Ending a marriage can be difficult emotionally and financially. From dividing the marital property to making child custody decisions, it takes an experienced divorce attorney to protect your interests. That’s where Macedonio and Duncan, LLP comes in. Our family law attorneys are dedicated to helping clients throughout Suffolk County navigate the process.
We have in-depth knowledge of New York Domestic Relations Law and well-honed negotiating and trial skills to achieve successful outcomes in and out of the courtroom. Ending a marriage can be life-altering; don’t go it alone. Contact our office today to speak with an experienced divorce lawyer.
Contested Divorce v. Uncontested Divorce in Suffolk County, Long Island
Generally, there are two types of divorce, contested and uncontested. In a contested divorce, the spouses are unable to reach an agreement on the key issues in their case and will need to go to court to have it heard by a judge who will make decisions for the parties.
A contested divorce can be a lengthy, complicated process and become contentious if there are disputes about child custody and marital property or allegations of domestic abuse. In these situations, you need an attorney who will fight to protect you, your family, and your future.
In an uncontested divorce, the parties agree on the relevant issues and can end their marriage without going to trial, which is preferable in many cases. This is typically less time-consuming and less expensive than a contested divorce and can be finalized either through negotiations or divorce mediation. Ultimately, it takes an experienced matrimonial attorney to help resolve key issues, such as:
- Marital property division — New York is an equitable distribution state, which means the marital property and debt must be divided in a way that is fair and equitable, but this does not necessarily mean a 50/50 split.
- Spousal maintenance — Commonly referred to as alimony, there are two types of spousal maintenance: temporary and post divorce. If the parties cannot agree, the court relies on a formula to determine the amount and duration of spousal maintenance.
- Child Custody — Although the courts favor joint custody as being in the best interests of the children, ironing out the details of a parenting plan (e.g. overnights, weekends, holidays) can be complicated. Our objective insights can help you arrive at an agreement that works for your family.
- Child Support — Generally, the higher-earning spouse will be required to pay child support to the lower-earning spouse which is based on a formula that factors the parents’ income and the number of children for whom they are responsible.
Whether you are seeking a contested or uncontested divorce, you need the informed representation Macedonio and Duncan provides. We are comfortable in the Suffolk County Supreme Court and Family Court where we are known for adhering to the highest ethical standards. We have a proven history of achieving positive outcomes at trial, but also believe that many divorce cases can and should be resolved through negotiation and drafting a comprehensive Stipulation of Settlement.
Divorce Mediation: A More Amicable Way to End a Marriage in Suffolk County
Going to court to dissolve a marriage can be time-consuming and expensive and litigation is inherently adversarial. A more expedient approach is divorce mediation, a form of alternative dispute resolution in which the parties enlist the services of a neutral mediator to lead them to a settlement. A mediator is not a judge, but rather a court-appointed family law attorney or professional counselor who guides the negotiations. The mediator’s role is to help the parties reach an agreement, but he or she cannot offer them legal advice.
Mediation is quicker and less expensive than a litigated divorce. Divorce mediation can also help to reduce the tension that comes with a marital breakup and create an atmosphere of empathy and understanding.
Ultimately, the parties have a better chance to successfully navigate the divorce and the opportunity to co-parent their children amicably. However, both parties must be able to negotiate in good faith for divorce mediation to be successful. While your attorney does not participate directly in the negotiations, it is important to have legal advice during the process so that your interests are protected.
How Macedonio and Duncan Can Help
Our attorneys know that divorce is never easy and often comes with anger and resentment. When you consult with us, we will provide you with a supportive environment in which you can make the best decisions for your future and your family. By understanding your objectives and expectations, we can help you explore all of your legal options.
While a negotiated settlement is often the best path, there are times when litigation may be inevitable, particularly in a high-net-worth divorce. Regardless of the circumstances, you are facing, we will offer you knowledge, compassion, and the personal attention you deserve.
Contact Our Experienced Suffolk County, New York Divorce Attorneys
If you are considering a divorce, or you have been served with divorce papers by your spouse, turn to Macedonio and Duncan, the trusted choice in matrimonial law. Contact our office today to schedule a consultation.
