Contested Divorce Long Island: Beginning the Process

A Long Island Contested Divorce is a process in which you and your spouse are each represented by a separate Long Island divorce attorney and seek to resolve the issues surrounding the end of your marriage –child custody and support, the house and pensions, your savings and your future — through a court process. That is in stark contrast to a Long Island Divorce Mediation, where you both work with a neutral Long Island Divorce Mediator to resolve the issues concerning your New York divorce by dealing with each other face to face.

You may think that in your first appearance before the Long Island divorce court you will have the opportunity to to tell your story to the judge, who will then make a decision immediately. This is not television and nothing could be further from the truth. The Long Island divorce courts are overburdened with cases to decide and the system works by expecting the parties, through their Long Island contested divorce lawyers, to resolve as many issues as possible without the direct intervention of the court. The Long Island divorce court wants you to settle it yourselves.

Getting the process started is straightforward and routine. One of one of you will file a Summons and Notice, or a Summons and Verified Complaint with the County Clerk and then have it personally served on your spouse. Your spouse then has approximately 30 days to respond.  If you file and serve the Summons your are called the plaintiff; if your spouse serves the Summons on you then you are the defendant.

Go back to Long Island Contested Divorce: How It Works to see the full list of topics about contested divorce.