In your research and inquiry into New York divorce law applicable to your Long Island divorce, it is inevitable that you have stumbled across the words “annulment of a marriage”. You may have several questions, including:
What’s the difference between a divorce and an annulment?
Am I eligible for an annulment?
Why would I want an annulment?
In a nutshell, rather than simply ending the marriage, an annulment has the legal effect of declaring the marriage null and void as if the marriage never happened in the first place.
What are the Grounds for an Annulment?
New York’s Domestic Relations Law provides multiple grounds for an annulment of marriage, and a few are discussed below. The first important point to note is that some marriages are “void” while others are “voidable.” A marriage that is void is void from its inception and therefore is illegitimate. Because this marriage was never valid, it does not require an action for an annulment to be declared void, but most divorce attorneys recommend that one be commenced regardless. A marriage that is voidable on the other hand is a valid marriage that may be declared null and void with court action. However, as with any time the court is involved, if your marriage is “voidable” the court has the discretion to deny the action for annulment.
Marriages that are void at inception
Marriages with grounds in incest. An incestuous marriage is one between an ancestor and descendant, siblings, whether they are full or half siblings, and an aunt and nephew or an uncle and niece. While this marriage is not only void, the parties involved may face a fine or prison sentence upon solemnizing of the marriage.
Marriages by a person whose husband or wife by a former marriage is still living. In other words, this portion of New York’s Domestic Relations Law seeks to prevent bigamy. If your husband or wife was already married when you entered your marriage, it has the effect of making your marriage, the subsequent union, void.
Marriages that are voidable
One party is under the age of legal consent. In New York, the legal age of consent is 18. If one party is under 18 at the time of the marriage, the court has discretion to declare the marriage void. However, the court will not look solely to the age of the parties but rather, it will consider all relevant facts and circumstances of the marriage.
One party could not consent to the marriage due to lack of understanding. Both parties to the marriage must be fully capable of understanding what it means to “be married” and the consequences of entering such a relationship.
One party’s physical disability causes him or her to be unable to engage in sexual relations. This is only applicable if the physical condition is incurable. A party cannot file for an annulment based upon a temporary condition that temporarily interferes with martial relations. Furthermore, the party seeking the annulment could not have been aware of this condition upon the marriage, and if they were, they must have been under the assumption that it was curable.
One party consented to the marriage under conditions of duress, fraud, or force. The party asserting that his consent to the marriage was obtained fraudulently or through force or duress must bring this action. Furthermore, a court will not grant an annulment on these grounds if it is shown that the parties previously co-habitated as husband and wife.
One party has suffered from an incurable mental illness for at least five years.
What are the Effects of an Annulment?
If you are granted an annulment, the subject marriage will be declared null and void. However, in regards to child support and the division of marital property, your rights are the same. You may still be awarded maintenance and child support, your property is still divided pursuant to equitable distribution, and you can still enter into child custody and visitation agreements.
Annulments Are Not Easy. Seek Professional Help from an Experienced Long Island Divorce Lawyer
As you can see, the grounds for annulment are much more specific and difficult to prove than the grounds for a divorce. Therefore, if you feel your marriage may fall into one of the above categories and are curious about further differences between divorce and annulment, it is important that you speak with your divorce attorney so he or she can properly advise you of the next step to take. Contact the experienced and compassionate divorce lawyers at Hornberger Verbitsky, P.C. at 631-923-1910 for a free consultation to discuss your case.
Maybe you were the one who wanted the Long Island divorce, or maybe you have come to terms with the fact that you and your spouse are not capable of reconciliation and you want to begin to move forward with your life. If you wait for your divorce to be finalized, you may feel that your life is on pause for months or years. You also consider the fact that dating would inevitably boost your self-confidence and distract you from the negative aspects of the situation at hand. So, you have decided to consider dating while the divorce action is pending, but you are not sure if that is the best idea given the circumstances.
What are Some Advantages of Dating While Going Through a Divorce?
Negate feelings of loneliness: whether your marriage lasted 5 years or 35 years, you were rarely alone during that time period. It is difficult to have constant companionship and someone to watch television with on a rainy Sunday afternoon, and then suddenly find yourself lying on the couch alone. Finding a new partner, so long as you are both looking for the same type of relationship, will likely fill a void in that area of your life.
Meeting new people: for the duration of your marriage, you and your spouse likely socialized with the same group of people. Unless one of you got a new job or joined a new group or activity, it is unlikely that you ventured out into different social groups as a couple. When you begin dating, you will meet this person’s friends and acquaintances, and therefore your social horizons will expand.
Enjoy getting involved in new activities: similar to rarely meeting new people, it is likely that you and your spouse both knew the activities the other enjoyed, and that is how you both spent your time together. While dating, each person you date has different interests, and you may find yourself at an art museum one day and white water rafting the next. It is important to be open to trying new things, because even if the relationship does not work out, you may find an interest you never knew you had.
What are Some Disadvantages of Dating While Going Through a Divorce?
Emotions: this one seems to be self-explanatory. Regardless of whether you wanted the divorce or not, a divorce is a major life change, bound to carry with it a range of emotions. Remember your first break up, likely your high school or college sweetheart, and how afterwards it was so easy to latch on to the next person who looked in your direction. You are likely going through a lot of those same feelings right now during your divorce. If you do decide to date, make it a point to realize that the most realistic cause of anything you feel toward this new partner is likely transference of your feelings toward your ex-spouse. Do not jump too quickly into love, or on the other hand, mistrust. You need to enter the dating world with a clean slate, emotionally and mentally.
Child custody agreements: if you and your ex-spouse are battling over child custody, dating may not be in your best interest until the divorce is settled. Your ex-spouse may use your dating activity as leverage against you to support his or her claim as to why you should not be granted custody, arguing that he or she is uncomfortable with you having strange people around your children. If you do decide to date, you must be sure to be open and candid about the situation, and be sure that nothing you are doing makes your ex-spouse uncomfortable with regards to the children
Your children: a divorce is difficult not only on you, but on your children as well. They are going to need more attention and support than ever before right now. Everyone is excited at the beginning of a new relationship and it is easy to forget about other responsibilities. If you are the type of person who tends to put a relationship before everything else, dating my not be in the best interest of your children at this time.
The Decision Is Up To You, But Your Long Island Divorce Attorney Can Help
As always, the decision as to whether or not you will date while your divorce is pending is completely personal, and each situation is different. If you do decide to date and you have a child custody agreement pending, you should discuss the potential implications of this with your divorce attorney, who will be able to give you the best guidance in this area. Contact the caring and compassionate divorce attorneys at Hornberger Verbitsky, P.C. for a complimentary consultation at 631-923-1910.
Many Long Island couples these days are choosing to get married in exotic locations, often out of the country, and this can cause issues should those marriages end in divorce. Destination weddings, which encompass couples picking exotic, and likely tropical, locations, to say their vows are rapidly increasing in popularity. Families pack their bags and hop on flights with the intent of enjoying a vacation and seeing the newlyweds tie the knot at the same time. Amongst all the excitement of planning the wedding and the trip, sometimes the couple forgets the most important document to legalize the marriage — the marriage license.
How Can Someone Not File for a Marriage License?
A case in New York’s Supreme Court in Manhattan this past May addresses exactly this issue. Ponorovskaya v. Stecklow centered on a couple that traveled to Mexico for their destination wedding. While at the resort, the couple was given information on the different types of ceremonies available to them, including civil, religious, or symbolic. Because of the rigorous requirements of performing a civil marriage ceremony in Mexico the couple decided to do only a symbolic ceremony with the intent of acknowledging the occasion. Had they chosen at least a civil ceremony, the marriage would at least have had legal standing under Mexican law.
You may be thinking it is strange to take no steps to legalize the marriage where it is performed, however this is not as rare you as may believe. Most couples that choose to have a destination wedding opt to file for a marriage license in New York either before or after the symbolic ceremony in the destination country. In Ponorovskaya v. Stecklow, however, the couple failed to take this step. Although they began the license application process upon their return from Mexico, they neglected to complete it and therefore were never issued a marriage license.
Naturally, you may be wondering how this happens. Couples may be operating under an incorrect assumption that a ceremony performed elsewhere is legally valid and therefore fail to take the proper steps upon return. However, the fact that this couple began the application process shows that they were at least somewhat aware the license was required, and there was no indication as to why they failed to complete it.
Are You Entitled to a Divorce if You Do Not Have a Marriage License?
The couple later sought a divorce, and that was what brought the case to court, as one partner claimed divorce was not an available remedy because there was no valid marriage. What the partner seeking the divorce sought to rely upon was Section 25 of New York’s Domestic Relations Law, which provides that a marriage without a license is void unless the parties have honored that marriage, and her statement that their marriage had been solemnized would entitle them to divorce proceedings in New York.
Before a determination of whether the marriage was in fact properly observed to fall within this exception, the court was left to determine whether DRL § 25 could be applied to marriage ceremonies performed outside of New York when those ceremonies do not produce marriages that are valid under the local laws.
The court dove into an analysis of the reach and purpose of DRL § 25. Although the court expressly noted that DRL § 25 is still in fact good law, it minimized its authority by stating that it is simply an antiquated law that the Legislature has merely overlooked. Of most importance here was the court’s refusal to apply DRL § 25 to the couple’s marriage ceremony in Mexico.
Out of what is clearly respect for the laws of other jurisdictions, and the desire that foreign couples do not come to New York for marriage ceremonies with the intention of skirting around appropriate laws of the state, the court held that it would not apply DRL § 25 in a manner that would “allow couples who embark on destination weddings the right to blithely ignore the clearly defined laws of a country in which they are guests.”
The court set a bright line rule by stating that while DRL § 25 may be (albeit rarely) applied to marriage ceremonies performed in New York, it is not applicable to ceremonies performed in foreign countries, and it is only applicable to ceremonies performed in other states under the most extraordinary circumstances.
What Does This Mean For Me?
If you had a destination wedding and failed to file for a marriage license either before or after the ceremony, it is important to discuss the specifics of the ceremony with your divorce attorney. Although other factors are taken into consideration when determining if DRL § 25 may be applied to an otherwise invalid marriage, the initial question that must be addressed is whether or not the ceremony was legally valid where it was performed.
Need Help? Contact the Long Island Divorce Lawyers at Robert E. Hornberger, Esq., PC
Not sure if your marriage is legally valid and you can get divorced on Long Island? Give us a call at 631-923-1910 or fill out the short form on this page for a complimentary (free) consultation. The compassionate and experienced divorce attorneys at Robert E. Hornberger, Esq., PC are knowledgeable on all aspects of divorce law as practiced in Nassau and Suffolk counties and throughout New York State.
A divorce is one of the most painful and stressful experiences a human being can go through. A divorce represents not only love lost, but also the loss of time and emotion invested in the relationship. It is important to recognize that throughout the divorce process you will likely experience a wide variety of emotions, ranging from extreme anger to even joy (believe it or not) at times. While every person deals with his or her emotions differently, and what works for some may not work for others, the following are a variety of ways that may (or may not) be helpful to you in coping emotionally with your divorce.
1. Be aware of the five stages of grief
Denial
Anger
Bargaining
Depression
Acceptance
Many people relate these stages of grief to the feelings surrounding the death of a loved one, but the emotions are equally applicable in the instance of divorce. Both represent the loss of a major relationship. At the initial stages you will likely refuse to accept the fact that your relationship has broken down, especially if you were not in favor of the divorce. However, over time, that will wear away to feelings of anger, and wondering what could have been done differently to salvage the relationship, and, eventually you will be left with the realization that you have come to terms with the situation. Keep in mind that all these feelings are normal and natural, and there is no precise order or time frame in which you will experience them. Just allow yourself to feel whatever you are feeling.
2. Pick up a new (or old and forgotten) hobby. The worst thing you can do for yourself is isolating yourself from not only the people, but also the things, that you love. While you will undoubtedly have minutes or even days where you desire to lay on the couch with five seasons of your favorite TV show, make sure you don’t fall into a habit of this becoming your daily routine. The best thing for you to do is to keep your mind, and your time, occupied.
3. Get outside (or stay inside) and exercise. It is true that exercise realeases endorphins, which in turn increases your happiness. Schedule a daily walk or bike ride with a friend or family member, or if the weather is not appropriate for outdoor activities, take up yoga in your living room. You will be amazed at how it can allow you to train your mind. Keeping your body healthy is key to keeping your mind healthy.
4. Talk and cry about it. If you were badly hurt in the divorce, maybe your spouse betrayed you, it is common for your loved ones to tell you that you deserve better, and that he or she isn’t worth it. However, don’t discount your feelings. It is natural for them to have this reaction because it hurts them to see you hurt, but you’re still feeling what you’re feeling, and you’re feeling it because you invested in the relationship. Explain that to your loved ones, and then explain exactly why you’re feeling what you’re feeling. Don’t be embarrassed to shed tears; sometimes nothing helps more than a good cry.
5. Decide what it is you want for yourself in the future, but first give yourself time to just be. There is no rush in making major life choices at this point. If you have to due to the terms of the divorce, confide in others, don’t try to make these decisions on your own as you are more likely to act out of emotion than reason at this time. Remember that just because your relationship has ended, it does not mean that your life has (although it is natural to feel as though the two are one in the same). As cliché as it may sound, use the divorce as a learning experience, to learn more about yourself and who you are and what you want and do not want out of a relationship.
These are just a few of many things that you can do to move forward from your divorce. As always, the most important party here is yourself, so if none of these tips are appealing to you, think of the things you love the most, and go out and do them. Take this time to make yourself happy, and you will see that eventually you will be happy again.
Need Help with Your Long Island Divorce?
The divorce attorneys and divorce mediators at Robert E. Hornberger, Esq. have helped Long Islanders like you get through their divorce with the least stress and emotional baggage possible. If you’re looking to make your divorce as pain-free as you can, give us a call at 631-923-1910 or fill out the short form on this page and we’ll get right back to you to schedule your free consultation.
Divorces, which have become more common on Long Island, are rarely simple and can be very complicated. The idea of an Uncontested Divorce may have crossed your mind, and you may be wondering what exactly it is, and if your situation would fall neatly into this category.
Uncontested divorces are a special breed, and while the following will attempt to explain what must be done to qualify, the category is narrow.
Contested Divorce Is Common on Long Island, NY
Many American couples are faced with a divorce go through a Contested Divorce. In this instance, either only one partner wants the divorce, or both want the divorce but cannot agree on the major issues such as child support and custody, division of property, or finances. In these cases, both partners require their own divorce attorneys who will attempt to assist the couple in reaching a mutual agreement, and if that cannot be done, the couple will need to resort to the court system.
Contested = Nassau County or Suffolk County Court
Because a contested divorce tends to end in the court system, it has the tendency to be lengthy, and at times expensive. These negative factors may push couples toward agreement simply because they do not want to go court, and if they agree, they will be able to partake in an uncontested divorce, and simply sign the agreement and be done with it.
Major Life Decisions Have Long-Lasting Implications
However, we advise you not to not rush into any major life decisions to save time or money in the short term; the decisions you make in this divorce are binding and will affect the rest of your life, and the life of your children. While it may seem like instant gratification to simply agree to something to avoid the process, you may wind up wishing you had thought about it more carefully three years down the road.
Advantages of Uncontested Divorce
An uncontested divorce on the other hand, is available to those couples that find that while they may love each other, they just simply do not get along and cannot live together as a couple. In an uncontested divorce, the couple must agree upon why they are seeking a divorce, child custody and support, and the division of property. Generally, because both parties agree as to why they are divorcing, the ground for divorce is simply irretrievable breakdown of the marriage, which was added to New York’s Domestic Relations statute in 2010.
Equitable Distribution of Property in Your Divorce
You and your partner will have to agree on how your marital property will be divided. If you cannot reach an agreement and your case goes to court, property division in New York is governed by the Law of Equitable Distribution. While you may believe that this guarantees you an equal share of any marital property (any property acquired during the marriage unless by gift, inheritance, the compensation or in exchange for otherwise separate property) that is an incorrect assumption. Equal is not the same as Equitable. Rather, equitable distribution requires a fair distribution of the property, taking into consideration the specific facts and circumstances of both you and your partner.
Child Support and Custody Issues
An uncontested divorce is only possible if all issues regarding child custody and support are mutually agreed upon. This may be one of the most difficult topics for any couple facing a divorce, and needs to be discussed both thoroughly and thoughtfully with your partner.
Uncontested Divorce Doesn’t Work for You? Don’t Panic
If you or your partner desire an uncontested divorce but after further consideration and a brief reading of this article you realize that this may not be practical for your and your spouse, do not panic. Lack of agreement between you and your partner may require a contested divorce, which is naturally a more challenging experience, but does not have to be more emotionally charged than it already is.
Divorce is Only As Complicated as You and Your Partner Make It
A divorce is only as complicated as the relationship between the parties. You are in the best position to know how emotionally or financially difficult your divorce will be for you and your partner. While you may have anger toward your spouse and find yourself demanding things in the agreement out of spite, stop thinking about your spouse and start thinking about yourself. You and your children are the most important parties involved, and throughout what may be one of the most difficult times of your life, it is important not to lose sight of what truly matters.
Need Help with Your Contested or Uncontested Divorce?
The experienced Long Island divorce attorneys and divorce mediators at Hornberger Verbitsky, P.C. are thoroughly familiar with all the options available to you for both Contested and Uncontested Divorces. From traditional litigation in Nassau County or Suffolk County court, to Divorce Mediation in our calm and comfortable offices in Melville, NY, to all other aspects of conflict resolution related to divorce, we have the successful track record to ensure your divorce is as economical and low-stress as possible. To learn more about the options available to you for your contested or uncontested divorce, give us a call at 631-923-1910 for a complimentary consultation to discuss the specifics of your case. You’ll be glad you did.
If you’re considering a divorce on Long Island, be careful what you post on any social media channel. Actions you take on such social media properties as Facebook, Twitter, Google+, Instagram, or any other social media accounts you may have (including dating websites!) can have important consequences in divorce court in Nassau or Suffolk County.
For many people, social media puts all the details of your life within a mouse click of the rest of the world, and if you are not careful, you may be exposing more than you think or desire. Consider anything you do online, even if a “private message”, as public. If you’re doing something using the Internet, there’s a record somewhere of nearly every keystroke you make from behind your computer screen.
A recent case out of the Appellate Division, Third Department, Matter of Melody M. v. Robert M., highlighted just how dangerous social media can be while in the midst of a divorce.
A separation agreement provided that the father would have primary physical custody of the couple’s three young children, while the mother was permitted one weekday evening visit and visitation on weekends. Eventually, the mother sought a modification of the custody agreement, which the court rejected and awarded the father sole physical custody of the three children.
One of the provisions of the new court order, was a restraining order was issued against the mother, intending to prevent her from posting anything to or from her children on social media sites. Of great importance to the court’s determination to award the father sole physical custody of the children was the mother’s previous negative use of her Facebook profile.
Rather than use the site to keep in touch with and communicate with friends, she used the site as an outlet for her anger toward her oldest child, who also suffered from a mental illness. More specifically, she posted on Facebook that her child was an “asshole.” The court ruled that this use of Facebook was sufficient evidence “to justify the court’s issuance of the order of protection” and prevent the modification of the custody agreement.
This ruling out of the Third Department, should serve as a warning to anyone considering a divorce of the dangers of what may be a seemingly innocent Facebook post.
While the child’s mother likely posted the statement out of anger and frustration at her child, to post such comments to the mass public paints her in a negative light and calls her character into question. In acting in the best interests of the child, Nassau and Suffolk County courts will hesitate to grant physical custody of children to a parent that they feel have displayed questionable activities and morals.
Social media posts aren’t only important in child custody cases. Any aspect of your divorce, from property division to child support could be impacted by something you unwittingly posted on a social media channel. Consider how posting a picture of your new Mercedes might be perceived by the courts when trying to claim you need more child support or claim you can’t afford to pay more child support.
Important tips you should be aware of while using the Internet throughout your divorce:
First and foremost, the safest option would be to delete all of your social media accounts. While you can control what statuses or pictures you post, you cannot control those of your friends or family and what they can post about you. As a pilot once told me as my plane landed in Las Vegas, “What happens in Vegas ends up on Facebook.”
If you do not wish to delete your social media accounts, then you should look into the various privacy settings offered through each network. Facebook enables you to approve things others post before they appear on your page, and Instagram has the option of making your account completely private, so your pictures are only viewable to those you accept as “friends.”
Only accept “friend requests” from people you know personally and, most importantly, trust unconditionally. While Facebook has the “People You May Know” feature, if you are going through something personal it is important to keep your life just that – personal. Just because your next-door-neighbor knows Sally Jane who is now requesting you to be her “friend” does not mean she wouldn’t be the reason you lose physical custody of your children.
And finally, be smart about the use of these networks. Once something enters the Internet, it is there forever. You may post something out of anger, sadness, or rage, and delete it a few minutes later, but you do not know how many individuals saw that post within the 120 seconds of its existence.
While this may seem like a common sense list of tips, you would be surprised at how many individuals are tricked by what they perceive to be the “safeness” of the Internet. You can be anything you want online, whether it is something good or bad, and at times people get carried away with the belief that the Internet is a separate realm from “the real world”. Try Googling yourself one day and you may be surprised at the personal information that pops up so quickly. While going through your divorce on Long Island, NY, you want to make sure that personal information is nothing that can potentially be used against you in Nassau or Suffolk County Court.
Have Questions About Social Media and Divorce in Nassau or Suffolk on Long Island, NY?
The divorce attorneys and divorce mediators at Hornberger Verbitsky, P.C. are very familiar with the latest decisions by the courts in Nassau and Suffolk counties on Long Island, NY. We can help you navigate the sometimes murky waters of divorce law and ensure your interests are protected to the fullest. If you have questions about your divorce, feel free to contact us at 631-923-1910 for a complementary consultation in our comfortable offices in Melville, NY or fill out the short form on this page and we’ll get right back to you.
No-Fault Divorce Reduces Legal Separation Agreements on Long Island But They Still Play Important Role for Many
In 2010, New York enacted a No-Fault Divorce statute that enables couples on Long Island to be granted a legal divorce without asserting fault on behalf of either party. Prior to this, couples had generally entered into what was known as a Legal Separation Agreement, prior to getting legally divorced. The Legal Separation Agreement allowed a couple a “trial period,” apart, before commencing official divorce proceedings without fault. Now that the legal separation agreement is no longer necessary to ensure a couple can achieve a no-fault divorce, many couples have opted to skip this step and begin official divorce proceedings right away.
Don’t Rush To Divorce on Long Island
Divorce is obviously a big step for any married couple. Most people seriously consider the possibility for a long time and do not take any steps toward divorce lightly. However, when at least one of the partners finally concludes that divorce is the only solution they are naturally inclined to proceed and achieve their divorced status as soon as possible. to promptly seek a divorce. While this is understandable, divorce is the finalized, conclusive end of the marriage, and there are some significant benefits to seeking a legal separation first that should be discussed with your divorce attorney before you proceed.
What is a Legal Separation Agreement?
A Legal Separation on Long Island is significantly less formal than an official divorce proceeding. There is usually little or no involvement of the Nassau County or Suffolk County Court system in a Legal Separation on Long Island. Instead, you and your partner enter into a contract with the help of your divorce attorney (keep in mind, that for the legal separation agreement to be binding, it must be filed with the court, but the court plays no role in its creation).
Under the terms of this contract, which is a legally binding agreement, you and your spouse will likely agree to maintain separate residences, decide issues of child custody and support, and settle the responsibility of bills and other monthly expenses. Once both you and your partner sign the agreement, and it is notarized, the legal separation is official.
Legal Separation Does Not Always Lead to Divorce
However, just because you have a Legal Separation Agreement does not mean you are required to eventually divorce; if you and your partner find that the time apart has done good for your relationship, the separation agreement can be invalidated. Keep in mind though, that because you and your partner are still legally married under a separation agreement, neither of you can remarry during the agreement’s existence.
What are the Benefits of a Legal Separation Agreement?
One of the most important differences between a Legal Separation agreement and a divorce that a Legal Separation Agreement enables you to go back. If you choose to obtain a divorce, once it is finalized, it is permanent. If you and your partner have a change of heart, you will have to eventually remarry each other (if that is the path you choose to take).
Legal Separations are Reversible; Divorces Are Not
With a Legal Separation agreement however, the you and your spouse can invalidate the agreement so long as you resume the marital relationship in such a sense that would give rise to the presumption that you intended to abandon the separation agreement. This is a good option for couples who know they need time apart, but who are not 100 percent sure a divorce is the solution.
Consider Health Insurance Issues
A legal separation also has many financial benefits as opposed to a divorce decree, which may be helpful to couples wondering how one party will support him or herself after the divorce. First, and probably of the greatest significance to a large number of couples on Long Island concerns health insurance coverage. As you likely know, ex-spouses are not covered under most employers’ health insurance plans. However, if you are legally separated, you are not an “ex-spouse” and therefore, so long as the specific insurance plan provides for such, coverage can still be extended (be sure to check with your employer or your partner’s employer, whoever’s coverage used, as each insurance package differs).
Consider Your Social Security Standing
Furthermore, because a legal separation is not the equivalent to a divorce, you and your partner are still legally married for the purposes of Social Security benefits. Under the system set up by the Social Security Administration, a married person cannot collect spousal benefits before the earner has collected his or her benefits. However, in order for a divorced spouse to collect any type of Social Security benefits from the earner, the marriage must have lasted at least 10 years. Therefore, couples may chose to remain legally separated until they hit the 10-year mark, and then obtain a divorce so the beneficiary can take advantage of greater social security benefits. If you find yourself in this position, be sure to discuss with your divorce attorney the specific ramifications regarding Legal Separation and Social Security benefits.
Have Questions About Divorce & Separation Agreements on Long Island, NY?
Before making a final decision about Divorce or Legal Separation on Long Island, it is important to discuss both options with your divorce attorney. Make sure to look at the situation not only from the financial aspect, but also from an emotional standpoint. The compassionate and experienced divorce attorneys and divorce mediators at Robert E. Hornberger, Esq., PC will be happy to help answer your questions about Legal Separation Agreements, No Fault Divorce, Divorce and Mediation. Call us at 631-923-1910 for a complimentary consultation or fill out the short form on this page and we’ll get right back to you.
Following their divorce, many Long Island women consider changing their last, or surname, back to what it was prior to their marriage. For many women, this can be an important step to separating themselves from their former husband and enables them to feel completely able to move forward in their new life.
This, of course, is a personal decision and there are many factors you should consider before taking steps to change your last name back to your prior family name. If you and your partner did not part ways amicably, changing your name back to your maiden name can be liberating and empowering. It can be a step toward re-forming your identity as separate from your marriage.
On the other hand, if you and your partner have children together, you may consider how this may affect your children. Having a different last name than your child can create confusion for that child and you may opt to not change your name so you can have the same last name as your children. Remember again, that whichever you chose is a purely personal decision. If you do chose to use your maiden surname, the following will be a helpful guide on how to achieve this goal.
When Can I Change My Name?
First, it is important to recognize that your name cannot be legally changed until after the divorce has been finalized. Therefore, while you may wish to begin this process as soon as you begin the divorce proceeding, knowing ahead of time that you will have to wait will allow you to spend your time taking care of the more pressing matters of the divorce.
Before your divorce judgment is finalized, your divorce attorney should review the agreement to ensure that it states that you have the right to use your maiden name after the divorce. As long as the divorce judgment states this, and as long as you find all the other terms agreeable, a judge will sign it and you subsequently must file it with the county clerk’s office.
What Do I Do After My Divorce Judgment is Filed with the County Clerk’s Office?
Before you leave the county clerk’s office, be sure to request certified copies of the judgment of divorce. Without these certified copies, you will not be able to complete the name change process.
Step 1: Social Security Administration. After you have obtained the certified copies of your divorce judgment, your first stop should be to contact the Social Security Administration Office. As you likely know, everything you do is connected to your social security number. Therefore, changing the name attached to your social security number in the beginning will make the rest of the process flow more smoothly.
Step 2: Department of Motor Vehicles. Your second stop on the route to your name change should be the Department of Motor Vehicles. For most Long Islanders, your driver’s license is your main form of identification. So now the identification you use everyday would contain the name you wish to be referred.
Step 3: Bank Accounts, Credit Cards, Employer, Insurance, Insurance. After the Social Security Administration and the Department of Motor Vehicles, think of where else you have used the name you are in the process of changing. It is likely you have taken out credit cards, opened bank accounts, and your employer will have you on its payroll with this name. Consider your health insurance, life insurance, car insurance, etc. What about your passport? All of these things should be changed.
Step 4: Gym, Doctor, Hair Salon, etc. Additionally, think of more casual places you have used this name, such as for your gym membership, hair salon, and doctor’s offices. While these have no legal significance, changing them at these locations further separates you from the identity you held while you were married and minimizes any confusion with your other forms of identification. For example, if you pay for your gym membership with a credit card in your maiden name, but your account is listed in your married name, you may find yourself answering unnecessary questions.
What About My Children? Is It Possible to Change Their Names as Well?
Changing the name of a minor child after a divorce is not done in the same manner as changing your own name. To change the name of a minor child, a court petition must be filed. While you can make the decision on your own to legally change your name, a judge has discretion over whether or not to permit the name change of a minor child. In coming to his or her decision, a judge will consider what is in the best interests of the child. The judge will weigh the relationship the mother has with the child against the relationship the father has with the child and if a name change would greatly alter the child’s sense of self. While it may seem unfair that a judge has the power to make such an important decision, it is important to remember that the judge must consider that during a difficult divorce, a person’s judgment can become clouded by emotion. The court understands that in some cases a mother could desire to change a child’s name simply to hurt the father, or vice versa, but not realize that doing so may also hurt the child. Therefore, it is important to have a neutral third party make such a decision.
Have Questions About Changing Your Name?
Contact Us at 631-923-1910
Do you have questions about changing your name after your divorce? Give the compassionate attorneys at Robert E. Hornberger, Esq. P.C. a call at 631-923-1910 for a complimentary consultation. We will speak to you about any aspect of your divorce, including steps you can take to prepare you for your life post-divorce.
If you and your soon to be ex-spouse have decided to use divorce mediation as your method of divorce resolution you both may be wondering what role, if any, a divorce attorney plays in the mediation itself. You are not required to have a divorce attorney mediate your divorce, but you and your partner may decide to hire divorce attorneys to assist you both in the process of divorce mediation if your mediator is not also a divorce attorney. Because you know that you and your partner control the negotiating process during divorce mediation, you may be wondering what role, if any, a divorce attorney can play throughout the process.
The Attorney’s Role Before Divorce Mediation Begins
Before you and your partner even decide upon divorce mediation, either one, or both, of you may have consulted a divorce attorney. If you are considering the idea of using a divorce attorney in addition to your divorce mediator, it is best to consult this attorney in the beginning stages of the process. The divorce attorney can fully explain what divorce mediation is and what it entails, which may make it easier (or more difficult) to choose mediation. If your divorce attorney is not practiced in divorce mediation, he or she may also be able to recommend divorce mediators, however, you should be aware that divorce attorneys who are not also divorce mediators are more likely to steer you away from divorce mediation simply to earn your business for their practice.
The Attorney’s Role During the Divorce Mediation Process
If you do consult a divorce attorney during the initial stages of your divorce mediation, you may wish to keep this divorce attorney throughout the entire process. This attorney may advise you of the law in certain areas, help you review any agreement before you sign it, and eventually prepare the final documents that will be entered with the court so your divorce can be legalized.
Of great importance during the divorce mediation process is the fact that the divorce attorney should not speak for you or your partner. Rather the divorce attorney is present during the mediation as an advisor and support system. If you find yourself confused about parts of the mediation agreement or are undecided about what may be the right decision, you have the option to discuss the matter with the divorce attorney in private. He or she may make suggestions or just simply serve as a listening ear for you to discuss the issue aloud with someone and hopefully be able to reach a conclusion with which to go back to the mediation. Additionally, you may be willing to enter into agreements during the mediation without realization of the risks involved. The divorce attorney is able to explain these risks to you, and help you weigh them against the benefits to make the best decision possible.
If I Do Decide to Hire a Divorce Attorney, Will He or She Accompany Me to the Mediation Sessions?
Once you have decided to hire a divorce attorney to assist you during your mediation process, you may naturally be wondering if he or she will attend every mediation session with you. Like most other decisions during the divorce mediation process, this is a personal choice that you will discuss with your divorce attorney. Keep in mind that your divorce attorney will need to be compensated for his or her time, so the more sessions your divorce attorney has to attend, the larger your legal bill.
If you feel confident in your wants and desires and your ability to clearly communicate these to your partner and the mediator, you may decide to speak to your divorce attorney only before and after the mediation sessions. On the other hand, if you feel as though you may get overwhelmed and need to step out of the room and have someone there to talk with so you can vocalize your thoughts, you may decide to have your divorce attorney accompany you to every divorce mediation session. However, if your divorce lawyer does attend the mediation, it is important to remember that he or she is not there to participate in and make arguments for you. Rather, he or she is there solely for guidance and support, and as a potential legal advisor.
What Does My Divorce Attorney Do Once the Mediation Has Ended?
If your divorce mediator is not a divorce attorney, once you and your partner reach an agreement in your mediation, your attorney will review that agreement, and potentially prepare the finalized documents for the court. This way, you will be reassured that the agreement is valid and enforceable.
A Divorce Mediator Attorney Is Simpler and Less Expensive
As you might imagine, having a separate attorney in addition to your divorce mediator is going to add to your legal bills. The less expensive alternative is to find a divorce mediator who is also an experienced divorce attorney, familiar with the latest developments in divorce law and practice. This kind of mediator will be able to advise you as to the legal ramifications of any agreements reached during your mediation at the mediation, and not in a separate session with an outside divorce attorney.
Call 631-923-1910 for a Free Long Island Divorce Mediation Consultation
To learn more about Divorce Mediation on Long Island and how it can save you time, money and stress, visit this page: How Divorce Mediation Works and its Benefits for Families in Nassau, Suffolk, Long Island. If you would like to learn more about Divorce Mediation on Long Island, call the divorce law firm of Hornberger Verbitsky, P.C. at 631-923-1910 or fill out the short form on this page for a complimentary divorce mediation consultation. The compassionate divorce lawyers at the firm are skilled at all methods of divorce resolution, including litigation, mediation and collaborative divorce.
I have known Robert for more than 8 eight years. Robert has represented many of my family and friends. Each and every one has raved about Robert’s professionalism and expertise. He is knowledgable, friendly and truly cares about his clients. I would not hesitate to continue to refer Robert and his firm in the future!
I’ve known Robert for most of my life, and feel very fortunate that I have been able to turn to a good friend for various kinds of legal advice. He is very intelligent, straight forward, and professional. Most importantly though, Robert always finds the fastest resolution, and will not waste your time or money. He is NOT in the habit of dragging things through litigation if there is no need for the added expense. I have referred a few of my friends to Robert, and they have all been more than satisfied in their experience with him. Highly recommend!!
My divorce was very difficult because my ex decided to be very adversarial about it and hired five different lawyers.However, I was fortunate to find Robert.He guided me through the various stages of the process, providing clear direction and informing me of options, impacts, and likely outcomes. He stood up for me and worked hard for a good settlement. Even when my ex and her lawyers wanted to drag things out Robert cut it short and pushed to end the case rather than add to my expenses. He made a painful experience easier. I highly recommend him.
Robert has represented me twice in actions regarding child support and custody (in 2008 & 2011). He did a fantastic job in both instances. He is very professional, organized and detail oriented. He was easily accessible whenever I needed to speak with him and responded to emails quickly (even on weekends). I felt that he was absolutely honest and fair in his billing – not like many attorneys you see out there who charge you every time your name is mentioned in their office! He is a skilled negotiator (especially against a crafty ex-husband), honest, personable and truly cares about his clients and what is in their best interests. I do not hesitate to highly recommend Robert!
I am an attorney, colleague and friend who has known Robert for over 10 years. I have personally been in private practice for over fourteen years in the areas of Bankruptcy and Criminal Law. Robert has been an indispensable asset for myself and my clients. During the past several years, Robert has assisted dozens of my clients in the areas of divorce, divorce mediation and family law. Although Robert has had great success in representing my clients in both contested and uncontested divorce matters, it is my opinion that he is truly invaulable to the areas ofdivorce mediatiion and collaborative divorce. Each and every client has reported to me that Robert is extremely professonial and courteous. He truly takes his time working with each client so that they are both comfortable and well taken care of throughout a very difficult process. I have the utmost respect for Robert and will continue to refer my clients to him without hesitation.
There are a lot of people out there that think they can hire a company, but not pay that company for it’s services. Without legal help, collecting money from these customers can be very difficult, if not impossible. Robert has helped my company collect a large percentage of our unpaid receivables from customers like this. Furthermore, Robert educated us on our rights and helped put safeguards in place to protect us from delinquent customers. There are very few attorney’s who would go above and beyond like Robert did. I would highly recommend him to anybody in need of legal services.
We were looking for a divorce that was as economical and fast as possible. Robert Hornberger gave us exactly what we wanted. He conducted himself professionally at all times. He didn’t waste any time. He made the process easy and skillfully guided us through any disagreements. He saw us in the evening so we didn’t have to miss work. I have never been to court and he was very thorough with his instructions about what to do so all would run smoothly. Everything did go smoothly. I highly recommend Robert as your mediator.
Personalized Attention! Detail Oriented! I highly recommend Robert Hornberger to help with your legal matters. Robert and I have done business together for several years. He is dedicated to his work, and dedicated to helping his clients achieve their goals in most cost effective matter possible. His attention to detail and the fact that he personally handles his clients’ cases makes him stand apart from many of his competitors.
Rob came highly recommended to myself and I am now taking over with my own praise and recommendations. Motivated, caring and detail oriented are just some of the few personality traits that come to mind when I describe Rob. Going through a trying time in your life is not when you need the difficulties that come with an inexperienced, disorganized and uncaring attorney. Rob was none of those. Instead, he was a joy to work and made a difficult time less so through his kind and caring demeanor and attention to detail. His timely response and availability were supurb as well. I would, hands down, recommend Rob to anyone that needed someone to be a shining star through the dreary experience of a divorce!!!
I highly recommend Rob to anyone needing a divorce lawyer. He is very detail oriented. He included and addressed everything that I never would have thought necessary in the stipulation. He is available, tough and able to communicate in the best way to every type of personality. Signed, sealed and delivered in record time, a new life for me with no errors or regrets. The best money I ever spent.
I was referred to Mr. Hornberger from a friend who knew him. He spoke highly of Mr. Hornberger’s reputation as a very successful and professional divorce attorney. I was very hesitant to contact an attorney due to the sensitivity of my situation. From the moment I contacted Mr. Hornberger I knew I was in good hands. He was easy to speak with, paid close attention to all my MANY questions and reassured me that he could handle my divorce case. Since the 1st phone call, I was sure I wanted Mr. Hornberger to represent me in what I knew would be a very difficult divorce. He DID NOT disappoint! When I thought I would lose everything, with Mr. Hornberger fighting for me, I was able to have custody of my children, stay in the family home and receive child support. As far as divorce attorneys go….. Mr. Hornberger is the RIGHT choice!!!!
I’ve been meaning to send this thank you for months. I want you to know that I appreciate all that you did for me. I know that every divorce has its challenges but mine seemed outstanding. You truly are an amazing attorney. You actually call the person back. You care. You helped me get through the worst time in my life. I will recommend you to anyone that needs an attorney that will treat you like a person. Not a dollar figure. Thank you Rob. I have my boys back. It’s because of you. You kept the peace.- Nadine
I would like to express a heartfelt thanks to Christine and staff for their courtesy and professionalism. As divorce is always a difficult thing to go through, I am happy to have had Christine on my side for legal representation. She made a difficult situation less stressful for me. I would recommend her services to anyone who seeks sound legal advice. She was patient, easy to talk to, and follows through until the job gets done!!! Thanks again for all your help. It really made a difference.
Robert and Staff has done an excellent job In helping me to obtain my QDRO from my ex husband. I was very happy to receive this as I did have a hard time with my ex as he really didn’t want to give this to me. Thank you again as I really appreciate all of your help.
I would like to say that Christine and Robert have gone above and beyond what they said they would do for me. My case is not over yet and I have to say that I am extremely satisfied with all of their support and the way they have handled my case. They have kept me informed of everything taking place and always take out the time to respond to my phone calls or emails. Due to the nature of my custody battle, they are always very sensitive to my feelings and look out for my best interest. They have also advised me on what to do in order to not go beyond my budget. They do not treat me as a dollar sign but as a person in desperate need of their professional help.
Christine Verbitsky was an absolute godsend. At arguably the most difficult time in my life, Christine helped me cope with my situation and gave me a solid basis for hope going forward. She got to know me. She understood what I wanted and helped me understand my legal options. Christine is intelligent, incredibly well-versed in the law and was able to pro-actively take the bull by the horns in caring for both my legal and emotional needs. Instead of letting things drag on, Christine stayed on top of my case and kept costs at a minimum. She was always available to me, fast, efficient, knowledgeable, and caring. I highly recommend her professional services.
Could not ask for a better group of people to help during a difficult time. Christine Verbitsky is extremely knowledgeable and always willing to explain any questions. Always quick responses to emails and phone calls. Willing to work with individual needs. Christine is honest and genuinely cares about her clients. Dawn in the office is a godsend and always willing to lend a hand or an ear. So grateful to have found such caring individuals who are amazing at what they do. Highly recommend!
Mr. Hornberger and his Associates have made one of the most miserable experiences of my life more bearable. While they are reassuring, they also tell me what I need to know (even when I don’t want to hear it). They have guided me through the custody/divorce process with diligence and care. They pay close attention to detail and can always be reached. I could not have chosen a better attorney to represent me. I trust their judgment and know that they will always defend my interests with ardor.
Robert Hornberger is an outstanding attorney. He is professional, intelligent and an excellent communicator. He relates well to his clients. He is personable and easy to approach. I feel totally comfortable discussing all aspects of my divorce with him. Mr. Hornberger ‘s response time is impeccable. He gives 100 percent to his clients,100 percent of the time. Mr. Hornberger and his legal team prepare his strategy with a level of skill and expertise that is superior to all others. I feel confident knowing that he is representing me in my divorce. I would without hesitation recommend Robert Hornberger to anyone going through the difficult time of a divorce. He is bar none the best out there….. THE BEST!!!
Beyond happy with the amazing job Robert did with my family court custody matter. He handled everything professionally and with great ease. I went in uneasy about what was going to happen and Robert made me feel so much better and got me everything I wanted and more. I recommend him to everyone and anyone who is looking for a family court and divorce attorney.
Robert is an amazing attorney who makes divorce/separation a whole lot easier to deal with. He was available by phone or email to answer any questions and always got back to me promptly. I really feel that he cares about his clients and was always honest and up front about everything. My main concern throughout everything was my kids. Robert is very knowledgeable about child custody/child support issues. He added things to my agreement that I wasn’t even thinking of and I’m very grateful for that. I would highly recommend him to anyone!!
Mr. Hornberger handled a stressful custody and child support case for my family with the utmost professionalism, compassion and care. His expertise, understanding and preparation of our case helped ease the tension during this most difficult time. The high quality of service we received from Mr. Hornberger and his staff throughout our case was undeniable. Their style of communication is to respond to any inquiries or requests quickly and honestly. If you have a question, you don’t wait for days for a response! We are happy to have found a firm that understands the complexities and sensitive nature associated with these types of cases as well as the complex New York legal system. They offer legal advice in a timely manner and will litigate professionally, when necessary.
We used Rob for a family matter and he was amazing. He responded quickly and in detail and every time I called the office I was welcomed by a warm receptionist. Would highly recommend.
Robert handled my divorce. Did a great job! Thank you so much!- Todd English
Rob first handled my legal separation back in April 2014 and helped me get out of my house with an agreement that worked for myself and future ex. Finally, in early 2018 we started the process of divorce and he has been terrific to work with. He lets you know every step of the way what is going to happen and is very honest with his opinions on certain subjects. Divorce is not easy on the “Man” side of the equation and Rob was instrumental in making sure I landed on my feet. I’m glad he was on my side and I highly recommend him for anyone making sure they get a fair deal.- Mark Kravitz
I have had Rob and his staff represent me on my divorce and my child custody case over the past 10 years. If family is #1 like is for most and you want comfort knowing that he will fight for and get you what you deserve then Robert Hornberger is your attorney. Very detailed orientated and fights for your best interest always. If he represents you, you can sleep well at night knowing he is doing everything possible to win your case and protect your rights as a parent or a Father as I my case.- Philip Iserino
I recently retained Mr. Hornberger’s Office to handle my Divorce. My Divorce has been on-going for over 3 years with not much success. After being extremely frustrated with the process I felt I needed a more experienced, professional, compassionate, go-getting Attorney. Mr. Hornberger and his staff couldn’t be more understanding of my needs, they return my phone calls and they get the job done! I am completely happy with my results and so happy I switched. I HIGHLY RECOMMEND!- susan
FAMILY COURT-NEGLECT CASE A year ago life as I knew it forever changed. My husband of more than 2 decades went to CPS and accused me of heinous acts. He then went to the court and filed for an OP [Order of Protection] against me. I was thrust into to Family Court System and I quickly learned that if I did not fight these neglect charges I would also lose my career. I knew the charges against me were false and could not be proven-but NONE of that mattered — what did matter was I was ACCUSED and I had to find legal counsel to fight for me. Robert and Christine took on my case when it was just one neglect charge against me. At my first court appearance I found out that I was also being charged with Munchausen’s by Proxy. I assumed Robert and Christine would drop me as a client — they didn’t — they fought even harder for me. DAY 1 they told me “It’s going to be a long process. Your best case scenario is a dismissal but it’s at least 6-12 months away”. I DID NOT want to hear this. I wanted to STORM the court and make the Judge and CPS realize I was a good person and give me my children back. What actually happened was EXACTLY what I was told by Robert and Christine. 9 months after hiring them to represent me I received a one year ACOD and full custody of my children. Robert and Christine took care of ME. They read my emails and responded quickly. Returned my phone calls and they entertained my endless theories for how to make things move faster. I was a Mom filled with tremendous fear, but Robert and Christine assured me “WE WILL WIN”-“BUT, IT WILL TAKE TIME”. The staff at this firm is amazing. Dawn, Susan, Kellie and Mary took care of me like I was their own family. The first few months I would call crying and in crisis. They listened and assured me I was in good hands with Robert and Christine. I was very lucky to find a team willing to go to battle for me….in the end it’s all about the kids – and I am one blessed Mommy!- Happy Mom
Robert Hornberger is a great lawyer in more ways than one. He knows the law inside and out, he is professional, he is a strong advocate and he tells his clients the truth about what they can expect. I recommend him without hesitation.- Marci Goldfarb
Christine was the second lawyer to work on my divorce and child custody case and I wish we had her from the start. During my initial consultation with Christine, I knew she understood that my son’s well being and stability was everything to me. Instantly, I felt trust with her and knew we were in good hands. Both Robert & Christine are extremely knowledgeable on the law and are very strategic when it comes to complex and unique cases such as mine. (Myself and son live in Florida, this entire case lasted a year and went to trial in New York.). They truly care about their clients and fight for what is important to them. It was nice to have a response within an hour of my emails, my phone calls and never felt like i was left waiting for someone to reply. The advice they gave to me during this year long battle sometimes didn’t seem to make sense to me but looking back, what seemed like huge monumental problems during my trial were only small bumps along the way to our VICTORY! Once you are in the courtroom with these two you realize what you’ve been paying for & every cent is worth it. If your case does go to trial, you don’t want to walk in alone. When you choose an attorney, sometimes you are literally putting your life in their hands. I trusted Christine then, and I would trust her again today. Rest assured that you’re in good hands once you hire this firm. When they say something is going to get done, it does. You would be very fortunate to have them represent you. This firm was a blessing from the moment I walked into the office! I can’t thank you all enough!!- stephanie gavilanes
My visitation case was about a year ago with Ms. Christine Verbitsky. I had the best experience working with Ms. Verbitsky. My child’s father who was absent for 7 years of his 9-year-old’s life wanted visitation. My child is autistic, so things were a little different. Ms. Verbitsky was super professional and caring about the outcome of the case. She was always available and always made me aware of any updates. She gave great advice and I would recommend her if you want an excellent attorney who is knowledgeable as well as understanding and will stand up for you when you need it the most!- Victoria Valdes
I would like to express a heartfelt thanks to Christine and staff for their courtesy and professionalism. As divorce is always a difficult thing to go through, I am happy to have had Christine on my side for legal representation. She made a difficult situation less stressful for me. I would recommend her services to anyone who seeks sound legal advice. She was patient, easy to talk to, and follows through until the job gets done!!! Thanks again for all your help. It really made a difference.- Sharon Banks
I would like to say that Christine and Robert have gone above and beyond what they said they would do for me. My case is not over yet and I have to say that I am extremely satisfied with all of their support and the way they have handled my case. They have kept me informed of everything taking place and always take out the time to respond to my phone calls or emails. Due to the nature of my custody battle, they are always very sensitive to my feelings and look out for my best interest. They have also advised me on what to do in order to not go beyond my budget. They do not treat me as a dollar sign but as a person in desperate need of their professional help.- Ruben Taveras
Robert and his staff have done an excellent job helping me to obtain my QDRO from my ex husband. I was very happy to receive this as I did have a hard time with my ex as he really didn’t want to give this to me. Thank you again as I really appreciate all of your help.- Rose Willis
Christine Verbitsky was an absolute godsend. At arguably the most difficult time in my life, Christine helped me cope with my situation and gave me a solid basis for hope going forward. She got to know me. She understood what I wanted and helped me understand my legal options. Christine is intelligent, incredibly well-versed in the law and was able to pro-actively take the bull by the horns in caring for both my legal and emotional needs. Instead of letting things drag on, Christine stayed on top of my case and kept costs at a minimum. She was always available to me, fast, efficient, knowledgeable, and caring. I highly recommend her professional services.- Libby Tolson
Could not ask for a better group of people to help during a difficult time. Christine Verbitsky is extremely knowledgeable and always willing to explain any questions. Always quick responses to emails and phone calls. Willing to work with individual needs. Christine is honest and genuinely cares about her clients. Dawn in the office is a godsend and always willing to lend a hand or an ear. So grateful to have found such caring individuals who are amazing at what they do. Highly recommend!- Lynsay Halikias
Mr. Hornberger and his Associates have made one of the most miserable experiences of my life more bearable. While they are reassuring, they also tell me what I need to know (even when I don’t want to hear it). They have guided me through the custody/divorce process with diligence and care. They pay close attention to detail and can always be reached. I could not have chosen a better attorney to represent me. I trust their judgment and know that they will always defend my interests with ardor.- Carli Saftchick
I was referred to Rob Hornberger by another attorney. From my initial fee consultation, Mr. Hornberger was insightful, empathetic and explained to me what I should expect regarding my divorce. After a couple days, I retained Rob and basically things went as he described, in fact it took a little less time then originally suggested! Thank you… He later handled a child support matter and a stipulation adjustment that my ex-wife requested. My experience with Rob has been great, he calls back pretty fast and tells you honestly what to expect. I would recommend Rob Hornberger to anyone I know that is going through this terrible thing we call divorce, he made it less scary…- Todd English
Robert Hornberger is an outstanding attorney. He is professional, intelligent and an excellent communicator. He relates well to his clients. He is personable and easy to approach. I feel totally comfortable discussing all aspects of my divorce with him. Mr. Hornberger ‘s response time is impeccable. He gives 100 percent to his clients, 100 percent of the time. Mr. Hornberger and his legal team prepare his strategy with a level of skill and expertise that is superior to all others. I feel confident knowing that he is representing me in my divorce. I would without hesitation recommend Robert Hornberger to anyone going through the difficult time of a divorce. He is bar none the best out there….. THE BEST!!!- Susan Burnett
Beyond happy with the amazing job Robert did with my family court custody matter. He handled everything professionally and with great ease. Went in uneasy about what was going to happen and Robert made me feel so much better and got me everything I wanted and more. I recommend him to everyone and anyone who is looking for a family court and divorce attorney. Would highly recommend him.- Paige Kouba
Robert was very professional, fair and accommodating. Highly recommended for mediation.- Danielle Dekenipp
Thankfully, I was referred to Robert Hornberger from a friend. I had no idea where to turn at this point in my life, but knew that I needed legal advice. From the moment his assistant Mary answered the phone I was put at ease, and knew I had found the right place. My first meeting with Robert just assured me even more. With everything being so overwhelming and complicated, he was always extremely patient and took the time to explain. Most importantly, he is very fair. He has always done everything in his power to work things out quickly and not drag issues through court. One of the most comforting things is that he was always very quick to return calls and settle issues, even if it was late in the day he always returned e-mails or phone calls to put me at ease. I honestly don’t know what I would have done or where I would have wound up if it was not for Robert and his team. I would DEFINITELY, without hesitation, recommend him to anyone!!- carol ferryman
Mr. Hornberger handled a very stressful custody and child support case for my family with the utmost professionalism, compassion and care. His expertise, understanding and preparation of our case helped ease the tension during this most difficult time. The high quality of service we received from Mr. Hornberger and his staff throughout our case was undeniable. Their style of communication is to respond to any inquiries or requests quickly and honestly. If you have a question, you don’t wait for days for a response! We are happy to have found a firm that understands the complexities and sensitive nature associated with these types of cases as well as the complex New York legal system. They offer legal advice in a timely manner and will litigate professionally, when necessary.- Dawn V.
If you want a lawyer that you know will go to all lengths to make sure you’re protected and get what you deserve then look no further than Robert as your attorney. With a wealth of experience and knowledge coupled with the bulldog mentality fighting for your rights then ask for a consultation and you won’t regret it. He has represented me in a few family matters over 10 years and always felt I can sleep at night.- Philip
I first went to consult with Robert for a divorce proceeding, but we ended up retaining him together as our mediator. I was really impressed with how he explained everything to me and told me what my options were. He told us when we were being unreasonable or asking for something outside of the scope of what we were entitled to. His staff was always as helpful and friendly as they could possibly be. I loved the fact that I was always dealing with him. A few of my friends told me that they rarely dealt with the lawyer they hired, instead they spoke with everyone else but them. If and when I needed to speak with him he always responded asap. Robert was very knowledgeable of all aspects within the law. Answering our questions instantly regarding the children, our assets, anything we needed to know. Making the decision to get divorced was not easy for me, all the unknowns and what-ifs, it was very stressful and scary. Robert and his staff made it easier and were very comforting. I was recommended to consult with him and now I’m recommending him to everyone. I couldn’t have been happier with my experience.- Alisa
I find Mr. Hornberger and his staff to be very knowledgeable and professional. In particular, Christine Verbitsky, Esq., is an extremely bright associate who practices like a seasoned pro. I would continue to refer matters to them.
Robert really helped me out with a cross state divorce. We spoke when it was needed, email response was awesome and his staff always followed up when he couldn’t. There was a lot of back and forth for nitpicky issues and he (or Christine) always got back to me with a positive answer. He was very sympathetic when my ex was pushing me. I recommend Robert for everything.- Michelle
I am an attorney, colleague and friend who has known Robert for over 10 years. I have personally been in private practice for over fourteen years in the areas of Bankruptcy and Criminal Law. Robert has been an indispensable asset for myself and my clients. During the past several years, Robert has assisted dozens of my clients in the areas of divorce, divorce mediation and family law. Although Robert has had great success in representing my clients in both contested and uncontested divorce matters, it is my opinion that he is truly invaluable to the areas of divorce mediation and collaborative divorce. Each and every client has reported to me that Robert is extremely professional and courteous. He truly takes his time working with each client so that they are both comfortable and well taken care of throughout a very difficult process. I have the utmost respect for Robert and will continue to refer my clients to him without hesitation
We just wanted to take a moment to thank you and let you know how grateful we are to have had the opportunity to meet with you. After leaving the consultation, we have felt the most hopeful than we ever have throughout this whole ordeal. You have helped us restore our faith in the whole situation and we look forward to working with you.- Nicole
Thank you for not only the great outcome but for all of your support and hard work to get me there. I appreciate how dependable you were and how you always responded to my messages. I am grateful I found you to represent me.
THE Attorney you can trust when it comes to divorce
I was referred to Robert by a trusted attorney and family friend. After a tenuous and lengthy divorce, I needed an attorney that was aggressive in the court room, but that understands the delicacy of the custody battle that is currently underway. I have finally met a competent attorney that I know I can trust wholeheartedly. Hands down, I wish I had met him right off the bat.- Heather
Rob is outstanding. He is like having the big brother every woman needs! You will not be disappointed.- Clare E.
Rob has helped me to become the happiest I have ever been in my life. He has helped me to be free from an abusive and neglectful individual. Rob made the process as easy for me as possible. He is attentive, and detail-oriented, covering ground in the stipulation that I never would have considered necessary, and now I am very grateful for. Rob is the big brother every one needs. He is an extraordinary lawyer, and a great guy.
What is Divorce Mediation & How Can It Help Me on Long Island, NY?
Finding yourself faced with an impending divorce? If so, you and your soon to be ex-spouse likely have many questions. One of those questions may be whether divorce mediation is the right choice for you? Or better yet, what is divorce mediation?
Divorce mediation is a voluntary process and method of achieving a legally binding divorce, most often in less time, with less expense and with less stress than a typical litigated divorce. In divorce mediation, you and your soon to be ex-spouse will meet with your divorce mediator, either with or without attorneys, but either way without involving the court system, in order to come to a mutual agreement about the practical terms of the divorce.
While divorce mediation is a better divorce solution for most Long Island couples, it is not for everyone and you and your partner must understand what’s involved before making any decision.
Should We Consider Divorce Mediation?
Because divorce mediation involves you and your partner coming to a mutual agreement on your own terms, it is essential that you both are either already in accord with your wants or believe you will be able to reach a mutual agreement. It is essential that you and your partner can communicate with each other in order to come to agreement on the practical matters that need to be resolved to end your marriage. This does not mean that you have to be in complete agreement before you enter mediation, but you both need to be willing to listen to your partner and make reasonable compromises that are in the best interest of you and your family.
While not necessary, it can be helpful if both you and your spouse have been involved in handling the finances throughout the marriage. If you are both aware of your current financial situation and obligations, there is less chance of surprises or unexpected results.
If you and your soon to be ex-spouse have feelings of resentment or animosity toward one another, divorce mediation may be a more difficult experience. However, it is not crucial that you and your soon to be ex-spouse are on the same page regarding all issues surrounding the divorce before deciding on divorce mediation rather than hiring divorce attorneys and litigating your divorce in court. When going through a divorce, it is almost inevitable that there will be disagreements along the way; so long as these are minor or things that are capable of resolution with time, divorce mediation is something you should consider.
What are the Benefits of Divorce Mediation?
Cost: Two Attorneys = Twice the Fees. Perhaps the most important issues for Long Island couples going through a divorce is the financial aspect of the divorce itself. This is one of the major benefits of divorce mediation: it is usually much less costly than divorce litigation. If taking the typical route of litigating your divorce in the Nassau County or Suffolk County court system, both you and your partner would need to hire, and therefore pay for, for your own divorce attorney, which may have the potential to cost tens of thousands of dollars. Divorce mediation on the other hand, is likely to cost a fraction of the price.
Time: Months Versus Years. With coordinating attorneys’ schedules, motions, responses to motions, scheduling court dates, etc., not to mention the adversarial nature of divorce litigation, litigating your divorce often take years to resolve and conclude. Because you and your spouse work together with your divorce mediator to resolve your divorce through mediation, you are in control of how long it takes. Your mediator works to keep the sessions non-adversarial and productive to conclude your divorce as quickly as possible. With divorce mediation, your divorce can be finalized after a few sessions with the mediator if you and your partner are able to easily agree on the terms.
Confidential: Better for You and Your Children. Another significant benefit of divorce mediation, especially if you and your partner have children, is the fact that any divorce judgment reached by mediation is confidential. If your divorce is litigated in court, it becomes public record, and therefore, all information that was discussed during the divorce also becomes public record – including your finances, assets, income, any fault asserted, and all other personal issues that may have been discussed. If you do have children, it is likely you are friendly with other parents in the neighborhood, therefore, it may be beneficial to you and your partner to keep such information private and allow the divorce to remain a personal, not public, matter.
Non-Confrontational: Low-Stress. Divorce mediation itself is a friendlier and non-confrontational process as opposed to the much more adversarial nature of a litigated divorce through the court system. If you and your partner have the type of relationship that allows for you to consider divorce mediation initially, it is likely that neither of you wish to drag the other through the painful stages of litigation. By choosing divorce mediation, you and your soon to be ex-spouse only need to sit down in a room and discuss both of your wants and needs, there is no need for a divorce attorney to fight for more for either of you. Through divorce mediation, you are more likely to minimize any feelings of hostility toward one another and come away with an agreement you can both live with going forward.
Do We Still Need to Hire Divorce Attorneys?
There are a number of different types of divorce mediators who can help you; some are divorce attorneys and others are not. If you choose to use a divorce mediator or divorce mediation service that is not a licensed, practicing divorce attorney, you might want to have a divorce attorney look over your final divorce agreement to be sure you are each protected under New York State law. Only a divorce attorney practicing in the Nassau County and Suffolk County courts is likely to be thoroughly familiar with the latest developments in the law and have the experience to know the best way to protect you in your final divorce agreement.
Contact Robert E. Hornberger, Esq. P.C. for a Free Consultation
To learn more about Divorce Mediators on Long Island and how they can save you time, money and stress, visit this page: Divorce Mediator Long Island | Nassau County & Suffolk County. The Long Island divorce mediators at Hornberger Verbitsky, P.C. are practicing divorce attorneys in Nassau County and Suffolk County, NY. While we recommend divorce mediation for our clients for whom this is the best solution, we litigate divorce regularly and are therefore familiar with the ins-and-outs of the court system and the latest developments in divorce law. Give us a call at 631-923-1910 for a free consultation. We’ll discuss the specifics of your case and let you know if you and your spouse are good candidates for divorce mediation or another method of divorce resolution or an alternative resolution method.
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.
In your research and inquiry into New York divorce law applicable to your Long Island divorce, it is inevitable that you have stumbled across the words “annulment of a marriage”. You may have several questions, including:
