Looking for a divorce lawyer in Suffolk County? Call Shawn Kassman, Esq at 631-232-9479 to speak with an experienced divorce lawyer in Suffolk County about your divorce matter. http://www.centralisliplawyer.com/SuffolkCountyDivorceLawyer.php
We are a Suffolk County Divorce Lawyer handling a variety of Divorce and Family Court cases throughout Long Island, New York. The law office of Shawn Kassman asists clients in contested and uncontested divorces. For any Divorce whether contested or uncontested for the divorce to be finalized by the Courts all issues must be resolved including division of property, child support, custody.
In New York to start a divorce action whether the matter is contested or uncontested you must first purchase an Index number. A summons and complaint needs to be filed with the court to commence a divorce action with an Index number. If the divorce is going to be contested then the next step is usually to have a process server serve the summons and complaint to the opposite spouse. The reason for serving the opposite spouse is so that the court can retain jurisdiction over the parties. If the divorce is going to be contested the parties will go to Supreme Court for what is called a preliminary conference. At the preliminary conference court date paperwork will be filled out that the court will sign that will establish the time frame for the case to proceed upon. Additionally some things are agreed to that are not necessarily in disputeso that the court knows what is at issue that the parties do not agree upon. Also if there are children and there was no agreement to custody a law guardian will be appointed to the case which is a lawyer for the children. Also at the pulmonary conference date if there is a marital residence or pension it is agreed upon to have these evaluated for the value.
If you do not know where your spouse is living you can still get a divorce however it is more involved. All avenues need to be shown to the court that have been attempted to locate the spouse called a due diligent search. Call the law office of Shawn Kassman if you need assistance with a divorce and you do not know where your spouse has relocated to.
Your spouse must respond to the divorce petition within 30 days. If your spouse does not, he or she will be in default, and you may obtain a default judgment. Otherwise, your case will enter the discovery and settlement stages.
In New York there are 2 ways to get a divorce. Contested and uncontested divorces.
A Contested Divorce is one in which the husband and wife cannot come to an agreement on all of the issues related to the termination of their marriage. When the couple cannot agree, even with the aid of lawyers, they must ask the court to decide.
Contested divorces are common because numerous issues need to be worked out between divorcing couples, including:
•Allocation of Debts
•Division of Property and Assets
Uncontested Divorces are when a husband and wife agree to all of the terms of their divorce and all the papers are signed out of court. No court appearances are necessary. After the parties signed all of the necessary documents and the documents are submitted to the court. The parties are divorced within 3 to 6 months. The process involves the judge signing a judgment of divorce that is submitted as part of the divorce packet by the attorney. Typically in an uncontested divorce proceeding only one party is required to hire an Attorney. The Attorney can only represent one of the individuals.
In either situation whether the matter is a contested or uncontested grounds need to be established. The most common grounds for a divorce is now irreconcilable differences. Where one party will allege there have been irreconcilable differences for more than 6 months. There are other grounds for a divorce however they are much more difficult to get a divorce if the parties are not in agreement and one party wants a divorce and the other may not.
We understand that this is a difficult time for individuals whether you are the husband or wife this is never an easy situation to be in. There is never a winner or a loser in these type of proceedings. We regularly appear in the courts in Long Island. Typically we will have you fill out an intake document and will meet with our client’s to discuss what the parties are in agreement to in the divorce and discuss what is not agreed upon.