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Common Issues of Contention During Your Long Island Divorce

by | Apr 10, 2018 | Contested Divorce, NY

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 631-923-1910 to set up your free consultation.

 

 

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Janine Keleghan
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From the minute my now x-husband and I met with Robert, we both felt comfortable and confident that he and his firm were a great fit for our "gray divorce". Divorce is unsettling but the firm and the confidence, consideration and responsiveness made this very challenging time much easier to navigate. I am grateful for the whole team at Hornberger Verbitsky. Reasonable competent and fair to both my "x" and I. I would not hesitate to recommend them to anyone needing legal representation. Patty is also the "bomb" she was always kind and patient with me, which was a blessing during this very difficult life changing time.
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Robert has been my attorney for 14+ years. Through the years he has taken every call, and responded to every email, even when we were not dealing with an active court matter. Most recently, he, and his amazing team, did everything to see me through a lengthy and draining child support modification. His experience with Divorce, and Family Court, matters makes him extremely knowledgeable; therefore, if he doesn’t feel you can benefit from an action, he will advise you as much. He is not in this business to charge you fees just for the sake of making money. He will listen to you, take your feelings into consideration, and then take the time to explain how the Law works. The Courts do not care about your feelings but he, and his entire firm, genuinely do care about you AND work to obtain the best possible outcome! All the while, truly understanding these matters are very difficult to go through emotionally AND the financial impact they have on you. I highly recommend Robert and his firm… you will not be disappointed.

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