Divorce Lawyer on Long Island, NY

What to Know About New York Divorce

Divorce is a complicated area of family law, and you may have many pressing questions as you begin and navigate the process. Below, we provide information you need to know about divorce in New York. Read on and reach out to our office to discuss specific questions about your situation. 

Uncontested vs. Contested Divorce 

You and your spouse could speed up and simplify the divorce process if you agree on a few key things. This process is called an “uncontested divorce.” 

To qualify for one, you must:

• Want to get a divorce
• Agree on how to handle child custody/support, property division, and financial matters

On the other hand, you must seek a contested divorce if either you or your spouse:

• Do not want to get a divorce
• Disagree about the grounds (legal reasons) for the divorce 
• Disagree on how to handle child custody/support, property division, and financial matters

Uncontested divorces only require you and your spouse to submit a divorce agreement with the proper forms and documentation. A contested divorce could involve multiple court appearances to settle disputes. 

Do You Need a Lawyer for an Uncontested Divorce?

For uncontested and contested divorces, hiring a lawyer is advisable. Yes, even if you agree on all your divorce’s terms, having an attorney is beneficial. In uncontested divorces, a lawyer like ours at Treglia Law can review your divorce agreement and guide you through the legal processes, ensuring your agreement is fair and helping you avoid mistakes. 

What Is the Difference Between Marital & Separate Property?

Property is considered “marital” if you acquired it during the marriage. Separate property is anything you or your spouse owned before the marriage. 

It also includes:

• Inheritances
• Gifts
• Compensation for personal injuries
• Property acquired after the start of a divorce

Who Will Get the House in Divorce?

New York is an equitable distribution state. This means its courts will not simply divide property 50/50 in divorce. Instead, they will account for various factors to determine what kind of division would be fair. 

What equitable division looks like when it comes to houses is complex. Neither you nor your spouse will automatically get ownership of a family home. Courts will often look at your parenting situation and may be inclined to award the home to the parent with physical custody of your child or children. 

Should a court award the home to you or your spouse, they will apportion other assets to the person who does not receive ownership to make things equitable. Dividing property is an extremely sensitive and difficult matter, making the assistance of a divorce lawyer crucial. 

What Can a Divorce Lawyer Do for You?

Our Long Island divorce lawyer strives to do five key things for every client she represents. For many, these things have made all the difference in their divorces. 

If you hire our lawyer, she can:

Encourage a Collaborative Approach 

Our attorney encourages parties to work together to find solutions that benefit everyone involved. She can help you identify common goals, prioritize issues, and facilitate productive communication. This collaborative approach could allow you to avoid lengthy court battles, reduce stress, and minimize costs. 

Provide Legal Advice & Guidance

With direct access to our lawyer, you can get timely information about your legal rights and obligations, how relevant laws impact your situation, and the implications of your decisions. 

Negotiate on Your Behalf

Divorce negotiations are challenging, especially when emotions get high. Our attorney can step in and negotiate for you. Doing this may reduce the risks of arguments or confrontations between you and your spouse. It can also keep communication open and productive, which is essential for reaching a fair resolution. 

Help You Focus on the Future

It is easy to get caught up in the moment during divorce. Our lawyer will help you focus on the future and consider the long-term implications of your decisions. She will work closely with you to create a plan that accounts for your and your family’s goals and interests. 

With this future-forward approach, you may achieve a resolution that does not just give you short-term “wins.” Instead, it can benefit you long after the divorce is over. 

Provide Emotional Support

Our attorney and firm staff are prepared to support you at every step of your divorce. We can act as a sounding board, providing advice on how to cope with the emotional toll of divorce and referring you to therapists, support groups, and other resources if needed.