Long Island and Metro New York Divorce Lawyers

To petition for a divorce in New York, one or both spouses must have resided in the state for at least two years prior to filing the dissolution of marriage paperwork and the filing spouse must provide a legal reason for the divorce. 

Marriage dissolutions based on an “irretrievable breakdown of marriage” are colloquially referred to as no-fault based divorces because the filing spouse is not required to attribute a behavior to their former partner that caused the relationship to end. They merely need to demonstrate that the relationship broke down at least 6 months ago and cannot be salvaged. In contrast, marriages that end due to any other reason (abuse, adultery, imprisonment, and so forth) are known as fault-based divorces. Of the two, no-fault divorces are generally easier, but both can take longer if there are contested issues, such as child support, custody, financial support (such as child support or alimony), or equitable property distribution. With decades of legal experience between them, the divorce lawyers at Schlissel Ostrow Karabatos, PLLC (SOK), can help you pursue a settlement no matter how complex your separation is. 

If you’re considering a divorce, we invite you to discuss your case with our New York divorce attorneys. Call (516) 877-8000 or message us today.

Contested Divorces and Collaborative Law in Long Island and Metro New York

When spouses do not initially agree on all separation terms but are willing to work with one another to reach a resolution, they can choose to negotiate their disagreements in a collaborative divorce. This process involves spouses and their attorneys collaborating with one another and often with other financial or mental health professionals to reach mutually beneficial resolutions to any disputed items. 

Contested divorces, on the other hand, can be resolved through mediation, arbitration, or litigation. The first, mediation, is a structured process where both parties work with an impartial mediator to negotiate resolutions to their contested items. Mediation is typically voluntary but courts may also require it as part of the divorce process, especially if the case involves certain custody-related issues. On the other hand, arbitration is when a neutral third party reviews the evidence and arguments from both sides and issues a legally binding resolution (arbitration award), based on the application of the law. Arbitration and mediation are both considered alternative dispute resolution methods.

The final method, litigation, is the most traditional form of settling a contested divorce. It involves litigating disagreements in court. Each spouse can be represented by an attorney in all court proceedings. Divorce lawyers will work with their clients to gather evidence and present their cases before a judge. The judge will make the final determination regarding the outstanding issues.

Let Our New York Divorce Lawyers Help You

Divorces are difficult for any family, but you can feel confident knowing that KRDS is one of the few law firms in the nation with five fellows of the American Academy of Matrimony Lawyers. This is a testament to our determination to empower our clients through skilled, knowledgeable, and compassionate legal counsel and representation. Our team of experienced attorneys efficiently guides clients through each stage of the divorce process, from initial planning and pre-divorce negotiations to resolving your case in mediation or the courtroom. Our New York divorce attorneys are skilled in litigation, mediation, arbitration, and collaborative law. We can work with you to decide which of these case options is best for your unique circumstances. 

Call (516) 877-8000 or message us online to schedule a consultation with Karabatos Rosenkrantz DeMarco Schoenfeld (KRDS)