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Assisting Divorces Throughout Suffolk County

20+ Years of Unparalleled Divorce Representation

Couple getting divorcedIf you are seeking to file for divorce, or find yourself already in the midst of the complex process, you deserve personalized attention from knowledgeable and experienced attorneys who care. At The Law Office of Robert H. Montefusco, we treat your divorce case as if it were our own. We have more than two decades of helping others find peace after divorce.

Our Suffolk County divorce attorneys can compassionately guide you through the entire divorce process, helping you find the legal solutions for your divorce that can get your life back on track. When you entrust your case to us, you will gain a clear understanding of your legal rights in divorce, and benefit from our aggressive legal representation.

Call (631) 801-0007 now to speak with one of our skilled and knowledgeable family lawyers who will help you get the best outcome for your situation. Serving Islip and Brookhaven.

    What Are the Grounds for Divorce in New York?

    New York has a residency requirement, which means that you or your spouse must have been living in the state continuously for at least two years before you can begin the divorce process or are residents of the state on the day that the divorce is initiated. The grounds for divorce may be based on the following reasons:

    • Abandonment
    • Adultery
    • Imprisonment
    • Cruel and inhumane treatment
    • Divorce follows a formal legal separation agreement
    • Divorce follows a judgment of separation
    • The marriage is "irretrievably broken" and has been so for at least 6 months

    As your situation may have unique circumstances, please do not hesitate to speak with our divorce lawyers at Law Office of Rober t H. Montefusco, P.C. for further assistance. We can discuss the laws and the specifics in relation to your case.

    Types of Divorce in New York

    In New York, the most common divorce proceeding is called a "no fault" divorce. A "no fault" divorce is where one party wants to end the marriage because it has broken down. This type of divorce has been the standard since the state changed divorce laws back in October 2010. There are two types of divorce proceedings: uncontested and contested.

    Uncontested Divorce

    An uncontested divorce, although still often adversarial, includes a couple willing to work together to create the settlement and divorce agreement. An uncontested divorce can be more desirable for couples who are willing to come to a mutually-beneficial agreement regarding division of property, child custody, visitation, access, and so on. Even in an uncontested divorce, however, it is still in your best interests to be represented by your own divorce lawyer, as it could still be necessary to go to court to have the divorce finalized.

    Contested Divorce

    In a contested divorce, one or both people refuse to agree on various aspects of the divorce. They might not agree with what the other's division of property proposal was or have issues with child custody, access, and visitation schedules. When a couple cannot reach an agreement on their own, then they place all decisions in the hands of the courts, which are then made by the judge and considered final, with a few exceptions in regards to support payments, as those can change.

      Handling All Divorce Matters in Suffolk County, NY

      Divorce can make an impact on multiple areas in your life. For years our divorce lawyers have been committed to gaining the necessary knowledge and skills to be able to best help people navigate through all kinds of divorce-related issues.

      Divorce in NY: Your Rights

      You can divorce your husband or wife without his or her consent in New York. This is just one of your many rights. Other rights both couples have in divorce proceedings could include:

      • An interest in all marital assets and debts acquired during the marriage. Each person has a financial interest in all assets, cash, investments, and debts accumulated over the course of the marriage. This includes the marital home.
      • Access to minor children. You have a right to have access and/or custody to your minor children.
      • The right to remain in the marital home until the divorce is finalized. You do not have to move out of the marital home right away. Some couples do decide to remain living in the same home, for financial reasons, but live apart and separate.
      • The right to seek a restraining order against the other person. In violent domestic situations, you do have the right to request a restraining order from the courts.

      How Long Does It Take to Finalize a Divorce?

      If you have an uncontested divorce, the entire process may be finished within two to three months. However, it can take up to a year or even more, depending on your situation. Additionally, you must factor in the time it takes to compile all of the necessary documents, as well as the court's own timeline for scheduling. Remember that there are also residency requirements necessary before you can file. You or your spouse must have been a resident of New York State for at least one year, uninterrupted, prior to filing.

      How Will I Know that the Courts Have Finalized My Divorce?

      The courts will typically issue the Judgment of Divorce. The judge has already considered all of the terms of your divorce and has found that all of the matters have been settled. An uncontested divorce between spouses who generally agree to the terms of the divorce may be able to settle their divorce faster than spouses who have several, contested issues to handle. The timeline of this will vary, of course, depending on your circumstances. After the judge has granted the divorce divorce and it has been finalized, it will then be filed with the court. Each spouse should then expect to receive copies of the divorce decree.

      Contact Law Office of Robert H. Montefusco, P.C. for Assistance

      We will not back down and we will fight for you. We will do whatever it takes to help you get the best possible outcome for you so that you can move on with your life in pursuit of your best future. Though divorce can be a complicated and painful process, our attorneys make the experience as easy as possible and will be with you every step of the way.

      For more information about how our Suffolk County lawyers can assist you through your divorce, call us today at (631) 801-0007 or contact us online. We look forward to hearing your story.

      • Robert, I want you to know you are a blessing! AND THANK YOU!!!

        “You are so knowledgeable and took so much time with me… for that I am so thankful!!!!”

        Lynn M.

      • Robert did everything in his power to ensure the best come for me, my kids and my future. Thanks

        “Robert did a great job on finalizing my divorce with a very difficult X Wife.”


      • Mr. Montefusco has the right amount of pitbull in him and uses it when the opportunity requires.

        “Mr. Montefusco and his assistant were and continue to be excellent.”


      • What was most impressive, was his caring, both for the child and us, the grandparents.

        “The court awarded us custody and the child never entered the foster care system.”


      • Robert Montefusco fought for me & my beliefs.

        “Robert was a realist-he was able to truthfully show the court that I was a very able, willing and capable of parenting my child more than the usual court arrangements.”


      • I wish I could give more than 5 stars for Robert.

        “Appreciate the kindness and support, it means so much to me. Useful advice, I highly recommended. I wish I could give more than 5 stars for Robert.”

        Emma I.

      • His office personnel was unbelievable.

        “He explains everything in detail.”


      • Robert is not a stranger to arguing a motion. An added benefit that helped with my selection of Robert was his prior background as a Suffolk County Assistant District Attorney.

        “Although I am not an attorney, I deal with a lot of contact, intellectual capital and real-estate attorneys regularly and I’m a pretty good judge of character. Robert’s representation of me was outstanding!”

        Robert D.

      • It all came true and I was very happy and relieved when it was all over.

        “I’ve already recommended him twice to people I know.”

        Judy B.

      • I am grateful for all the hard work and efforts he and his assistant, Ms Maureen Furlan, and others,who worked closely as one with me throughout my case.

        “I would highly recommend Mr. Montefusco to anyone who want excellent and qualified representation in their case.”


      Get to Know Us

      The Attorneys at The Law Office of Robert H. Montefusco Are Here to Serve You
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