Getting divorced isn’t easy—this is true even in cases where the spouses part on more or less amicable terms. Divorce is a major personal event that signifies the beginning of a brand-new direction in one’s life. Much of the time, the pains of divorce are aggravated by a number of subsidiary issues that must be dealt with: child custody, visitation rights, and division of property and funds, among other matters. As a leading New York State divorce law firm, we provide a broad range of legal services to people who need help with navigating the maze of the marriage dissolution process.
Uncontested & Contested Divorces
When both sides amicably agree to divide their assets in a manner deemed acceptable to each party, as well as agree on all other substantive issues, it is classified as an uncontested divorce. Sometimes, the spouses arrive at a reasonable division of assets by themselves, with no need for the services of a family divorce attorney. That frequently occurs when there are fewer assets to be divided, or when there are no child custody issues to be hammered out. Nonetheless, it may still be wise to contact a divorce law firm like the Law Office of Robert H. Montefusco, P.C., to ensure that you do protect your rights and do not inadvertently give away more than you would prefer.
In some cases, the spouses simply can’t come to an agreement on certain terms and conditions attached to the divorce. This results in what is called a contested divorce, which means the matter is litigated before the courts. Often the courts provide helpful direction to the attorneys which eventually leads the parties to settle. Otherwise, the courts are available to conduct a trial where a judge will be given the final say on who will get what.
If you’re unable to find common ground with your spouse, you should contact our Suffolk and Nassau County contested divorce lawyers. We favor a tough, aggressive approach to litigation, having gone through hundreds of trials and hearings, and we will fight for you and your rights
No-Fault & At-Fault Divorces
Prior to 2010, New York State required a spouse seeking a divorce to prove that the union was no longer sustainable due to one or more recognized factors, such as cruel treatment, abandonment, imprisonment (for at least three years), adultery, or other cause. That changed in October 2010, when New York became the last state in the union to approve no-fault divorces. Under no-fault law, it is not necessary to demonstrate that a spouse has acted abusively or otherwise neglected marital duties.
The traditional at-fault divorce is still permitted in New York State. Why would someone elect to go through an at-fault divorce when a no-fault divorce is available? A spouse who feels wronged by the misbehavior of the other party may press for an at-fault divorce in order to gain legal recognition of such wrongdoing.
The Suffolk County Divorce Law Firm
No matter the circumstances that apply to your divorce case, the Law Office of Robert H. Montefusco can provide the legal services you need. Contact us today to reach out to a contested divorce attorney in Suffolk County and Nassau County. We serve clients in Commack, Dix Hills, East Hampton, Huntington, Lloyd Harbor, Melville, Islandia, Smithtown, the Hamptons, Eatons Neck, West Hampton, Ronkonkoma, and all of Long Island.