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Divorce Litigation Lawyers, Long Island, NY

What You Need to Know About Divorce Litigation
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Long Island Divorce Attorney Answers Questions about Divorce Litigation

Long Island Divorce Attorney Divorce Litigation

When Long Island couples cannot come to an agreement or settlement through other methods of divorce, the notorious task of divorce litigation must be undertaken in a Suffolk County or Nassau County courtroom.

As an experienced divorce attorney on Long Island, NY, I know that, ideally, divorces are uncontested and settled outside of court through divorce mediation, collaborative divorce, or settlement, saving the parties time, money and stress. However, for some people involved in a divorce in Nassau and Suffolk counties, the issues involved in their divorce are more complex and staying out of court is simply not an option. Disputes in divorce typically revolve around issues of equitable distribution (property division), child custody and child support, and spousal support (alimony). When an agreement or settlement cannot be reached through other means, couples must engage in divorce litigation. In these cases, you will need a divorce attorney with vast experience preparing and litigating divorces in Nassau County and Suffolk County courtrooms.

What is Divorce Litigation on Long Island, NY?

What is Divorce Litigation?Divorce Litigation occurs when there is significant disagreement between you and your spouse about the decisions that must be made in a divorce and it becomes apparent that these issues cannot be settled through negotiation outside of court. In this case, a divorce proceeding must be commenced in a Nassau County or Suffolk County court. In this type of proceeding, both parties to the divorce present their cases in front of a judge, and the judge decides the terms of the divorce that cannot be agreed upon.

How Do I Start a Divorce Litigation Proceeding on Long Island?

On Long Island, NY, initiating divorce litigation is relatively straightforward. The action begins when one party files and serves an action for divorce in Suffolk County or Nassau County court. The other party is given an opportunity to respond. A preliminary conference is held, during which the court may note that certain issues have been agreed upon and are therefore “resolved.” The court may also issue temporary orders about who will have temporary custody of the children, who will live at the marital residence, and whether child support or spousal maintenance should be paid while the divorce is pending. The court will also set a schedule for the Discovery process. During the discovery period, attorneys for both sides will gather evidence related to the issues in your divorce. In most cases, once all of the evidence is on the table, settlement will be encouraged once again. If settlement can still not be reached, the divorce may go to trial.

on Long IslandDivorce Trials in Suffolk County or Nassau County Court Can Be Stressful & Emotional

Undoubtedly, divorce trials in Suffolk County and Nassau County court are stressful and emotional. Attorneys on both sides will present the strongest cases possible for their clients, and this can be very difficult for both sides. Parties will have their character, motives, life choices, and abilities questioned and put at issue before the court. The trial will usually involve witness testimony, including that of family members and friends, and sometimes that of professionals such as forensic accountants, psychologists and private investigators. These witnesses are called to the stand and must honestly answer the questions that are asked of them. This can be very emotional for both the witnesses and the parties. Sometimes, the difficulty of the process leads to a settlement when a party simply does not want to deal with the court process any longer.

How Does Divorce Litigation End in Nassau County & Suffolk County, NY?

Divorce litigation comes to a conclusion once the judge has seen all of the evidence and heard all of the witness testimony. For issues of child support and spousal maintenance, the judge will consider the related factors and calculate the amount and duration of payments according to New York state law. For child custody matters, the judge will determine which outcome is in the best interests of the children, among other considerations. For matters concerning the division of marital assets, the judge will make a decision based on fairness, equity, and the principles of equitable distribution. Following the judge’s decision, a judgment of divorce is issued, and the divorce is considered finalized.

When is Divorce Litigation Necessary on Long Island?

With the help of our skilled Long Island divorce attorneys, the majority of our clients are able to reach a resolution with their spouses through mediation, collaborative divorce, or settlement. However, some clients find that it is too difficult to face their soon-to-be former spouses in mediation, or feel that the tension and difficulty only increases as time and negotiations go on. If you are in a situation where you think you and your spouse are “digging your heels in” on certain issues out of principle, or that you might even be moving further away from compromise than when your negotiations began, we will gladly discuss the pros and cons of divorce litigation in a Suffolk County or Nassau County court. It is important to consider whether you would rather have an impartial judge decide what is best for your family than continuing to work on finding common ground with your spouse. If you can say to yourself that a court proceeding could not be worse than the hostility or struggle you face in negotiations, then it might be time to consider proceeding with a divorce action.

What to Expect in Long Island Divorce Litigation

Divorce litigation has a reputation of being time consuming, stressful and expensive; however, these can often be managed with strategic planning and strong negotiations ahead of time. If you are truly unable to come to an agreement with your spouse, our experienced Long Island divorce attorneys will assist you in settling as many issues as possible, leaving all but the most contested issues in your divorce in order to minimize the impact of litigation. You should expect that, throughout the process, settlement will periodically be encouraged. Because divorce litigation can be lengthy and expensive on Long Island, it is best to seriously consider settlement opportunities. Understandably, especially with issues surrounding child custody, many feel that compromise or settlement is not an option.

Long Island Divorce Litigation CostDivorce Litigation on Long Island Can Be an Exercise in Patience & Endurance

Divorce litigation on Long Island is sometimes an exercise is patience and endurance. Our Family Law office will fully prepare you for the process so that you can feel informed and confident throughout the proceeding. We will also work closely with your witnesses so that everyone is prepared for the courtroom environment and process.

Many clients want to know how much it will cost and how long it will take. Unfortunately, the answer to this question can vary greatly from client to client depending upon the issues, complexity, your spouse’s direction and other attorneys involved. Our office provides free consultations, and will gladly discuss the likely costs based upon a review of your unique circumstances so that you can make an informed financial decision about whether to proceed to court.

Contact the Long Island Family & Divorce Law Office of Hornberger Verbitsky, P.C. for Help With Divorce Litigation in Suffolk County or Nassau County, Long Island

Although no one hopes to face the challenges often connected to divorce litigation, having a skilled divorce attorney thoroughly experienced in divorce litigation is key to avoiding the usual pitfalls involved and successfully navigating and overcoming many of the hurdles involved. You should feel a sense of confidence and clarity as you go through your divorce, and choosing the right attorney with the right experience can help you to achieve this state of mind. We will ensure that you are informed and prepared throughout the process, and that you feel confident you are in the good hands of skilled professionals. Contact our experienced divorce lawyers today at 631-923-1910 to schedule your free consultation.

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

 

Frequently Asked Questions About Divorce Litigation

What is Divorce Litigation Like on Long Island, NY?

Divorce Litigation is the term used to describe the court proceeding for divorce. It is generally an adversarial process between spouses when they cannot agree on the terms of their divorce. Litigation will usually involve communication between the attorneys for both spouses, filing of paperwork, sharing of financial and personal information, and conferences and hearings in court on the issues of the divorce. Divorce litigation means that both sides will present their cases to a judge, and that the judge will decide the fairest outcome.

When is Divorce Litigation Necessary?

When a couple can’t agree on how property will be divided, how child custody and visitation will be arranged, and whether there will be spousal support paid to one party, litigation becomes necessary in order for the court to determine the fairest way to set the terms of the divorce. Most people see divorce litigation as a last resort, only to be utilized when divorce mediation and negotiations reach a dead end and settlement cannot be reached.

How Does Divorce Litigation Begin?

The court procedure begins when one party files a Summons and Complaint in Nassau County or Suffolk County court. Copies of these papers are then served on the other party. The Complaint sets forth the party’s case for the divorce. On Long Island, it is at this point that an automatic restraining order is put into place that prevents both parties from transferring assets without court permission. The idea of this is to preserve the assets as they are so that the judge can determine how to fairly distribute them between the parties. Once the Summons and Complaint is served, the party it was served upon has the ability to file a response, known as an Answer, with the court.

What Happens During Divorce Litigation in Nassau County & Suffolk County Courts?

Once both parties have filed initial papers with the court, a process known as Discovery begins. Parties are required to make full financial disclosures with the court, and participate in depositions if necessary. There may be appraisals of the properties or businesses involved. Usually, parties will attempt settlement throughout the process in order to avoid reaching trial. Often, at least some of the issues will be resolved privately by the parties. Everyone is encouraged to participate in conferences. If not, the case will proceed to trial, during which each disputed issue will be hashed out in court.

What are the Benefits of Divorce Litigation on Long Island?

While divorce litigation has a reputation of being highly costly, time consuming, and stressful, in some cases it is still the best option. In fact, sometimes it is the only option. In some cases, spouses simply cannot come to an agreement on particular issues, especially when it comes to their children. Both might feel very strongly about child custody or visitation and this can become very difficult to agree upon. For other clients, litigation might be the best way to assert their claim to a greater share of marital property when a spouse is being obstinate or spiteful. The benefits of litigation versus other methods of reaching a divorce agreement will vary case by case.

Does Every Issue Need to be Decided before the Divorce can be Finalized?

Yes. All of the terms of your divorce must be decided before the divorce can be finalized. You must resolve issues of child custody, visitation, and support, as well as property distribution and spousal maintenance for your divorce to be final. Whether these issues are decided upon privately or in court, everything must be sorted out.

How Much does Divorce Litigation Cost on Long Island?

It is difficult to estimate how much divorce litigation can cost. It can range from a few thousand dollars to much more. The cost will depend upon the complexity of your circumstances as well as the ability of you and your spouse to agree on some of the issues. If all of the issues of your divorce are left to a judge to decide, it can become a very costly process as all the facts are discovered and set forth for the judge. Another important cost mitigating factor is to choose an attorney who is highly experienced in the field of matrimonial law. An experienced Long Island divorce attorney who focuses his practice in this area will be far more efficient than an attorney who only occasionally handles these types of cases.

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Robert Hornberger and Christine Verbitsky

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Jenny Allen
Jenny Allen
13:26 18 Jun 22
Mr. Hornberger was so helpful to me in a recent consultation. He gave me his time generously, listened patiently, offered clear counsel, and said I didn't actually need further legal services in a particular matter, which I really appreciated.
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Jenny Allen
Jenny Allen
13:26 18 Jun 22
Mr. Hornberger was so helpful to me in a recent consultation. He gave me his time generously, listened patiently,... offered clear counsel, and said I didn't actually need further legal services in a particular matter, which I really appreciated.read more
Elizabeth Martin
Elizabeth Martin
21:06 25 Jan 22
The team at Hornberger Verbitsky made me feel at ease after I retained them after a 3 year contested divorce process. I... like their approach with how they educate you on ways to get the best outcome in your divorce. Mr. Hornberger made me feel heard and was compassionate to my case while also being aggressive in the courtroom to help me get the most positive outcome. He prevented my case from having to go to trial and he closed the deal in my long drawn out emotional divorce. I was happy that I retained him and would recommend him to anyone that is going through a high conflict divorce.read more
rrezarta lekaj
rrezarta lekaj
20:47 24 Nov 21
Christine is truly the best there is. She is beyond professional, personable, genuine, extremely trusting, and has made... such a stressful and emotional time for my family and I easier to get through. Thank you so much from the bottom of my heart for your guidance, your support, and being there every step of the way. I would highly recommend Hornberger Verbitsky, P.C. to anyone that is in need for legal advice - you will be in the best hands.read more
Janine Martello D'onofrio
Janine Martello D'onofrio
21:00 02 Oct 21
Rob and Christine are the very best out there!I can not say enough about them. They both have helped me so much in... different matters throughout the last several years . They have gone over and beyond!I highly recommend this law firm !read more
Tara Tocci
Tara Tocci
20:59 17 Sep 21
I called to make an appointment for a consultation to discuss a mediated divorce, the office was fantastic with getting... me a prompt appointment. When going in all my questions were asked and I left feeling comfortable in my decision to move forward in using the Hornberger/Verbitsky office. Despite a pandemic going on the office still worked diligently to get my papers filed and my divorce complete in a timely manner. Highly recommend!read more
cristina romero
cristina romero
20:17 17 Sep 21
Hornberger Verbitsky, P.C were phenomenal in every way. Robert was very genuine, patient and professional. Walking in,... I had no idea what to expect but he went above and beyond to explain the entire process thoroughly. He guided and informed me of my rights. Patty was amazing, she answered every question I had no matter how many times I called, she was very understanding. I highly recommend Hornberger Verbitsky, P.C. Even if its just for questions on how to navigate this process.read more
Kerri
Kerri
16:57 17 Sep 21
Rob and his team are by far one of the greatest! Patty is amazing and will make sure all of your questions are... addressed and responded to. Rob and his team made a very tough time in my life as simple as possible. Rob is extremely knowledgeable and very empathetic. Patty was a pleasure to work with and I would recommend this firm to anyone that needs a great divorce attorney. Thank you for all of your help!read more
Angela Thearle
Angela Thearle
00:21 07 Aug 21
Hornberger law was the best choice I made when I needed to go to family court with my ex for custody of my children.... They were there at any time when I neeeded them. Going through a custody battle can be a huge emotional rollercoaster and very painful. They helped me through it and made it less painful and heartbreaking. And I got the outcome plus more than I expectedread more
Tammy Granville
Tammy Granville
11:49 04 Jul 21
Everyone was very professional. Never had to call to get an update on my case. Someone always updated me on a regular... basis.read more
LilMissPerfct Dessie
LilMissPerfct Dessie
06:46 11 Feb 21
I am a graduate of Norland English nanny college. I thank God every day that Mr. Robert Hornberger protected my clients... in the legal ways i could not. Children are a blessing not a blender to be fought over during some silly spat!read more
Anastasia R
Anastasia R
22:45 17 Dec 20
I went to see Rob for a modification for my child custody agreement to relocate, I can honestly say that working with... Rob and Christine has been the best experience. I cannot recommend them enough I only wish I had seen them sooner. They are prompt with communication, and they are honest which I appreciate so much. They do not give you fake promises and they do their best to fight for what you want which they do amazingly well! You can tell they are passionate about what they do and care about their clients. A very important aspect of lawyer client relationship for me is an open line of communication, the anxiety of the unknown always gets the best of us. The fact they were always available whether it be phone call or email to answer any question was extremely comforting and exactly what I needed. I am not well versed with laws and regulation so knowing I had Rob and his partners there when I was unsure or conflicted was extremely needed and greatly appreciated.When it comes to family court it's never easy but having Rob and his partner by my side I felt extremely comfortable and he helped me have realistic expectations. Please TRUST HIM!! If you're looking for a lawyer (at least for my end from child custody/Family Court) don't look any further you will not be disappointed. I hope to never have to use them again but in the event I have to, they are going to be my forever first call.read more
A Google User
A Google User
15:42 16 Sep 20
I hired Robert to handle a child custody and child support matter. He was prompt and professional and was able to... achieve a result that 3 prior attorneys could not. He and his staff made a stressful situation easy. I highly recommend his office.read more
Ann Masten
Ann Masten
17:48 12 May 20
I am a paralegal in an unrelated field of law. I phoned Hornberger Verbitsky, P.C. today intending to refer a client... to their office. Instead (and despite that we are the midst of the present crisis), Mr. Hornberger himself graciously accommodated my questions over the telephone, and was generous with his time and adroit in his response, saving our client a small fortune in unnecessary legal fees. I have not had any similar experience, in which counsel was so generous with his expertise, in 22+ years of interacting with prominent, local attorneys, and the client is overjoyed. Based on this experience, I would now whole -heartedly recommend this firm as trusted professionals to any client requiring a firm expert in family law and related legal issues.read more
Everett Roberts
Everett Roberts
14:30 18 Mar 20
Going through a divorce was very challenging and emotional. Searching for an attorney can be challenging as well when... you consider everything that is at stake. The choice I made to work with Rob Hornberger was surely the best choice available. His professionalism, expertise, and understanding made him and the entire team perfectly suited to achieve the outcomes I desired. Rob was always available to answer my questions and give me advice and legal considerations that affected my situation. The support I received from his staff was exemplary as well. The staff was courteous, kind, and also very professional. Thank you so much Rob and team for a worry free experience.read more
Annemarie Cusumano
Annemarie Cusumano
21:41 17 Mar 20
Being in family court especially when your children are on the line is extremely emotional and stressful but working... with Robert and Christine put me at ease and made the process as pleasant as a situation like that can be. I have a now 3 year old daughter (who is the most important person in my life) and I've been working with them for over two years since my daughter was 7 months old, the case has been up and down and through it all Rob and Christine have never given up. My original case was due to a neglect charge. Cps is not easy to work with, but Rob and Christine were vigilant and I ended up getting my daughter back within 8 months and did not have to plead guilty to the neglect. Currently I am in family court to figure out a custody agreement. They are professional, empathetic, and patient. They have always explained everything thoroughly, informed me of all my options and advised me of what my best option would be. They always respond quickly when I contact them with questions or concerns and most importantly they fight for me in court and don't give up even when things get rough. Before hiring Rob and Christine I met with other attorneys who did not make me feel confident or comfortable at all about my case, so I am very grateful to have found Rob and Christine and to be represented by such great attorneys. I highly recommend them for any family court matters and will definitely continue to use them in the future if needed.read more
Randi Gottlieb
Randi Gottlieb
18:47 03 Mar 20
Hornberger Verbitsky, P.C. - Mr. Robert Hornberger and his staff are beyond professional, they quickly gave me my... consultation appointment, and helped me with an after-Divorce issue. Mr. Hornberger was empathetic and explained to me what I should expect. Mr. Hornberger was extremely professional and advised me of my options, he helped me proceed with accurate and smart decisions. I wish I had Mr. Hornberger and his highly recommended staff when I was getting divorced. I would highly recommend Robert and his staff to anyone who is getting a divorce or in need of help with situations after the divorce!read more
Rob Spielmann
Rob Spielmann
22:15 27 Feb 20
They made our process so easy. They were there to answer and help with any questions that came up. Very friendly
Ashley Hubner
Ashley Hubner
20:30 14 Feb 20
Navigating my divorce was a challenging experience to say the least, but I was supported and guided every step of the... way by my attorney, Robert. With the daunting task of hiring a divorce lawyer, I knew I would need someone with the right combination of knowledge, compassion and integrity. Robert has a strong background in family law, sincere character and direct communication to be superior to the others. He and his staff were professional and caring. I always felt I was in good hands. I highly recommend the Law Offices Hornberger and Verbitsky for the legal expertise, compassion and understanding of the many complex facets associated with divorce.read more
Thomas Livingston
Thomas Livingston
21:31 26 Jan 20
Robert and Christine are the epitome of professionalism. They helped us with the purchase of our new home. They were... efficient, dedicated, and focused on making our closing as seamless as possible.read more
Sheila Vasata
Sheila Vasata
23:35 14 Jan 20
Robert Hornberger has been a friend of mine and my family for years. He has helped us all in ways that are too... numerable to mention. I went through a divorce that I don’t think I could’ve done if I didn’t have Robert by my side. He is vivacious, motivated, knowledgeable, and has an extreme desire to succeed and excel...and he does! He goes over and above for all of his clientele. I would recommend his law firm to anybody who is looking for a Great Lawyer with integrity!read more
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