Long Island Divorce Attorneys

Litigation

The traditional way to resolve an adversarial divorce is to go to trial. Our Long Island attorneys are highly skilled in divorce litigation and know how to approach every family legal issue that you seek to bring up in court.

Some common divorce disputes that are brought up in trial include:

• child custody;
• child support;
• alimony/spousal maintenance;
• property division.

In litigation, your lawyer will represent your spousal interests before a judge, whether that be arguing for possession of the marital home or any investment assets or joint physical custody. The judge will hear both spouses’ sides and order a final settlement based on both spouses’ standards of living and, most importantly, the child’s best interests. The settlement will be legally binding, and both spouses are expected to comply with the judge’s final orders.

Collaborative Law

Litigation is not the default method for settling a divorce, however. At Berkman Bottger Newman & Schein, we specialize in alternative dispute resolution methods as well, including collaborative law. Rather than going straight to litigation, you and your divorcing spouse may consider the collaborative law process, where each spouse is represented by a collaborative lawyer in face-to-face meetings to address the issues they need to resolve. n this collaborative process, both parties will all work together to craft a mutual final agreement. Note that if either spouse wants to go to court, the collaborative process ends.

The collaborative process is often favorable for spouses who are willing to communicate and compromise, and the non-adversarial nature allows them more room to negotiate the outcome they want, rather than deferring to a judge’s default decision. This is one way for spouses to openly discuss their needs and interests post-divorce and integrate that into an agreement drafted by themselves.

Mediation

Similar to collaborative divorce, mediation is also an alternative dispute resolution method for spouses to settle an agreement outside of court. In mediation, spouses will meet and discuss their interests and needs after divorce, such as the custody arrangement they both want and how they will divide their marital property. Mediation will be facilitated by a trained third-party mediator, whose purpose is to guide the conversation towards a productive path. The mediator has no decision-making authority and serves only to facilitate negotiation and help both parties write up the final agreement for approval from the court. Note that mediation is often a required step before litigation.

Mediation is a good way for spouses to retain their decision-making power for their own future, as they can openly discuss between themselves what they seek, rather than having a public trial issue a final (and often impersonal) decision. Note that it is possible for spouses to settle some but not all matters in mediation, though in such a case the rest of the disputes must be resolved through litigation.

When you want to divorce your spouse, you can say that your marriage is “irreparable” and not get into the specifics of it. However, if it would benefit your divorce case, you can cite specific reasons or “grounds” for divorce in your petition. You can discuss these potential grounds for divorce with our Long Island divorce lawyers to see if any should be mentioned.

New York recognizes seven legal grounds for divorce, including:

1. Irretrievable breakdown of the relationship that has lasted at least six months.
2. Cruel and inhuman treatment.
3. Abandonment for at least one year.
4. Spouse’s imprisonment for at least three consecutive years.
5. Adultery or infidelity while the spouses were together.
6. Legal separation for at least one year.
7. Forced separation for one year by order of the court.

New York also has residency requirements that must be met before a divorce can be approved by the court. You or your spouse must have lived in New York for at least two years before the divorce case can begin. Or you and your spouse must be residents of New York when filing for divorce and the grounds for divorce happened in the state. Other residency requirement options do exist, and we would be happy to tell you about them as we start your case.

A divorce can be uncontested or contested, depending on how the petition is received by the respondent spouse. A divorce is uncontested when the respondent agrees with all parts of the petition. A divorce is contested if the respondent disagrees with at least one part of the petition and would like it revised.

When a divorce is contested, it does not mean that the case will head to trial. Matters can still be settled between the two spouses through negotiations and mediation.

Before your divorce progresses much, you should connect with our Long Island divorce attorneys for help. When we are by your side and leading the way, you will find that there are so many benefits to hiring us.

When you hire our divorce lawyers, you will appreciate these benefits:

• Advanced legal knowledge: Before you know it, a divorce case can get complicated, especially if the petition is contested. With our attorneys working on your case, all our legal knowledge and practice experience essentially become your own.
• Trial preparation and representation: In case there is a chance that your divorce will go to trial, you will be well prepared for it by putting us in charge from the start. Our representation is powerful both in and out of the courtroom.
• Reduced stress and worries: The main reason that people come to our law firm first is that they just want to feel less stressed out by their divorce. We are here to provide strong legal counsel and genuine moral support.