Long Island Divorce Attorneys

Litigation

The traditional way to resolve an adversarial divorce is to litigate in court. Our Long Island attorneys are highly skilled in divorce litigation and know how to approach every family legal issue that you seek to bring up in court.

Some common divorce disputes that are brought up in trial include:

• child custody and parenting time;
• child support;
• alimony/spousal maintenance;
• property division.

In litigation, your lawyer will represent your interests before a judge, whether that be arguing for possession of the marital home or any investment assets or custody issues. The judge will hear both spouses’ sides and order a final determination based on both spouses’ respective positions  most importantly, the child’s best interests. The court’s determination will be legally binding, and both spouses are expected to comply with the judge’s final orders.

Collaborative Law

Litigation is not the default method for settling a divorce, however. At Berkman Bottger Newman & Schein, we specialize in alternative dispute resolution methods as well, including collaborative law. Rather than doing mediation, negotiation, or going straight to litigation, you and your divorcing spouse may consider the collaborative law process, where each spouse is represented by a collaborative lawyer in face-to-face meetings to address the issues they need to resolve. In this collaborative process, both parties will all work together to craft a mutual final agreement that attempts to serve both parties’ best interests. Note that if either spouse wants to go to court, the collaborative process ends.

The collaborative process is often favorable for spouses who are willing to communicate and compromise, and the non-adversarial nature allows them more room to negotiate the outcome they want, rather than deferring to a judge’s default decision. This is one way for spouses to openly discuss their needs and interests and integrate that into an agreement drafted by their attorneys.

Mediation

Similar to collaborative divorce, mediation is also an alternative dispute resolution method for spouses to settle an agreement outside of court. In mediation, spouses will meet and discuss their interests and needs, such as the custody and parenting time arrangement they both want, spousal and child support, and how they will divide their marital property. Mediation will be facilitated by a trained third-party mediator, whose purpose is to guide the conversation towards a productive path. The mediator has no decision-making authority and serves only to facilitate negotiation and help both parties come to the final agreement, which will be drafted and sent to the court for approval. 

Mediation is a good way for spouses to retain their decision-making power for their own future, as they can openly discuss between themselves what they seek, rather than having a court issue a final (and sometimes impersonal) decision. Note that it is possible for spouses to settle some but not all matters in mediation, though in such a case the rest of the disputes can be resolved through litigation.

When you want to divorce your spouse, you can say that your marriage is “irreparable” and not get into the specifics of it, which is commonly referred to as “no fault” divorce. However, there are other types of grounds upon which you can seek a divorce. You can discuss these potential grounds for divorce with our Long Island divorce lawyers to see if any should be mentioned.

New York recognizes seven legal grounds for divorce, including:

1. Irretrievable breakdown of the relationship that has lasted at least six months prior to commencement of the action.
2. Cruel and inhuman treatment.
3. Abandonment for at least one year.
4. Spouse’s imprisonment for at least three consecutive years.
5. Adultery or infidelity while the spouses were together.
6. Legal separation for at least one year.
7. Forced separation for one year by order of the court.

New York also has residency requirements that must be met before a divorce can be approved by the court. You or your spouse must have lived in New York for at least two years before the divorce case can begin, or you and your spouse must be residents of New York when filing for divorce and the grounds for divorce happened in the state. Other residency requirement options do exist, and we would be happy to tell you about them as we start your case.

A divorce can be uncontested or contested, depending on how the non-filing spouse responds. A divorce is uncontested when the non-filing spouse agrees with all terms of the filing. A divorce is contested if the non-filing spouse disagrees with one or more terms..

When a divorce is contested, it does not mean that the case will head to trial. Matters can still be settled between the two spouses through negotiations and other alternative dispute resolution methods such as mediation.

Before your divorce progresses, you should connect with our Long Island divorce attorneys for help. The attorneys at Berkman Bottger Newman & Schein are experienced advocates and guide our clients through one of life’s greatest transitions, You will find that there are significant benefits to retaining experienced counsel.

When you hire our divorce attorneys, you will appreciate these benefits:

• Advanced legal knowledge: A divorce case can quickly become complicated, especially if the divorce is contested. With our attorneys working on your case, you benefit directly from our legal knowledge and practice experience.
• Trial preparation and representation: In case there is a chance that your divorce will go to trial, you will be well prepared for it by putting us in charge from the start. Our representation is effective and strategic both in and out of the courtroom. Being prepared with strong trial attorneys often helps settle cases.
• Reduced stress and worries: The main reason that people come to our law firm first is that they want to reduce the stress of their divorce. We are here to provide strong legal counsel and meaningful support throughout the process.

Does it matter who files for divorce first?

No, who files first in a New York divorce is typically not important. The other spouse has an opportunity to respond and negotiate changes, so the terms proposed in the initial filing are not set in stone.

How do I start the divorce process?

Technically, the first step of divorce is filing the papers with the appropriate County Clerk’s Office, which our attorneys will identify for you. Once it is filed, your spouse will be served the divorce papers, and the case will progress from there. However, a divorce really starts when you decide to end your marriage and first talk to our lawyers about how to prepare the initial filing.

How long does a divorce take?

There is no guarantee how long a divorce case will take to conclude. Every case is different, so each progresses uniquely. When we are working on your case, we will do everything that we can to avoid preventable delays. We keep you informed on the process and advise you throughout.

How much does it cost to file for divorce in New York?

The total court filing fees for a divorce in New York are $335 (a $210 index number fee plus a $125 note of issue fee). Additional legal and court fees may also apply. We strive to keep the cost of our services competitive and transparent.