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Planning Stages In Divorce Actions

Quick Overview

This page covers Planning Stages In Divorce Actions as it applies to divorce and family law in New York. Use this summary as an orientation; the original content below remains unchanged.

Planning Stages In Divorce Actions

If you’re in the planning stage, your advice to someone that lives in Suffolk County might be a little bit different if that person lives in Nassau County?

Yes, you really want to position yourself the right way with the least amount of surprises through the whole divorce action. For example, judges in Suffolk County generally speaking, are less female friendly when it comes to issues like maintenance, which most people know as alimony, than Judges in Nassau, Manhattan or Westchester.

I’ll give you a different example. Let’s assume you have relatively young children and you’re the wife, and you have relatives in Florida. And although you’re living in New York, you would prefer to be in Florida, which would involve relocating with the children. Again, your chances of success are somewhat dependent on which Judge is assigned to your case, as each of them bring their own life experience into their decisions.

However, if you live in Queens County as an example, it is useful to know that there are only three Judges in Queens that handle divorces for the entire County. In Nassau and Suffolk, there are approximately seven Judges in each county assigned exclusively to handle divorce cases. Obviously, because there are less Judges assigned to handle divorce cases in Queens, experienced divorce attorneys know that things take much longer there, unless your attorney can resolve issues pertaining to your divorce without the necessity of judicial involvement.

More importantly, experienced divorce attorneys get to know how particular judges view certain issues and how to frame their arguments to a particular judge so as to have the best opportunity for obtaining the result you desire.

Frequently Asked Questions

Do I have to prove fault to get divorced in New York?

No. New York recognizes no‑fault divorce based on an irretrievable breakdown of the marriage for at least six months. Fault grounds still exist, but most cases proceed on no‑fault.

How long will my divorce take?

It depends on issues like children, property, and cooperation between spouses. Uncontested matters may resolve in months; contested cases can take longer due to discovery, motion practice, and court schedules.

Will I have to appear in court?

Uncontested cases may be handled mostly on paper. Contested matters often require conferences, depositions, or hearings. Your attorney will manage court appearances and briefing.