THE DIVORCE PROCESS

A Presentation by Jason M. Barbara & Associates, P.C.

About Divorce in New York• Divorce in New York can take place in

different ways depending on the circumstances of the filing parties.

• In some cases, both parties enter into a separation agreement, which is then later converted into a divorce action.

• Both parties sign the separation agreement, and various factors are decided upon.

• The parties must live separately for a minimum of one year before filing an action for divorce.

Taking Legal Action• Another way that divorce can be obtained is

through the filing of an action for separation. • This method is similar to the legal separation

method, except that it is accomplished through the court system.

• Unless the estranged parties can make an agreement without court intervention, the court will decide on the terms of the divorce and then issue a decree or judgment of separation.

• In this situation, the parties must wait one year from the date of the judgment to file an action for divorce.

No-Fault Divorce• The third and final way that divorce

can be obtained is through the direct filing of divorce.

• In 2010, New York became the very last state in the country to allow no-fault divorce cases.

• What that means is that individuals wanting to file for divorce do not have to prove fault in order for the divorce to be obtained.

• All divorce requires is for one party to swear that an irretrievable breakdown of the relationship has been taking place for a minimum of six months. 

What Will My Divorce Resolve?Prior to the divorce being granted, an agreement by the court must be made that involves decisions regarding the following terms:• Child Custody• Child Support• Spousal Support• Property Division

Why Get an Attorney?• Since each marriage and split is

different, not all factors will be relevant for each case.

• Regardless of the situation of your case, an attorney can help you determine what is the best for you.

• An attorney can also help you pursue your desires if contested by your spouse (like pursuing custody of your child.)

Pleadings in a Divorce Case• In a marital dissolution case, the pleadings

include the complaint, the answer, and the reply.

• Once the party filing for divorce makes the verified complaint, the verified answer will have to be brought forth, either in the affirmative or as a counterclaim.

• Motions and trial will then take place to make the decisions that will affect the remainder of all parties' futures.

• The final judgment will then be processed.

Getting Divorced in Nassau County?

• If you are facing a divorce in Nassau County, don’t wait to seek legal representation.

• Contact Jason M. Barbara & Associates, P.C. and speak with our Nassau County divorce lawyers today.

• We can provide the legal guidance you need!

Contact Jason M. Barbara & Associates, P.C.NASSAU COUNTY DIVORCE ATTORNEY• Phone: 

(516) 406-8381• New Hyde Park Office: 

3 Dakota Dr, Suite 300 New Hyde Park, NY 11042