A divorce severs a marriage.  It often involves child custody, child support, spousal maintenance and asset distribution.   

To file for divorce in New York, you must first have jurisdiction of the court.  In general, either party must have resided in the state for one year prior to the commencement of the action, provided that other criteria are met.

Grounds for divorce are the legal basis upon which the divorce may ultimately be granted.  The “no-fault” ground of irretrievable breakdown in relationship is the most common.  There are other fault-based grounds such as cruel and inhuman treatment, abandonment and adultery.  However, the no-fault ground is the most expeditious and cost effective.

In an uncontested divorce, the parties agree to resolve all the matrimonial issues in advance.  A written settlement agreement is signed by the parties, and submitted to the court, along with other necessary documents.

In a contested divorce there is some dispute regarding children or financial issues.  This is not unusual, particularly in marriages of longer duration.  Court conferences and discovery will be conducted to establish the parties’ respective legal rights.  Experts may be appointed to conduct appraisals or forensic evaluations.

During this time, negotiations will occur with a view towards settlement.  Many contested matters are eventually resolved amicably without the need for trial.

Divorce Attorney Philip A. Kusnetz, Esq., serving Garden City, NY

High net worth cases involve substantial assets such as businesses, real estate and investments.

High conflict cases are emotionally charged and acrimonious.  This may rise to the level of domestic violence.

The court will award property in a divorce action based upon the principle of equitable distribution.  Equitable means fair and does not necessarily mean equal distribution.  In general, separate assets tend to stay separate with certain exceptions.

Contact Experienced Long Island Divorce Lawyer Philip A. Kusnetz, Esq., serving Garden City, Great Neck, Manhasset, Port Washington, Roslyn, Syosset and more (516) 368-2484.