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The Ultimate Guide to Navigating Divorce on Long Island, NY

by | Apr 30, 2024 | Divorce Long Island, NY, Divorce Lawyer Divorce Attorney, NY

Every divorce is different, but in terms of the legal proceedings, there are some commonalities that run through each case. Whether or not your divorce is contested or uncontested, it is crucial to understand the process of filing for and finalizing divorce on Long Island, NY. This guide will share some of the most important strategies, tips and tricks to ensure your divorce process goes as smoothly as possible.

6 Tips for a Successful Long Island, NY Divorce

Navigating divorce on Long Island, NY can be challenging, but these six tips from our experienced team of divorce lawyers, can set you up for success.

#1: Consider Your Options

Married couples have three legal options to begin to end their marriage in New York: legal separation, annulment, and divorce. Legal separation is not the same as physical separation, and it addresses many of the same issues that standard divorce proceedings do (including finances, custody, and property). However, the couple remains legally married.

Why consider legal separation? If one spouse is not a U.S. citizen, divorce could risk deportation. Other couples opt for legal separation due to religious reasons. There are financial benefits as well, such as keeping health insurance and filing taxes jointly. If none of these factors influence you, however, a more typical divorce might be the right choice.

#2: Decide Whether You Need a Contested or Uncontested Divorce as Early as Possible

There are essentially two types of divorces in New York: contested and uncontested. In a nutshell, an uncontested divorce can occur when both spouses want to get a divorce and fully agree about child custody, finances, and property distribution after the divorce. While most divorces in New York state are contested, uncontested divorces typically do not require litigation. That said, even if you and your spouse are in full agreement on the terms of your divorce, it’s important to hire an experienced divorce lawyer to represent you. Divorce agreements are complex, legally binding documents that can have far-reaching consequences for you and your family for years to come. Only an experienced divorce attorney will know and understand all the myriad of questions to ask and issues to address to ensure you and your family are fully protected and you are not blind-sided by some unforeseen circumstance in the future.

If you do need a contested divorce, that means that you and your spouse either disagree on the desire to get a divorce; the grounds for the divorce; or what will happen to your children, finances, or property after the divorce. If your divorce is contested, we highly recommend that you find an experienced divorce lawyer to represent you as soon as possible. Contested divorces can become fraught with issues and contentious quickly and it’s best to have qualified representation before you unwittingly create more problems for yourself that can’t be undone.

#3: Think About Child Custody Arrangements

If you and your spouse share children, it is important to think about how you will manage custody after your divorce takes place. There are two types of child custody in New York: physical and legal. Legal custody refers to the right to make major decisions about your child, whereas physical custody refers to whom the child lives with on a day-to-day basis.

Judges will account for numerous factors in their custody decisions, including who has been the primary caretaker previously, the quality of each parent’s home environment, and more. The guiding principle in child custody decisions in New York state is “the best interest of the child”. If you want to gain (or regain) custody of your children, it’s important to ensure you will have a safe and stable home environment in which they can live.

#4: Determine Your Net Worth

One of the most contested issues in Long Island, NY divorces is finances: who will pay or receive spousal support, how property will be divided, what to do with joint savings accounts, debts, retirement accounts and more. Before getting divorced, it is a good idea to determine your net worth so that you have an idea of where you stand financially. This will also help your attorney and the court negotiate appropriate payments.

#5: Ensure Your Safety After Filing for Divorce

In situations involving abuse on Long Island, NY, your and your children’s safety must come first. If you are concerned for your safety, you should file for an Order of Protection to keep your spouse away from you and your children, if you have them. This extends to not only physical violence but also emotional, verbal, sexual, and financial abuse. Taking steps to protect yourself as you file for divorce is essential, and you must make this your first priority.

#6: Choose a Trusted, Experienced Divorce Lawyer to Represent You

As you navigate a contested divorce on Long Island, NY, legal representation is essential to ensuring that you and your best interests are protected. It is crucial to select an experienced divorce lawyer, like our team at Hornberger Verbitsky, P.C., who has handled thousands of cases like this before. You need an ally to look out for your interests, and that is the role of your divorce lawyer.

Choose Hornberger Verbitsky, P.C. When You Need Trusted Legal Advice for Your Long Island, NY Divorce

As you navigate divorce on Long Island, NY use these strategies to help you achieve a successful outcome for your family. For a more comprehensive guide, download our free e-e-books, “New York Divorce Guide” and “Successful Divorce Strategies”. When it comes to Long Island, NY divorce, our team has seen it all and developed strategies to ensure your rights are protected now, and in the future. Contact us to learn more about your legal options or book a free initial consultation to discuss your case in detail. Call now at 631-923-1910 or complete our short contact form, and we’ll get in touch with you to schedule your case evaluation.

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There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation. All Fields Are Required

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About the Author

Robert E. Hornberger, Esq., Founding Partner, Hornberger Verbitsky, P.C.

  • 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
  • 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
Divorce Lawyer Long Island New York
Melissa Rappa
Melissa Rappa
18:09 08 Feb 24
At one of the hardest and most stressful times of my life, it was so comforting to have a team at Hornberger and Verbitsky who ALWAYS responded in record speed to my questions, phone calls, emails or texts and who I felt really cared about helping me through this difficult time. It was a long few years and I am grateful to all of you. Thank you so much Rob, AnneMarie, Christine, Patty, Joan and Lawrence. Your guidance, professionalism and expertise is appreciated beyond measure.
Paul Carmichael
Paul Carmichael
16:21 11 Dec 23
I would give 6 stars if I could. I can't say enough good things about Robert and his firm. We were in a situation for over 2 years and I could have never made it through without Robert's experience and knowledge. He guided me through tough times when needed and his expertise could "read" the situation and make the next best move for me. He was tough when he needed to be tough (thankfully) and at the same time guided me through the process to make me feel comfortable in an uncomfortable situation. I would not want to go through this process without Robert and his team having my back. he helped move the case along and not waste any time or money. One last time, I 100% endorse Robert and his expertise.
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