by Robert E. Hornberger, Esq | Oct 8, 2019
Can You Divorce Without Spouse’s Consent on Long Island?
Usually, both spouses are present during a divorce on Long Island. They negotiate property division, spousal maintenance, child custody, and other pertinent matters, and when the papers are signed by both parties, the divorce becomes final.
However, not all divorces involve both spouses. In some cases, one spouse may be absent, leaving the other to manage the entirety of the divorce alone. But how does one get a divorce when the other spouse can’t, or won’t, participate? New York state law has a few provisions that allow one spouse to divorce the other, even if they’re not present.
Here are two situations where you may be dealing with divorcing without your spouse:
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by Robert E. Hornberger, Esq | Sep 10, 2019
When Is Divorce Litigation the Best Option for Long Island Families?
A litigated divorce is the type of divorce most often seen in the media; those long, drawn-out court battles “to the death” that cost a fortune and end up tearing the family apart. Most divorce litigation cases aren’t dramatic, drawn out and expensive as those you see in the news, however, they do usually take longer and therefore cost more than other Long Island divorce options like divorce mediation, collaborative divorce or arbitration. Before deciding to litigate your divorce, it’s important you understand what this will entail to ensure it’s the right choice for you and your family. Here’s what you should know. (more…)
by Robert E. Hornberger, Esq | Aug 6, 2019
How to Deal with Emotional Fallout of a Long Island Divorce
Divorce is an intensely emotional experience no matter what side of it you’re on. Whether you initiated the divorce or not, you’re going to have a myriad of feelings about ending your marriage. Here are some ways to cope with soaring emotional highs and deep lows. (more…)
by Robert E. Hornberger, Esq | Jul 30, 2019
Will Criminal Charges Affect Your Long Island Divorce?
Although criminal charges and family legal matters are handled in two different courts, they sometimes overlap. When they do, one may impact the other. Often, it’s criminal charges incurred during a divorce that affect the divorce instead of vice versa. Find out how a divorce influenced by criminal charges and when should you contact a divorce attorney? (more…)
by Robert E. Hornberger, Esq | Jul 16, 2019
3 Dangers of DIY Divorces on Long Island
While dissolving your marriage may be something you desire, few people on Long Island look forward to the actual process of getting a divorce. In addition to the emotional impact of divorce, many people fear the perceived cost of hiring an experienced divorce attorney. This has led to “do-it-yourself” divorces that promise the same outcome as filing with an attorney for a fraction of the time and cost. Is a DIY divorce really all it’s cracked up to be, or are there real risks associated with filing a divorce without legal counsel? (more…)
by Robert E. Hornberger, Esq | Jul 2, 2019
Do You Really Need to Go to Trial for Your Long Island Divorce?
If you and your spouse have decided to get a divorce on Long Island, did you know that you don’t necessarily have to go to trial? Here’s what you can try first and how to know if a trial may, in fact, be the best option considering your circumstances. (more…)
by Robert E. Hornberger, Esq | Jun 18, 2019
Filing Bankruptcy Before or After Getting a Long Island Divorce
Divorce and bankruptcy are often closely related on Long Island. Couples who file bankruptcy may later get a divorce due to financial distress, while individuals who get a divorce may file bankruptcy as a result of being left with a lot of debt after the divorce. If you know you’re likely going to get a divorce and file for bankruptcy, which one do you do first? The answer varies depending on the details of your situation. Here’s what you should know about choosing between filing for bankruptcy before or after getting a divorce on Long Island. (more…)
by Robert E. Hornberger, Esq | Jun 4, 2019
What Not to Do Before Getting a Divorce on Long Island
Your actions before your divorce can have a significant impact on the process of dissolving your marriage on Long Island. You could put yourself at a financial disadvantage or make it more difficult for the judge to sympathize with you. Here’s what you shouldn’t do before getting a divorce — and one thing you should. (more…)
by Robert E. Hornberger, Esq | Jan 29, 2019
Do I Need Legal Separation Before I Get a Divorce On Long Island?
Legal separation on Long Island is an excellent tool that couples facing marital challenges can use to determine if they would benefit from ending their marriage. It’s less expensive than filing for divorce and is a good first step. But do you have to have a legal separation before you get a divorce? Or can you go straight to court, do not pass go, do not collect $200? (more…)
by Robert E. Hornberger, Esq | Dec 4, 2018
5 Most Commonly Disputed Issues in Long Island Divorces
Making the decision to get a divorce is not something to be taken lightly, even if it seems as though you and your soon-to-be ex-spouse are in agreement about most of the issues at hand. A divorce tends to bring out issues that couples often haven’t thought of and aren’t sure where they stand or how they feel about them. They may realize that they disagree with their ex, potentially leading to a contested divorce. Here are the 5 most commonly disputed issues in Long Island divorces and how you can get the help you need when you and your ex don’t agree on a critical matter. (more…)