8 Steps to Litigating your Divorce in Nassau County, New York

Ending a marriage is a difficult decision to make. What’s worse is that most people going through a divorce have no idea what the process looks like. While there are several different options for couples seeking a divorce in Nassau County, the only option in many cases is to go to court.

Every divorce is unique, and there is no way to foresee how your case might unfold. However, this blog will give you a general idea of what your divorce proceedings may look like if you have to bring your case before a supreme court judge. It is recommended that you hire a family court lawyer in Nassau County to help you stay on track throughout the process.

1. The first step in every divorce proceeding is to file for divorce — this is done by filing a "summons" or a "summons with a complaint." Once you have these legal documents filed, you will have your commencement date.
2. Once you have filed the summons and summons with a complaint, you have 120 days to serve the divorce papers to your ex.
3. After serving your ex, the next step is usually intervention. However, the type of intervention sought by a party will differ from case to case. Perhaps all you need is a preliminary conference to establish a discovery schedule and move your case forward. Cases involving time-sensitive matters may entail requesting intervention by filing a pendente lite motion seeking temporary alimony, child support, and child custody.
4. The next step in divorce litigation is discovery, which can be time-consuming and tedious. To properly evaluate matters such as division of property and child care responsibilities, divorcing couples are required to give full and accurate disclosure of their finances to each other. This involves the exchange of all financial paperwork pertaining to their assets (such as bank accounts and property) as well as all debts (such as mortgage or credit card.)
5. Depositions are part of the discovery phase. However, they are usually held after both sides have exchanged documents. During a deposition, parties are questioned about their finances under oath. Third parties, such as business partners, may be deposed in some cases.
6. Expert reports/appraisals may be necessary in cases where one or both parties own assets that need to be valued. Parties can retain a neutral expert or hire their own expert. Engaging an expert is often done early in the litigation process so that the reports/appraisals are prepared and ready to review before depositions.
7. The supreme court will hold status conferences on your case from the time you seek intervention until a trial is held. Certain divorce-related matters may be discussed during these conferences, with the objective of reaching a fair resolution — whether by settlement or trial.
8. If you have completed steps 1-7 and are still unable to resolve your divorce case, the final step is to have a trial.

Conclusion

The above is simply an outline of what divorce litigation in New York entails. Hire a divorce attorney in Nassau County who can review the facts and circumstances of your divorce case and help you understand what you can expect.

David L. Martin, Esq.​ has more than 33 years of experience in handling divorce and family law cases, with a great track record of winning cases.