Going through a divorce or child custody battle is miserable, especially if you have young children. There are ways to mitigate the misery by streamlining the process though. This is done by hiring the right divorce lawyer in Nassau County to do your bidding in court. Having the right lawyer can turn ‘lemons into lemonade’, as the saying goes. Sometimes, with the right skill and maneuvering, they can turn things around, even when all hope seems lost. Take a positive step forward and get a free phone or zoom consult with, some who say, is the best divorce lawyer in Nassau County. We help our clients with; uncontested divorce, child custody, high net-worth divorce, visitation, support matters, contested divorce, prenuptial agreements, adoption, and same-sex divorce. You’re entitled to the support and legal guidance of a family lawyer who will really fight for you in court, not just ‘lay down’. Why not take advantage of it?
If you live anywhere in Nassau County, such as Mineola, Garden City, Hicksville, Plainview, or Westbury, and you are experiencing any sort of marital difficulty that may end in divorce, please don’t hesitate to contact us for a free consultation. We handle all divorce matters, including; uncontested divorce, high net-worth divorce, mediation, collaborative divorce, modification of court orders pertaining to visitation, as well as Restraining Orders, also referred to as Orders of Protection.
The divorce process can be lengthy and time-consuming. There are things, however, that you can do before you begin the divorce to increase the likelihood of a fair outcome. Be prepared and organized – using a checklist can help you make better decisions in this confusing time.
Consider whether you and your partner can agree on all the major problems that will arise throughout the divorce. If you and your spouse have children, you must figure out how to handle issues like child support, custody arrangements, and property split. If you agree on all these issues, you can manage your divorce without a lawyer, either by using a do-it-yourself divorce service or by working with a mediator. Whatever route you choose, you should always consider a free consultation with an Uncontested Divorce Lawyer in Nassau County. A divorce court may be your only option if you two can’t settle your differences amicably.
Get your marriage license and estate planning documents to start your official documents file. Gather all relevant legal documents, including marriage licenses, prenuptial and postnuptial agreements, estate plans, and life insurance policies.
Make a list of everything you own together and everything you owe to anyone, including credit card companies, medical providers, insurance companies, and any other financial institutions. Check your brokerage, checking, and savings account statements. Look for proof of your financial obligations as a couple, such as mortgages, car payments, retirement savings, and education costs. During the marriage, either partner may have accumulated retirement or pension funds.
Although no jurisdiction mandates it, it is often in the best interest of both parties to seek legal counsel before initiating the divorce process or agreeing to the marriage settlement agreement (MSA). Though legal representation will add to your divorce bill, it could save you time and energy and guarantee your rights.
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If you are a high net-worth individual living in Nassau County and considering a divorce, consider calling us for a free consultation. If you own a home, vacation properties, a mutual fund, or a business, dividing these assets in court can be daunting. There are many factors to be considered, such as; who brought which assets into the marriage, and what assets were accrued during the marriage, to name a few. It is the court’s job to determine which assets belong to which spouse. This is when having a highly experienced Nassau County divorce lawyer who specializes in high net-worth divorce can make all the difference. Save your assets! Call now for your free divorce consultation. You have everything to gain.
A Petition for Visitation can be filed in court by anyone who is significant to the child’s life, such as the parents, grandparents, and even siblings. The court will make it’s determination based on arguments submitted by both sides.
This is when the quality of your lawyer comes into play. Sometimes lawyers may use ‘smear tactics’ including false allegations in order to win more visitation time for their clients. If you’re faced with this situation, you need strong representation from an experienced Nassau County Divorce Lawyer with the knowledge and skill needed to stand up to such an opponent. An experienced divorce lawyer has been in this situation before and knows how to handle it. Attacks on your parenting ability and integrity can not go unanswered in court. Hire the right lawyer and win the visitation you deserve.
The divorce process in New York State is a legally structured journey that individuals must undertake when seeking to dissolve their marriage.
Navigating this process requires a clear understanding of its steps to help streamline what can be an emotionally charged and intricate procedure.
To initiate the divorce process in New York, meeting residency requirements is the first step. One spouse must have belived in the state for a continuous two-year period before filing. Alternatively, if both parties agree to the divorce and one has lived in New York for at least one year, the process can proceed.
New York provides both no-fault and fault-based grounds for divorce. No-fault grounds are commonly used, citing an irretrievable breakdown of the marriage for at least six months. Fault-based grounds include issues like cruelty, adultery, imprisonment, or abandonment.
Commencing the divorce process involves filing a “Summons with Notice” or a “Summons and Complaint” in the Supreme Court of the county where either spouse resides. The spouse filing becomes the “plaintiff,” while the other is the “defendant.”
The defendant must be formally served with the divorce papers, adhering to legal protocols. Once served, the defendant has a designated timeframe to respond.
Post-response, both parties engage in negotiations, aiming to settle critical matters like asset division, child custody, visitation, child support, and alimony. Mediation or collaborative law can aid in these discussions.
If agreements cannot be reached, the case proceeds to trial. Each side presents their arguments and evidence, and the court makes decisions based on New York laws. Once all matters are addressed, a judgment of divorce is issued.
Even after the judgment, issues like enforcing court orders or modifying custody arrangements might arise. Parties can seek legal remedies through post-judgment actions.
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Couples planning on getting married may consider making a prenuptial agreement to protect their assets going into the marriage. This document, also referred to as a premarital agreement, defines the property owned by each of the future spouses and the property rights available to them if the marriage ends in a divorce. This agreement may also be made after the couple gets married. At this time it is referred to as a “postnuptial agreement”. Schedule a FREE Consult with a preeminent Nassau County divorce attorney today to discuss your prenuptial agreement.
Divorce mediation is a form of dispute resolution and is an alternative to the harsher, more adversarial and more aggressive form of divorce litigation. Mediation almost always results in an amicable separation where both parties feel that the separation is fair and just. Parenting plans, alimony, and property division are all things that are topics discussed in mediation, as well as alimony amounts and duration. Mediation is ideal for couples who do not necessarily have the resources for a long-term divorce or a simple divorce. This case would involve a division of a small amount of property, and the parties are not entirely disagreeing. If the parents can agree on critical issues such as custody, property and alimony, divorce mediation can be a straightforward and quick process to get to the finish line. However, both spouses must be willing to participate in mediation discussions voluntarily.
An uncontested divorce is arguably the most economic type of divorce you can file for in Nassau County. It can also be a lifesaver, both for your time, finances, as well as your stress levels. Any party may file for an uncontested divorce on “no-fault” grounds. This kind of divorce means that the party filing may not state any specific reason for the divorce, nor must either spouse have to prove the marriage is no longer working.
Divorce issues include child custody, child support and alimony, debt allocation, and property division. If you and your spouse agree on all of these, then you can opt for an uncontested divorce.
To save you time and money and ensure that every part of the divorce process goes smoothly, it is beneficial to work with an experienced divorce attorney.
Even though divorce requirements for same-sex couples and marriages are the same as for heterosexual couples, additional issues arise in court related to parental rights and equitable distribution of assets. Hiring the right legal representation can tip the court’s ruling in your favor. If the divorce may be amicable, you should consider a FREE Consultation with a skilled Uncontested Divorce Lawyer in Nassau County.
If you live separately and apart from your spouse but don’t want to end the marriage with divorce, the parties could enter into a Separation Agreement. A Separation Agreement is a written agreement you and your spouse sign voluntarily without going to court. Often, a separation agreement can give you and your spouse the time to separate that you need when trying to repair a marriage that may be falling apart. A separation agreement allows you to work things out slowly and over time without the pressure of divorce proceedings hanging over your head.
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Some legal reasons for divorce in NYS. are; domestic violence, abandonment for one or more years, confinement of a spouse in prison for three or more consecutive years following the marriage, and adultery.
In addition, living apart following a written separation agreement signed by the parties for one or more years is grounds for divorce in NYS.
It is pretty challenging to estimate how much a divorce will cost, but it could be anywhere from a few thousand dollars to well over a hundred thousand dollars.
Even though you are under no obligation to do so, it is wise to consult with an attorney- for any reason you may have to set foot inside a courtroom. This is particularly true of high asset divorces. The top rated Divorce Lawyers in Nassau County will counsel you on the matter.
The spouse with more income will usually be ordered to pay the other spouse alimony. In a Contested Divorce, the court will decide the amount.
In New York, assets of a marriage are distributed “equitably.” Equitable distribution means courts try to achieve a fair allocation of property based on a list of factors or guidelines set forth by New York State Law.
The time you must be divorced from your spouse before filing in New York depends on your claim grounds. You must have been apart from your wife for a minimum of a year to get a “no-fault” divorce. The settings for your fault-based divorce will determine the duration of your separation.
After the divorce is final, either party may start using their pre-marriage name once more.
In New York, a marriage can be annulled if:
If your divorce claim is based on the grounds of desertion, you must prove that your spouse left you for at least one year or more. If you depend on the incarceration defense, you must demonstrate that your partner has been in jail for a minimum of three years.
Before filing for divorce based on the grounds of living apart due to a separation agreement between the parties, you must wait at least a year following the execution of the agreement,
The No-Fault statute in New York requires one side to affirm in court that the relationship has been irreconcilable for at least six (6) months.
An uncontested divorce can take less than 2 months in some cases. If you have all your documents in order before you file, it will go much quicker than if you don’t.
An uncontested divorce can be completed, with the assistance of a competent attorney, for somewhere in the area of $2,000, give or take. It depends on the issues involved like child custody, alimony, etc. Speak with a skilled Uncontested Divorce Lawyer in Nassau County for free. Quick and easy consult!