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How can I get a divorce using a separation agreement?

A Legal Separation Agreement is often a first step on the road to a legal Divorce. The agreement is a contract between the husband and wife that outlines the division of the critical aspects of the couple’s life together. These items can include the care and custody of children between them, property and financial assets, and much more.

After signing a Legal Separation Agreement, a couple must live separate and apart from each other for at least a year before moving to Divorce proceedings. There are a number of specific legal and technical requirements that must be followed in creating a Legal Separation Agreement in order for it to be used as the basis for a Divorce proceeding. Errors or omissions in a Separation Agreement can create difficulties and struggles when a couple later desires to move on to finalize their Divorce so it is recommended that you enlist the services of an experienced divorce attorney, collaborative lawyer or divorce mediator when drafting your legal separation agreement.

What is the difference between a Contested and Uncontested Divorce?

The difference between a Contested and Uncontested Divorce is fully explained here.

Questions About Contested Divorce on Long Island?

To learn more about what you need to know about Contested Divorce on Long Island and how to get help to protect yourself and your future to ensure you have the freedom and resources to live a full and happy post-divorce life, visit this page: Contested Divorce Attorney Protects Your Rights & Assets

What if I cannot locate my spouse?

In order to initiate a Divorce proceeding in  Long Island, NY, the defendant, your spouse, normally must be personally “served” with a Summons with Notice or Summons and Verified Complaint, a legal document created when you file your legal action. When this is not possible, you can apply for permission from the New York State Supreme Court by filing an Application for Alternate Service in either Nassau County or Suffolk County, wherever you initially filed your Divorce case. These applications will incur additional filing fees and publication charges.

Do I need a lawyer to get a divorce?

In most cases, yes. Even in Uncontested Divorce cases, the law surrounding divorce can be very complicated and not addressing one simple thing can delay your divorce or present further issues many years down the road. Divorce involves many complex financial, property and parenting issues with which an experience attorney can help you. Even if you believe you have resolved all these issues with your spouse, a divorce lawyer can help you prepare the forms required to apply and finalize your divorce.

There are many different types of divorce. While Litigation of a Contested Divorce may be the most common (and typically expensive), Collaborative Divorce and Divorce Mediation can be practical Alternative Dispute Resolution solutions, particularly when you and your spouse have an amicable relationship and believe you can work out your differences between you. These divorce methodologies keep you out of court and can often save you time and money and reduce the stress involved in a litigated divorce. They can also improve your ongoing relationship with your spouse and both of your relationships with your children post-divorce.

How long does it take to get a divorce?

This is not an easy question to answer. Some divorce cases can be completed in as little as 90 days, while others can take years to resolve. It really all depends upon how complex your individual case is and how willing you and your spouse are to negotiate and agree on the terms of your divorce. There are many complex issues of financial and property division, child rearing and support, custody and visitation, and even the grounds for divorce, which can become stumbling blocks to a quick divorce. The only way to know for sure is to meet with an experienced divorce attorney who knows the questions to ask to reveal the complexity of the case and advise you on the best way to move forward with your divorce. The Divorce and Family Law Firm of Robert E. Hornberger is pleased to offer a free initial consultation to discuss your case, your options and determine the best way for you to move forward. Give us a call at 631-923-1910 or fill out the short form to schedule your free consultation.

For more information about Divorce on Long Island, visit this page: Divorce Lawyers Answer Questions about Long Island Divorce