Nassau County Divorce Lawyers

Marriage is a leap of faith, a step into the unknown, and a mutual decision to embark upon life’s journey together. Unfortunately, life doesn’t always proceed as we expect, with countless intervening variables that are impossible to anticipate or control. When you choose to dissolve your marriage, you make another significant decision, no less frightening than the first, with the potential to help or hinder you as you move forward toward a new life. With divorce comes questions, both immediate and pressing, such as: how will I protect and provide for my children, maintain my lifestyle, receive the assets to which I am entitled, and plan for my financial future? Although this process may seem daunting, you can proceed with the confidence, support, and guidance of a team of Long Island divorce lawyers dedicated solely to resolving these issues in a way that suits your unique goals and priorities. Contact Sklavos Law Group, PC for comprehensive representation today.

Divorce Lawyers on Long Island, New York

Here at Sklavos Law Group, PC, we understand that divorce and other family law matters are often the most significant and personal an individual will ever face. This is why you have our pledge to effectively and compassionately represent your interests, every step of the way. For a team of Long Island divorce lawyers you can depend on, simply contact us today.

Is My Divorce Contested or Uncontested?

“Uncontested divorce” effectively means an action where the parties agree to be divorced and have resolved the surrounding issues. The parties either agree immediately before going to a lawyer or lawyers, or agree after a short period of negotiation. It is extremely important that both parties fully disclose all of their assets. Lack of full disclosure can be grounds for overturning a finding of divorce.

Typically, the parties agree that they wish to be divorced and they visit a lawyer. It is very important that each party is represented by independent counsel. One lawyer cannot represent two parties in this proceeding. If both parties wish to hire only one lawyer, the lawyer cannot take sides and cannot advocate for one party. Going forward, the parties enter a settlement or separation agreement which is signed and acknowledged in the form that would entitle it to be recorded as a deed. One year later (in the case of separation) either party may conform the agreement to a divorce.

Uncontested divorces can also come out of divorces that were initially contested. If a spouse files a Summons and Complaint for divorce against another spouse, and the parties agree on all of the issues, a stipulation can be signed placing this matter on the uncontested court calendar.

Fault-Based Vs. No-Fault Divorce in NYS

New York State recognizes both fault-based and no-fault divorces, providing options depending on the circumstances of the marriage and the goals of the divorcing parties. Understanding the differences between these two categories is essential to making an informed decision about how to proceed.

No-Fault Divorce

Since 2010, New York has been a no-fault divorce state, meaning that a spouse can file for divorce without having to prove wrongdoing by the other spouse. Instead, the filing party must simply attest that the marriage has been “irretrievably broken” for a period of at least six months. This approach removes the need for contentious litigation over fault and allows couples to focus on resolving the practical aspects of divorce, such as property division, child custody, and spousal support.

A no-fault divorce is often the preferred choice because:

• It reduces conflict and promotes cooperation.
• It typically leads to faster and less expensive divorce proceedings.
• It allows both parties to maintain privacy regarding personal matters.

Fault-Based Divorce

In contrast, fault-based divorce requires one spouse to allege and prove that the other spouse’s actions caused the breakdown of the marriage. New York law recognizes several grounds for fault, including the following:

• Cruel and inhuman treatment: Behavior that endangers the physical or mental well-being of the spouse, making it unsafe or improper to continue the marriage.
• Abandonment: One spouse deserts the other for a period of at least one year.
• Adultery: Proof that a spouse engaged in an extramarital affair.
• Imprisonment: A spouse is confined to prison for three or more consecutive years.
• Living apart under a separation agreement: If the couple has lived apart for at least one year under a valid separation agreement or decree.

While fault-based divorces can provide a sense of vindication or strategic leverage in certain situations, they are typically more adversarial, costly, and time-consuming. Additionally, proving fault requires substantial evidence, which can prolong proceedings and add emotional strain.

Unless there are specific circumstances that make a fault-based divorce advantageous—such as the potential for a more favorable outcome in asset division or custody disputes—opting for a no-fault divorce is generally advisable. It streamlines the process, minimizes acrimony, and allows the parties to focus on creating a fair and equitable resolution.

The Divorce Process in New York State

The divorce process in New York involves several steps. Whether you’re filing for an uncontested or contested divorce, a rough outline of the process is as follows:

1. Filing the Initial Paperwork: The process begins when one spouse (the plaintiff) files a Summons with Notice or a Summons and Complaint with the Supreme Court in the county where they reside. This document notifies the other spouse (the defendant) of the intent to seek a divorce.
2. Serving the Papers: The plaintiff must serve the divorce papers on the defendant within 120 days of filing. Service must be performed by someone over the age of 18 who is not a party to the case, and proof of service must be filed with the court.
3. Defendant’s Response: The defendant has 20 days (30 days if served outside of New York) to respond. If they agree to the divorce and its terms, the case may proceed as uncontested. If they dispute any issues, the divorce becomes contested, requiring further legal action.
4. Discovery Process: In a contested divorce, the discovery phase begins. Both parties exchange information about their finances, assets, and liabilities. This step is essential for determining equitable distribution, spousal support, and child support.
5. Negotiation or Mediation: Many divorces are resolved through negotiation or mediation, where both parties work toward a mutually agreeable settlement. Issues such as child custody, visitation, property division, and support are addressed. If an agreement is reached, it is formalized in a settlement agreement.
6. Court Proceedings (If Necessary): If negotiation or mediation fails, the case may proceed to court. Each party presents evidence and arguments before a judge, who will make decisions on unresolved issues.
7. Finalizing the Divorce: Once all issues are resolved—either through agreement or court order—the divorce is finalized. The judge signs a Judgment of Divorce, which officially dissolves the marriage. Both parties receive a copy of the judgment for their records.
8. Post-Divorce Matters: After the divorce is finalized, there may be additional matters to address, such as modifying custody arrangements, enforcing support orders, or dividing retirement accounts. With the support of skilled legal counsel, you can navigate each stage of this process efficiently and with confidence, ensuring that your interests and those of your family are protected.

Contact Our Divorce Lawyers in Nassau County

Don’t go through a divorce alone. Here at Sklavos Law Group, we understand just how emotional and complicated the process can be, which is why our Long Island divorce lawyers stand ready to effectively guide you through it every step of the way. No matter how contentious or complex your divorce is, you can depend on us to effectively represent you. We proudly serve clients throughout Long Island, including in Nassau County and Suffolk County, from our Jericho office. Contact us today.