3505 Veterans Memorial Hwy
Ronkonkoma, NY 11779
To secure a divorce in New York, a party must be able to establish one of five grounds for divorce set forth in our statutes. We will be able to advise you as to whether you have a viable case for divorce and your options if you do not.
Divorces may be uncontested or contested. In an uncontested divorce, one party asserts his or her grounds for divorce, which the other party does not challenge. Further, the parties are in
agreement on all issues, including child custody and visitation, child and spousal support and asset/debt division. In such instances, it may be possible to process the divorce without either party ever having to appear in court. Most importantly, in such instances we will be able to charge you a flat fee for our services.
If a husband and wife cannot come to an agreement regarding all issues, or one party denies that the other has sufficient grounds on which to obtain a divorce, the proceeding is considered contested. In this instance, it may be necessary to appear in court numerous times and all the issues may ultimately be determined by going to trial - a process that is both costly and time-consuming. Additionally, other professionals and experts may be required and their fees paid by the parties. For example, if there are contested issues of custody or visitation, an attorney, called a Law Guardian, may be appointed to represent the children and a forensic expert appointed to render a report with regard to the family dynamics. If there is a business that falls into the category of marital property, a forensic accountant may be required to value the business. A real estate appraiser may be necessary to value real estate property and a pension actuary to value a party’s pension. The process can be daunting, but we will make every effort to make you feel comfortable, to ensure that you understand your situation and your rights and we will fully explore your options with you.
Divorce Mediation
Our firm offers divorce mediation services by an attorney trained in mediation techniques. In the mediation process, the mediator is a neutral third party who represents neither the husband nor the wife. The mediator’s role is to assist the husband and wife to come to an agreement resolving any and all marital issues, including but not limited to custody, visitation, maintenance, child support, and asset/debt distribution. More often than not, it will take several meetings with the mediator to resolve the marital issues.
After a mediated agreement is reached, it is still common for each party to take the Mediation Agreement to an attorney of his or her own choosing, who is not neutral. The attorney would review the agreement for his or her client and provide advice to his or her client with regard to the contents of the mediated agreement. That way, each party can determine if the agreement is a “fair deal”.
The mediation process provides the benefit of allowing the parties control of the outcome of their matter and the avoidance of lengthy and costly litigation.
Judd & Moss, PC
3505 Veterans Memorial Hwy
Ronkonkoma, New York 11779
(631) 981-9110
