Call 631-923-1910 or fill in the form below

Get your complimentary consultation and case evaluation with our experienced attorneys today. Your attorney will describe the many options available and determine together which is the right solution for you. By the end of this  conversation, we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation. All Fields Are Required

* indicates required

About the Author

Robert E. Hornberger, Esq., Founding Partner, Hornberger Verbitsky, P.C.

  • Over 20 years practicing matrimonial law
  • Over 1,000 cases successfully resolved
  • Founder and Partner of Hornberger Verbitsky, P.C.
  • Experienced and compassionate Long Island Divorce Attorney, Family Law Attorney, and Divorce Mediator
  • Licensed to practice law in the State of New York
  • New York State Bar Association member
  • Nassau County Bar Association member
  • Suffolk County Bar Association member
  • “Super Lawyer” Metro Rising Star
  • Nominated Best of Long Island Divorce Attorney four consecutive years
  • Alternative Dispute Resolution Committee Contributor
  • Collaborative Law Association of New York – Former Director
  • Martindale Hubbell Distinguished Designation
  • America’s Most Honored Professionals – Top 5%
  • Lead Counsel Rated – Divorce Law
  • American Institute of Family Law Attorneys 10 Best
  • International Academy of Collaborative Professionals
  • Graduate of Hofstra University School of Law
  • Double Bachelor’s degrees in Philosophy, Politics & Law and History from SUNY Binghamton University
Divorce Lawyer Long Island New York
Google Review of divorce longisland
Melissa Rappa
Melissa Rappa
18:09 08 Feb 24
At one of the hardest and most stressful times of my life, it was so comforting to have a team at Hornberger and Verbitsky who ALWAYS responded in record speed to my questions, phone calls, emails or texts and who I felt really cared about helping me through this difficult time. It was a long few years and I am grateful to all of you. Thank you so much Rob, AnneMarie, Christine, Patty, Joan and Lawrence. Your guidance, professionalism and expertise is appreciated beyond measure.
Paul Carmichael
Paul Carmichael
16:21 11 Dec 23
I would give 6 stars if I could. I can't say enough good things about Robert and his firm. We were in a situation for over 2 years and I could have never made it through without Robert's experience and knowledge. He guided me through tough times when needed and his expertise could "read" the situation and make the next best move for me. He was tough when he needed to be tough (thankfully) and at the same time guided me through the process to make me feel comfortable in an uncomfortable situation. I would not want to go through this process without Robert and his team having my back. he helped move the case along and not waste any time or money. One last time, I 100% endorse Robert and his expertise.
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Successful Divorce Strategies Free eBook
Child Support & Spousal Maintenance Tools
Spousal Maintenance Calculator
Child Support Calculator
Hornberger Verbitsky, P.C. respects your right to privacy. We will never sell your information to any third party. Follow this link to read our full privacy policy.

Understanding ‘Walkaway Wife’ Syndrome on Long Island, NY

Understanding ‘Walkaway Wife’ Syndrome on Long Island, NY

Understanding ‘Walkaway Wife’ Syndrome on Long Island, NY

Suddenly, and seemingly out of nowhere, one spouse decides to leave the other. It may seem like a shock to the other spouse and to the family, but that leaving spouse decides it’s time for the marriage to end, and as a result, they leave abruptly. Although it could be the husband or the wife leaving, this phenomenon is often called “walkway wife” syndrome.

It’s a term used to describe the situation in which one spouse feels neglected, perhaps alone, and often resentful at what is occurring in their life. Their marriage is deteriorating, and instead of trying to improve it, they decide to leave. Understanding what walkway wife syndrome is and how it can impact your divorce in Long Island, NY, is critical.

Free New York Divorce Lawyer Consultation

What Is Walkaway Wife Syndrome?

While it often seems sudden for the family left behind, for many of the people who walk away, walkaway wife syndrome doesn’t happen in just a day. It happens over a period of time, where the person simply cannot deal with the unresolved conflict or other stressor they’ve had to deal with for a long time. In some situations, it can occur quickly, such as when a person learns about infidelity, but often this is just a “last straw”.

Other times, it can develop over years before coming to a head in the filing for a divorce. At some point, for some reason, one party recognizes that there’s no hope of repairing their marriage and just leaves. Even though other people around this spouse may feel like it came out of nowhere, it’s rarely that simple.

There are often many signs leading up to this moment:

  • The spouse has stopped complaining about the things that they always have. Those behaviors haven’t improved, but the spouse no longer mentions them.
  • There’s less enjoyment present. Often, there is a lack of a sexual relationship. There are no more lighthearted conversations, and there seems to be more distance between you and your spouse.
  • In some cases, the spouse will no longer have any interest in a relationship at all. They may focus heavily on work, children, or activities with others, not you.
  • The spouse seems to be living their life without you as a component of it.
  • There’s less talking and sometimes even less fighting, even though conflicts are not really improved.

If you suspect that there are marital concerns and do not want a divorce, this is a good time to take action. Meet with a marriage counselor or reach out to a couples therapy option that may work for your needs.

How Can Walkaway Wife Syndrome Impact Your Long Island, NY Divorce?

Typically, when this type of situation occurs, the other party has had a long time to think about the impact, including the emotional, physical, and even the overall financial changes that would come with a divorce. They have reconciled with themselves that those complications are better to deal with than remaining in the marriage.

You can fight the divorce, but often, it’s better to prepare yourself for what is to come. That means hiring your own experienced Long Island, NY divorce attorney to ensure that you are going to have fair and full representation throughout this process. If one spouse decides to seek a divorce, they have the legal right to do so. If they actually leave their home and family, then this can impact their ability to enter the home later. Marital abandonment is a serious concern.

If your spouse left your marriage abruptly and you’re not sure what to do, seek out an experienced divorce attorney who can offer one-on-one guidance and can work to protect your assets and preserve your right to your home and income.

What if you need to leave your marriage?

It’s very common for people, even those who may not have a career or full-time income outside of the home, to leave a marriage that makes them unhappy or creates an unsafe living environment. They worry about what could happen if they stay versus if they go. In these situations, we encourage you to take several steps.

  • Meet with a divorce attorney. No one has to know you are doing so. Your privacy is fully protected. Your divorce attorney will never break your trust or expose your efforts.
  • Consider your family’s mental health. Without a doubt, it’s best to prioritize your safety over anything else. Your attorney can offer guidance on how to do that.
  • When the time is right, apply for divorce. Once you meet with your divorce attorney, you’ll gain insight into the legal options you have and can create a plan for the future.

No Matter Where You Stand, We Can Help You

Whether you are a spouse who wants to leave or have had a spouse suddenly leave you, empower and protect yourself with the help of our team of experienced Long Island, NY divorce attorneys. At Hornberger Verbitsky, P.C., we recognize the importance of providing you with a solid understanding of what your rights are. Contact us for a consultation to discuss those rights.

At Hornberger Verbitsky, P.C., we know that walkaway wife syndrome is a very real situation. No matter what you are facing, our divorce attorneys will guide you in achieving the best possible outcoming going forward. Contact us now by calling 631-923-1910 to learn your options and how we can help.

GET YOUR FREE CONSULTATION TODAY Call 631-923-1910 or fill in the form below

Get your complimentary consultation and case evaluation with our experienced attorneys today. Your attorney will describe the many options available and determine together which is the right solution for you. By the end of this  conversation, we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation. All Fields Are Required

* indicates required

About the Author

Robert E. Hornberger, Esq., Founding Partner, Hornberger Verbitsky, P.C.

  • Over 20 years practicing matrimonial law
  • Over 1,000 cases successfully resolved
  • Founder and Partner of Hornberger Verbitsky, P.C.
  • Experienced and compassionate Long Island Divorce Attorney, Family Law Attorney, and Divorce Mediator
  • Licensed to practice law in the State of New York
  • New York State Bar Association member
  • Nassau County Bar Association member
  • Suffolk County Bar Association member
  • “Super Lawyer” Metro Rising Star
  • Nominated Best of Long Island Divorce Attorney four consecutive years
  • Alternative Dispute Resolution Committee Contributor
  • Collaborative Law Association of New York – Former Director
  • Martindale Hubbell Distinguished Designation
  • America’s Most Honored Professionals – Top 5%
  • Lead Counsel Rated – Divorce Law
  • American Institute of Family Law Attorneys 10 Best
  • International Academy of Collaborative Professionals
  • Graduate of Hofstra University School of Law
  • Double Bachelor’s degrees in Philosophy, Politics & Law and History from SUNY Binghamton University
Divorce Lawyer Long Island New York
Google Review of divorce longisland
Melissa Rappa
Melissa Rappa
18:09 08 Feb 24
At one of the hardest and most stressful times of my life, it was so comforting to have a team at Hornberger and Verbitsky who ALWAYS responded in record speed to my questions, phone calls, emails or texts and who I felt really cared about helping me through this difficult time. It was a long few years and I am grateful to all of you. Thank you so much Rob, AnneMarie, Christine, Patty, Joan and Lawrence. Your guidance, professionalism and expertise is appreciated beyond measure.
Paul Carmichael
Paul Carmichael
16:21 11 Dec 23
I would give 6 stars if I could. I can't say enough good things about Robert and his firm. We were in a situation for over 2 years and I could have never made it through without Robert's experience and knowledge. He guided me through tough times when needed and his expertise could "read" the situation and make the next best move for me. He was tough when he needed to be tough (thankfully) and at the same time guided me through the process to make me feel comfortable in an uncomfortable situation. I would not want to go through this process without Robert and his team having my back. he helped move the case along and not waste any time or money. One last time, I 100% endorse Robert and his expertise.
js_loader

Successful Divorce Strategies Free eBook
Child Support & Spousal Maintenance Tools
Spousal Maintenance Calculator
Child Support Calculator
Hornberger Verbitsky, P.C. respects your right to privacy. We will never sell your information to any third party. Follow this link to read our full privacy policy.

Will I Lose Health Insurance in Divorce on Long Island, NY?

Will I Lose Health Insurance in Divorce on Long Island, NY?

Will I Lose Health Insurance in Divorce on Long Island, NY?

Going through the divorce process on Long Island, NY means making substantial changes to every component of your life. One area often overlooked in the fray of negotiating equitable distribution of assets (and debts), child custody, child support, alimony, etc. is the important benefit of health insurance. If you are reliant on your soon-to-be ex for health insurance, such as through an employer, you may be unsure what will happen to that coverage after your divorce.

There are two important areas to focus on here: what happens during the divorce process and what occurs after the divorce is finalized. At Hornberger Verbitsky, P.C., our experienced team of divorce lawyers and family law attorneys can help you to ensure your right to health insurance is protected throughout this legal process.

Free New York Divorce Lawyer Consultation

Matrimonial Automatic Orders in New York

Automatic Orders are requirements put in place that protect each principal in a divorce. The basic premise behind these orders is to maintain the status quo from the filing of the initial divorce papers through the final resolution of the divorce. In relation to health insurance, automatic orders require that a spouse cannot be removed from existing health insurance coverage during the divorce proceedings.

This means that no matter the type of health insurance in place, it must remain in place for all spouses during the divorce process. That includes employer-sponsored plans, Healthcare Marketplace coverage, other privately purchased insurance, government subsidized programs, military insurance coverage, or other forms. As a result, if you have health insurance in place right now through your ex, you will continue to have that coverage, or a policy of equal provision, throughout the divorce process.

What Happens to Health Insurance After a Divorce on Long Island, NY?

The divorce process will ultimately determine if that health insurance will continue long-term or if you will need to obtain new coverage. Typically, after a divorce, you are no longer dependent on the other party and that means you will not continue to receive coverage for your health care needs through the spouse’s health insurance plan. Typically, that means you have to find other coverage.

This is not just related to the spouse’s decision not to continue providing insurance. For example, if your ex agrees to continue to cover you, that’s not likely to be viable once the insurance company learns that a divorce has occurred. Simply put, your ex is no longer eligible for insurance through an employer-sponsored or other plan since no marriage is present.

While this can seem very limiting and worrisome, there are some other solutions that may provide you with some financial peace of mind.

COBRA Could Be Available to You

Once your divorce is finalized, you will then have the ability to start rebuilding your financial health. COBRA is a type of financial tool available to those who are experiencing the end of their current health insurance policy. It applies to various situations, such as leaving one job to go to another. It aims to provide a more affordable level of coverage until longer-term solutions can be put in place.

COBRA is a federal law. Within that law are specific rules that require divorcing spouses to continue coverage through the spouse’s former insurance plan for up to 36 months after the divorce is finalized. However, this is not an automatic process, as you will need to take action to request coverage (and do that within 60 days of the completion of the divorce decree) to receive it.

COBRA is not free, and its financial implications may fall on your shoulders. Typically, COBRA is expensive, and other options that are more affordable may be available. There are also limitations on when COBRA applies. For example, employer-sponsored health insurance plans only apply to employers with over 20 employees.

Note that New York divorce courts often consider the loss of health insurance benefits as a component of the bigger picture of how to distribute marital property equitably. That means that this could play a role in how assets are divided within your marriage and whether or not spousal maintenance is provided (and at what level).

In certain situations, New York courts can also order that health insurance must continue for a specified period after the divorce.

Consider Long Term Objectives

Because health insurance during divorce is so complex, it is critical for you to consider your long-term needs and goals. Loss of health insurance coverage can be financially devastating, which is why you should carefully plan for it.

Divorce will trigger a special open enrollment period, making it possible for you to purchase coverage through the health insurance marketplace. Depending on your specific needs, this marketplace may offer more affordable options than continuing on with COBRA.

Let our Team of Divorce Attorneys on Long Island, NY Help You with Your Insurance Needs

At Hornberger Verbitsky, P.C., we are here to help you navigate the entire divorce process. We recognize the importance of ensuring you maintain health insurance coverage. Our team of experienced divorce lawyers can help you navigate your options throughout this process to ensure that health insurance is always considered as a component of the divorcing process. Contact us for a free divorce consultation with our Long Island, NY, divorce attorneys by calling 631-923-1910 or fill in the short form on this page and we’ll get back to you.

GET YOUR FREE CONSULTATION TODAY
Call 631-923-1910 or fill in the form below

Get your complimentary consultation and case evaluation with our experienced attorneys today.

Your attorney will describe the many options available and determine together which is the right solution for you. By the end of this  conversation, we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation.

All Fields Are Required

* indicates required

About the Author

Robert E. Hornberger, Esq., Founding Partner, Hornberger Verbitsky, P.C.

  • Over 20 years practicing matrimonial law
  • Over 1,000 cases successfully resolved
  • Founder and Partner of Hornberger Verbitsky, P.C.
  • Experienced and compassionate Long Island Divorce Attorney, Family Law Attorney, and Divorce Mediator
  • Licensed to practice law in the State of New York
  • New York State Bar Association member
  • Nassau County Bar Association member
  • Suffolk County Bar Association member
  • “Super Lawyer” Metro Rising Star
  • Nominated Best of Long Island Divorce Attorney four consecutive years
  • Alternative Dispute Resolution Committee Contributor
  • Collaborative Law Association of New York – Former Director
  • Martindale Hubbell Distinguished Designation
  • America’s Most Honored Professionals – Top 5%
  • Lead Counsel Rated – Divorce Law
  • American Institute of Family Law Attorneys 10 Best
  • International Academy of Collaborative Professionals
  • Graduate of Hofstra University School of Law
  • Double Bachelor’s degrees in Philosophy, Politics & Law and History from SUNY Binghamton University
Divorce Lawyer Long Island New York
Google Review of divorce longisland
Melissa Rappa
Melissa Rappa
18:09 08 Feb 24
At one of the hardest and most stressful times of my life, it was so comforting to have a team at Hornberger and Verbitsky who ALWAYS responded in record speed to my questions, phone calls, emails or texts and who I felt really cared about helping me through this difficult time. It was a long few years and I am grateful to all of you. Thank you so much Rob, AnneMarie, Christine, Patty, Joan and Lawrence. Your guidance, professionalism and expertise is appreciated beyond measure.
Paul Carmichael
Paul Carmichael
16:21 11 Dec 23
I would give 6 stars if I could. I can't say enough good things about Robert and his firm. We were in a situation for over 2 years and I could have never made it through without Robert's experience and knowledge. He guided me through tough times when needed and his expertise could "read" the situation and make the next best move for me. He was tough when he needed to be tough (thankfully) and at the same time guided me through the process to make me feel comfortable in an uncomfortable situation. I would not want to go through this process without Robert and his team having my back. he helped move the case along and not waste any time or money. One last time, I 100% endorse Robert and his expertise.
js_loader

Successful Divorce Strategies Free eBook
Child Support & Spousal Maintenance Tools
Spousal Maintenance Calculator
Child Support Calculator
Hornberger Verbitsky, P.C. respects your right to privacy. We will never sell your information to any third party. Follow this link to read our full privacy policy.

Do You Need to Tell Your Employer About Your Long Island, NY Divorce?

Do You Need to Tell Your Employer About Your Long Island, NY Divorce?

Do You Need to Tell Your Employer About Your Long Island, NY Divorce?

If you are currently navigating a divorce on Long Island, NY you might be wondering how much your workplace needs to know. After all, your personal business is your business, and should be none of your employer’s concern – right?

That is true to a point, but there are some considerations that your job might need to know about. Issues such as legally changing your name, updating your health insurance and potential workplace discrimination are just a few issues that will require you to divulge your divorce status to your employer. This article will cover when (and if) you should update your employer’s Human Resources (HR) department about your divorce.

Free New York Divorce Lawyer Consultation

Human Resources Issues After Divorce on Long Island, NY

While you do not need to share every detail of your divorce with your employer, there are a few items that the company’s human resources department will need to know about.

First and foremost, it is important to update your workplace if you legally change your name after a divorce. In New York, you cannot complete this change until after the divorce is finalized, so while some women choose to use their maiden names unofficially during the separation process, your employer will not be able to officially process this update until the divorce is fully complete.

There are a couple of other important matters that your workplace should know about. Here is a list of questions you should ask yourself to find out if you need to talk to your organization’s HR department:

  • Have you legally changed your last name?
  • Have you lost health insurance due to the divorce? If you were previously covered under your spouse’s plan, you may now need to get coverage through your own company’s plan.
  • Do you need to change your tax status? If you need to adjust your tax filing status – for example, from “married filing jointly” to “single” – you will need to make edits to the forms on file with your employer.
  • Have you moved? If you have moved due to the divorce, you will want to update your address with your employer so they have the right location on record.

If you answered yes to any of these questions, it is important to talk to your company’s human resources department. They will be able to help you ensure all of your information is up-to-date in their system.

 

Attendance and Performance in the Workplace After a Long Island, New York Divorce

Navigating a divorce may mean that you need to take time off work for meetings with attorneys, court dates, or appointments with a mediator. If you have children, you may have to make adjustments to your work schedule as you adjust to new childcare responsibilities. Further, if your divorce has been especially caustic, you may find that your emotions are interfering with your typical quality of work.

While you are not legally required to inform your workplace of your divorce, having an open conversation with your boss can sometimes help in these scenarios. If your employer knows that you are dealing with challenges at home, they may be more receptive and understanding about you taking time off and temporarily struggling with productivity.

 

Workplace Discrimination Because of Marital Status in NY

Are you worried that you will be treated differently at work because of your change in marital status? While there are no federal laws that directly protect against discrimination as a result of marital status, many states – including New York – have laws that protect against discrimination based on these criteria.

New York human rights laws include marital status as a prohibited category when it comes to discrimination – and it is an unlawful discriminatory practice to be treated differently at work due to your marital status. If you are concerned about discrimination at work due to this change, it is crucial to get in touch with a knowledgeable lawyer right away.

 

Contact Trusted Divorce Lawyers at Hornberger Verbitsky, P.C. to Protect Yourself

At Hornberger Verbitsky, P.C., we understand that a divorce can be disruptive to your life and work. That’s why we do our best to take stress out of the equation so that you can focus on what is really important.

Contact us to learn more about your legal options or to book your free initial consultation to discuss your case in detail. Call now at 631-923-1910 or complete our short contact form and we’ll get in touch with you to schedule an appointment convenient to you.

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Your attorney will describe the many options available and determine together which is the right solution for you. By the end of this  conversation, we’ll all understand how we can best help you to move forward.

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There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation.

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About the Author

Robert E. Hornberger, Esq., Founding Partner, Hornberger Verbitsky, P.C.

  • Over 20 years practicing matrimonial law
  • Over 1,000 cases successfully resolved
  • Founder and Partner of Hornberger Verbitsky, P.C.
  • Experienced and compassionate Long Island Divorce Attorney, Family Law Attorney, and Divorce Mediator
  • Licensed to practice law in the State of New York
  • New York State Bar Association member
  • Nassau County Bar Association member
  • Suffolk County Bar Association member
  • “Super Lawyer” Metro Rising Star
  • Nominated Best of Long Island Divorce Attorney four consecutive years
  • Alternative Dispute Resolution Committee Contributor
  • Collaborative Law Association of New York – Former Director
  • Martindale Hubbell Distinguished Designation
  • America’s Most Honored Professionals – Top 5%
  • Lead Counsel Rated – Divorce Law
  • American Institute of Family Law Attorneys 10 Best
  • International Academy of Collaborative Professionals
  • Graduate of Hofstra University School of Law
  • Double Bachelor’s degrees in Philosophy, Politics & Law and History from SUNY Binghamton University
Divorce Lawyer Long Island New York
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Melissa Rappa
Melissa Rappa
18:09 08 Feb 24
At one of the hardest and most stressful times of my life, it was so comforting to have a team at Hornberger and Verbitsky who ALWAYS responded in record speed to my questions, phone calls, emails or texts and who I felt really cared about helping me through this difficult time. It was a long few years and I am grateful to all of you. Thank you so much Rob, AnneMarie, Christine, Patty, Joan and Lawrence. Your guidance, professionalism and expertise is appreciated beyond measure.
Paul Carmichael
Paul Carmichael
16:21 11 Dec 23
I would give 6 stars if I could. I can't say enough good things about Robert and his firm. We were in a situation for over 2 years and I could have never made it through without Robert's experience and knowledge. He guided me through tough times when needed and his expertise could "read" the situation and make the next best move for me. He was tough when he needed to be tough (thankfully) and at the same time guided me through the process to make me feel comfortable in an uncomfortable situation. I would not want to go through this process without Robert and his team having my back. he helped move the case along and not waste any time or money. One last time, I 100% endorse Robert and his expertise.
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