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As experienced Long Island divorce attorneys, we often see how Uncontested divorces become highly Contested divorces over the same issues. These issues often become so heated that they often seem insurmountable obstacles to obtaining your Final Judgment of Divorce. Below are some of the most common issues that cause parties the most stress.

Child Support, Child Custody & Visitation

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In a majority of Long Island divorces, children are involved. Usually, the inclusion of children in a divorce immediately makes matters more complicated and emotional for both parties. In a small number of cases, issues relating to children, including Custody, Visitation and Support are simple and straightforward. They may be settled relatively quickly, with little to no agitation. For the most part, however, issues surrounding children can become the most contested issues in your divorce. It is important to remember that the best interests of your children must rule the day. A divorce is a big change, and it should be the ultimate goal of the parents to ensure that their children are feeling loved and supported during this tumultuous time.

It’s important to remember that to have a Final Judgment of Divorce granted, the issues of Child Support, Child Custody and Visitation must be settled. Without a final agreement on these matters, your divorce will not be granted.

Equitable Distribution of Wealth and Assets

Another common contentious topic usually revolves around the couple’s assets and their distribution. On Long Island, New York, a process called Equitable Distribution is utilized by the courts to ensure that each party is walking away with an equitable portion of the marital assets. In a divorce including parties with a high net worth, the issues surrounding equitable distribution, and those further issues implicated by it, can become very serious and complex. In some cases, assets may not be able to be split at the time of divorce and thus payouts are necessary. When the exchange of money are assets are involved, emotions usually run very high. These emotions can be further exacerbated when things such as inheritance, trusts, pensions and certain tax issues are involved.

Again, as with child-related issues in your divorce, a Final Judgment of Divorce cannot be granted until the assets contained within the marriage are properly distributed.

Domestic Violence and Orders of Protection

Finally, instances of domestic violence, which could result in Orders of Protection, further complicate the divorce process. Although the issues surrounding domestic violence are typically handled outside of the Supreme Court (in which your divorce is dealt with), the decisions made by other courts could have consequences on your pending divorce. If Orders of Protection are issued in the Family or District Courts, that can make communication between the parties extremely challenging. Additionally, when instances of domestic abuse and the resulting Orders of Protection are issued, emotions are usually extremely high. These can all cause serious delays in your divorce, causing this stressful time to stretch on and become more expensive.

Have Questions? Contact Our Long Island Divorce Law Firm

If you are considering divorce, or already have a pending divorce action, and believe your matter will become contentious and complex, it is important that you have an experienced Long Island Divorce Attorney assisting you. If you want to protect your interests and ensure that you are properly represented, we can help. Contact our Long Island Divorce & Family Law firm at 631-629-2545 to set up your free consultation.

 

 

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