Divorce Law

In New York, parties must establish one of six grounds for divorce.

• Abandonment
• Adultery
• Confinement to prison
• Cruel and inhumane treatment
• Living separate and apart pursuant to a separation agreement
• Living separate and apart pursuant to a separation decree or judgment of separation

If there is no prenuptial agreement, the parties are each entitled to 50 percent of the assets accumulated during the marriage, regardless of whether the assets are in one spouse’s name or in both spouses’ names. As long as the parties accumulated the asset during the marriage, each party is entitled to half. Assets include pensions, bank accounts and real estate.

Contested Divorce

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 a divorcing couple.

• Alimony
• Allocation of debts
• Child custody and support
• Division of assets and property

Shawn Kassman will interview you thoroughly and gather all documents pertaining to marital assets, your children and any other issues you feel are pertinent. He will discuss the property division, prepare your divorce petition and file it with the court.

The petition then will be served to your spouse in person, by mail or by a deputy sheriff. If you cannot locate your spouse, a notice will be published in local newspapers, and you will wait a predetermined amount of time before moving ahead with the divorce.

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.

Discovery

The discovery phase allows spouses to obtain detailed information from each other about marital assets, income, custody and any other relevant issues. Information is gathered through written interrogatories, document requests and depositions. During discovery, the spouses may request temporary orders for child support or alimony.

Settlement

Judges encourage spouses to reach an agreement before the final court date. The judge may order the spouses to go to mediation, in which a third party attempts to help them negotiate unresolved issues. If the spouses are unable to come to an agreement, the discovery phase will continue and the case scheduled for court.

Trial

During your divorce trial, each side will call witnesses, cross-examine the other side’s witnesses and make closing arguments. The judge will hear both sides and make a decision regarding all issues.

Uncontested Divorce

A uncontested divorce is one in which the husband and wife agree on all of the issues related to the termination of their marriage. The divorce will be granted without the parties appearing in court.

Your lawyer will prepare documents that are signed by the parties and submitted to the court for a judge’s review. This does not necessarily mean that the divorce is amicable but simply that all disputes were resolved outside of the courtroom. This type of divorce is quicker and less costly than a contested divorce and allows the parties to end the marriage quietly and with dignity.

If you would like to discuss your divorce, please call Shawn Kassman or a member of his legal team at 631-232-9479. We represent clients located in Central Islip (main office location), Holtsville (office location), Bayshore, Brentwood, Oakdale, Sayville, Port Jefferson and Riverhead and both Suffolk and Nassau counties.