As a divorce lawyer practicing mostly in Nassau and Suffolk counties on Long Island, NY, I would like to share some of the most common questions I am usually asked by new clients. I hope this helps those of your who may be considering taking steps to end your marriage through divorce.
How do I start an action for divorce or separation in New York?
To start an action for divorce or separation, the parties must file a Summons, or Summons and Complaint in the Supreme Court of New York. After that, the Summons must be served personally on your spouse, along with what is called an “affidavit of personal service”. The affidavit must be filed in the court within 120 days from the day the Summons is served. After you serve your spouse with the Summons, he or she has twenty days to respond.
What are the grounds for a divorce in New York?
There are currently seven grounds for divorce in New York State:
- Cruel and inhuman treatment
- Abandonment for more than one year
- Imprisonment for three or more years
- Adultery
- One year of living apart under a separation agreement
- One year of living apart under a separation judgment by the court.
- Irretrievable breakdown of the marriage for a period of at least six months
The last three listed (5, 6 and 7) fall under a “no-fault” divorce category, while the others are based on the “fault” of one of the parties.
How long does a divorce take to complete?
In Uncontested cases, the divorce can be complete usually within 60-90 days, depending upon the county. If the matter is Contested, the divorce can take a year, or in worst case, more than three years.
Am I allowed to see my spouses’ financial records?
Both spouses have the right to complete disclosure of finances in New York. This includes the spouse’s income, expenses and assets. The disclosure must occur before the case can proceed to trial or settlement.
If you have more questions regarding divorce in Nassau or Suffolk Counties in New York, please feel free to call the office of Robert E. Hornberger, P.C. at 631-923-1910 for a free consolation.
For more information about Divorce on Long Island, visit this page: Divorce Lawyers Answer Questions about Long Island Divorce
Robert E. Hornberger, EsqI know from both personal and professional experience that divorce is emotional for everyone involved. No one expects to get divorced so it is naturally a stressful life-changing event. I’ve been in your shoes; I understand. As emotional as it is, divorce is also a practical matter. While it may seem cold, when it comes down to it, divorce is essentially a legal “business transaction”. My job as your divorce attorney is to take care of the practical, material and legal aspects of your divorce so you can move on emotionally. I’m here to protect your legal and financial interests now and ensure you have the tools and resources you need to start a new, happy, productive, fulfilling life without your current spouse. While my greatest job satisfaction is the relief I bring to my clients, below are some of the credentials, awards and recognition I’ve received en route. Over 20 years practicing matrimonial law Over 1,000 cases successfully resolved Founder and Partner of Hornberger Verbitsky, P.C. Experienced and compassionate Long Island Divorce Attorney, Family Law Attorney, and Divorce Mediator Recognized for a tough courtroom disposition Skilled litigator whose reputation, training and experience as a divorce attorney, mediator and collaborative divorce attorney makes Robert particularly skilled at resolving cases prior to trial Opposing counsel recognize Robert will not back down until he achieves a favorable resolution for his clients. Licensed to practice law in the State of New York New York State Bar Association member Nassau County Bar Association member Suffolk County Bar Association member “Super Lawyer” Metro Rising Star Nominated Best of Long Island Divorce Attorney four consecutive years Alternative Dispute Resolution Committee Contributor Collaborative Law Association of New York – Former Director Martindale Hubbell Distinguished Designation America’s Most Honored Professionals – Top 5% Lead Counsel Rated – Divorce Law American Institute of Family Law Attorneys 10 Best International Academy of Collaborative Professionals Graduate of Hofstra University School of Law Double Bachelor’s degrees in Philosophy, Politics & Law and History from SUNY Binghamton University Long Island native
