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Long Island Divorce Attorneys

Guiding You Through the Divorce ProcessLong Island Divorce Lawyer

Are you in the process of making a decision to file for divorce or legal separation? New York matrimonial law includes some of the most complicated laws and legal procedures in the country. Our Long Island divorce attorney, Sandra Radna, has been successfully representing clients in their divorce proceedings since 1993.

Contact Law Offices of Sandra M. Radna, PC if you need someone who listens to you and fights for what is legally yours. Divorce is an emotionally tough time. Sandra Radna and her team will help you understand the way the divorce or family law courts will see your case so we can work together to reach a settlement that all parties can live with, and work to avoid excessive attorney fees and court costs for unnecessary litigation or services.

Just a few divorce matters our team can help you handle include:

Contact us now to schedule a consultation with our Long Island divorce lawyer!

Contested vs. Uncontested Divorce NY

Couple getting divorceThe difference between contested and uncontested divorce is simple: if you and your spouse are in total agreement on all aspects of the divorce, it is considered uncontested. If, however, there are things such as alimony, property division, or child custody that you are unable to come to an agreement on, it is a contested divorce.

When you, your spouse, and your representatives are able to work out a settlement out of court that is agreeable to everyone, it does tend to be easier on time, resources, and energy. However, it is important that you do involve someone skilled in handling uncontested divorce matters on Long Island to ensure that you are fully aware of any long-term repercussions that could crop up. Contested divorce proceedings are generally much more involved. In these cases, it is considered highly likely that the parties will need the help of a skilled, experienced divorce attorney in Long Island to resolve their differences in a fair and just manner.

Grounds for Divorce in New York

In order to file for divorce in New York, you must meet two requirements: you must meet a residency requirement and you must have grounds for your divorce.

To meet the residency requirement,

  • You or your spouse must have lived in New York State continuously for at least two years before you start your divorce case
  • You or your spouse must have lived in New York State continuously for at least one year before your divorce case is started and you got married in New York State, or you lived in New York State as a couple, or the grounds for your divorce occurred in New York State
  • You and your spouse are residents of New York State on the day your divorce is filed and the grounds for your divorce occurred in New York State

The grounds for divorce in New York are as follows:

  • Abandonment
  • Adultery
  • Cruel and inhuman treatment
  • Imprisonment
  • Irretrievable Breakdown
  • Separation

If you file for divorce on the grounds of abandonment, adultery, cruel and inhuman treatment, or imprisonment, you will need to provide proof of what happened to the court. If you file on the grounds of irretrievable breakdown, your relationship with your spouse must have been broken down for at least six months and all of your financial affairs need to be settled. Lastly, if you file on the grounds of separation, you and your spouse must have filed a separation agreement and lived apart for a year.

Is New York a 50/50 Divorce State?

New York is an equitable distribution state which means that during a divorce property division is dispersed in a way deemed “fair and equitable” for both parties. It does not mean that all property will be split 50/50 between each spouse. Determining what is considered “equitable” will fall to the court, based on a variety of factors which indicate each spouse’s contribution to the marriage as a whole.

When the courts must get involved with property division, they will examine a number of factors, such as:

  • The length of the marriage
  • Each spouse’s age
  • Income of each party
  • Future earning potential
  • Standard of living established during the marriage
  • Childcare or homemaking responsibilities

How Long Does NY Divorce Take?

While no divorce is identical, neither is the duration. While some uncontested divorces may only take up to six weeks, some contested divorces may take six months to several years, depending on the issues at hand. Unlike most states, New York does not have a waiting period, so it's not uncommon for a divorce to finalize rather quickly.

Let Law Offices of Sandra M. Radna, P.C. Help You

From high net worth divorces to working through business interests, our highly skilled Long Island divorce attorneys are committed to providing you with quality representation tailored to your unique needs. We understand how challenging it can be to go through these situations but are prepared to help you through all the highs and lows.

Contact us now to get started with your consultation! We have offices in both Long Island and New York City for your convenience.

Related: How to Help Your Kids Through Divorce

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