Suffolk County Divorce Lawyer
Divorce Lawyer Long Island New York
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:
- Child Custody
- Child Support
- Child Visitation
- 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. This can be a very long process if the matter is contested and very emotional and upsetting.We are very straightforward and do not promise things that are not obtainable. Unfortunately when one spouse tries to cheat the other hand is not reasonable is when these matters are contested. The laws of very clear with division of property any property that has been accumulated during the marriage regardless whose name the property name is in is marital property. The main issues for contested divorces are when there are children and there cannot be an agreement on child support and custody.If the matter is contested and court intervention is required it can take many months if not years and many court appearances before the divorce is either settled or a trial is required. At the trial the judge will hear testimony and will make a decision on what the parties cannot agree upon themselves.
Located in the heart of Central Islip, the Law Offices of Shawn R. Kassman provides quality representation to men and women throughout Long Island, New York.
To speak with Shawn Kassman or an associate attorney about your contested divorce and uncontested divorce matter, please call 631-232-9479 (toll-free 1-888-545-2944).
Contact Experienced Divorce Attorney Shawn Kassman
If you have a Divorce related questions, or want more information about a Contested Divorce or Uncontested Divorce, please call attorney Shawn Kassman or a member of his legal team at 631-232-9479 (toll-free 888-545-2944) or fill out our online intake form. We are a Suffolk County Divorce Lawyer located in Central Islip New York. We are available 24 hours a day, 7 days a week.