What to Expect During the Divorce Process In Suffolk County, NY
Divorce is one of the most traumatizing experiences a couple can go through, perhaps only second to bereavement. Even if a relationship is irreparably fractured, the prospect of calling it quits always carries a significant amount of dread.
However, there comes a time in relationships when letting go makes more sense than holding on. During such moments, working with a seasoned divorce lawyer can lighten the emotional burden of separation and accelerate your healing from the ordeal.
Divorce attorneys perform several critical functions, including interpreting clients’ rights and negotiating settlements. The attorney will also represent your interest throughout the divorce to ensure the most favorable outcome.
Here’s what to expect when undergoing a divorce process in Suffolk County, New York.
Understanding When to Contact a Divorce Lawyer in Suffolk County
Suffolk County has no shortage of family law attorneys who specialize in divorce cases. However, knowing when to contact a Suffolk County divorce lawyer is paramount.
Ideally, you’ll require legal representation when the divorce is acrimonious.
Divorces are extremely difficult moments, and emotions are bound to run high. If your spouse has suddenly become violent and you no longer feel secure in their presence, that’s your cue to contact a divorce lawyer immediately.
It’s also best to reach out to a divorce lawyer in Suffolk County if your spouse is uncooperative. This is particularly recommended where complex family dynamics are challenging, such as child custody or property division.
Whether your partner is threatening to backtrack on a prenup agreement or they’re no longer willing to discharge their spousal responsibilities pending the determination of the divorce, working with a lawyer can help defend your rights.
Do I Need A Lawyer For No-Fault Divorce?
A no-fault divorce is one where couples opt to end their union without needing to allege or prove that either partner is to blame for the unfortunate turn of events. The opposite is a fault-based divorce, which is premised on proving wrongdoing.
It’s imperative to contact a divorce lawyer despite the nature of your separation, regardless of whether the other party has already filed for divorce or is unwilling to go the legal route.
Establishing the Merits of Your Case
While marriage is a companionship of consensual adults, you cannot simply walk out of the union. Cases abound where a judge declined divorce requests.
So, after engaging a divorce attorney in Suffolk County, the lawyer’s first order of business will be to establish if your case has merit.
All divorces filed in Suffolk County must meet two critical requirements: minimum residency conditions and sufficient grounds.
To meet the residency requirements, the petitioner must demonstrate that they or their spouse has been a resident in New York State for at least two consecutive years. A one-year residency duration may be considered if the petitioner got married in New York and/or the grounds for separation occurred within the state.
Some of the grounds for divorce in Suffolk County, NY, include;
* Irretrievable relationship breakdown for at least six months (which often results in a no-fault divorce)
* Continuous abandonment for at least one year
* Imprisonment of a spouse for at least three consecutive years
* Inhuman treatment that occurred within the previous five years, including physical or mental cruelty
* Sexual infidelity
* Divorce following a legal separation agreement or ruling
Determining If the Divorce Is Contested
A contested divorce is where one party disagrees with one or multiple aspects of the divorce. The bones of contention may include child support, custody, alimony, or asset division.
Your spouse may challenge the very idea of ending the union.
Contested divorces are inherently acrimonious. Fortunately, your Suffolk County divorce attorney can help you navigate the raw emotions and provide the much-required legal representation.
Interpreting Key Issues in the Divorce
Divorce isn’t all about calling it quits and going your separate ways. Depending on your marriage, there may be several complex issues to demystify. Examples include;
1. Asset Division
In many divorce proceedings, property division is usually the elephant in the room. Suffolk County divorce laws require the equitable division of marital property on divorcing partners.
Note that “equitable” means fairly rather than a 50/50 split. The courts may award a spouse up to 90% of the assets, considering their existing financial obligations.
2. Child Custody
Suffolk County divorce laws apply equal treatment to the parents when making child custody determinations, prioritizing the child’s welfare.
However, couples must agree on a workable child custody arrangement that includes physical residency and visitations.
3. Child and Spousal Support
Both couples are entitled to child support. However, the child must be under 21 years old and not married or financially self-reliant.
Similarly, depending on their income level and financial obligations, either partner may be entitled to spousal support. Note that the lower-earning couple doesn’t automatically qualify for spousal support.
Also, like child support, spousal support arrangements can be revised based on the changing fortunes of the parents.
The Bottom Line
The role of a divorce lawyer in Suffolk County cannot be overemphasized.
Divorce attorneys can help prepare and review the legal paperwork pursuant to local divorce laws. That entails reviewing prenuptial agreements, analyzing evidence (in the case of fault-based divorce), and filing divorce summons.
Your Suffolk County divorce lawyer will also help to negotiate a fair settlement with regard to child support, spousal support, and asset division. Besides, the attorney will provide legal representation during the proceedings, necessary to accelerate your emotional recovery.
Expectedly, extreme caution is critical when searching for a divorce attorney in Suffolk County. Seek out a locally-based law firm with a stellar record of litigating divorce cases.