Divorce

Cases we handle

Assisting Divorces Throughout Suffolk County

20+ Years of Unparalleled Divorce Representation

If 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 Montefusco Law Group, 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.

Client Reviews

Robert has the right balance of aggressiveness, exceptional knowledge, firmness, and negotiating skills. But if push comes to shove, just put your feet up, sit back, and watch!

- Mike H.
I couldn’t be happier with the practice and all staff!

- Rob C.
He is worth every penny and I can’t stress this enough - let him save your situation; don’t waste time anywhere else.

- Brian C.
Friendly, knowledgeable, and effective. I recommend completely.

- Charles M.

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 Montefusco Law Group for further assistance. We can discuss the laws and the specifics in relation to your case.

How Long Does a Divorce Take in New York?

The average time frame for divorce to finalize in the state of NY is between twelve to eighteen months. It takes approximately two to four months from the time the divorce papers are submitted to the court to review and signed off on by the assigned judge. The time it takes for a divorce to finalize can vary due to the type of divorce and circumstances between the divorcing parties.

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.

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.

We handle all matters that arise during divorce disputes including:

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.

Navigating Divorce in New York: Local Insights and Support

Facing a divorce in New York presents its challenges, shaped by the diverse and dynamic nature of the state. From the bustling streets of Manhattan to the quieter suburban and rural areas, the local landscape can significantly impact divorce. Understanding the specifics of your location in New York can significantly influence how smoothly your divorce proceedings unfold.

One common concern for individuals navigating divorce in New York is the high cost of living, which often leads to complex financial disputes. The New York State Division of Human Rights and other local resources assist families with financial challenges during this time. Additionally, the New York Family Court system plays a crucial role in addressing issues such as child custody and support, ensuring that the children's best interests are prioritized.

Long commute and busy schedules can also complicate custody arrangements and visitation schedules. Our team at Montefusco Law Group is well-versed in addressing these challenges, helping you create a parenting plan that accommodates your work commitments and minimizes disruption to your children’s lives.

Community ties are an important aspect of life in New York, whether through schools, sports teams, or local organizations. We understand the need to maintain these connections and offer solutions that preserve your family’s relationships as much as possible, tailored to your unique circumstances.

By leveraging our deep understanding of New York and its resources, we aim to provide you with the support and guidance needed to navigate your divorce effectively. Contact Montefusco Law Group today to discuss how we can assist you during this challenging time.

Commonly Asked Questions

What should I bring to my initial consultation with a divorce attorney?

For your initial consultation, bring any relevant documents, including marriage certificates, prenuptial agreements, financial statements, property deeds, and any legal papers related to your case. This helps your attorney understand your situation and provide more accurate advice.

How do I know if mediation is right for my divorce?

Mediation is a good option if both parties are willing to communicate and negotiate in good faith to reach a mutual agreement. It is generally faster, less expensive, and less adversarial than going to court. However, it may not be suitable if there is a significant power imbalance or history of abuse.

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What Sets Us Apart From The Rest?

Montefusco Law Group is here to help you get the results you need with a team you can trust.

A Multitude of 5-Star Reviews
Free Initial Consultation
Understanding Representation
Personalized Attention
Former Prosecutor Experience
Aggressive Approach

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.

Do You Have to Be Separated for a Year to Get a Divorce in NY?

Yes, couples must be separated for at least one year to get a divorce in NY. However, suppose there is an irretrievable breakdown of the marriage for at least six months. In that case, you and your spouse can seek a divorce after entering into a separation agreement and living apart for one year.

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.

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.

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Meet Our Team

At Montefusco Law Group, we are dedicated to providing personalized attention and aggressive representation to achieve our clients' goals. We are known for our commitment to individualized service, ensuring that each client's unique needs are meticulously addressed. Our strategic legal approach consistently delivers exceptional results, reflecting our unwavering dedication to client success. Montefusco Law Group’s client-centered focus and vigorous advocacy are the cornerstones of our outstanding reputation.

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