Going through a divorce is miserable. But it can also be a positive step forward in your life. Hiring the best divorce lawyer in Nassau County should be your first choice. We help our clients with; child custody, high net-worth divorce, visitation, support matters, contested divorce, uncontested divorce, adoption, and same-sex divorce. You’re entitled to the support and legal guidance of the best divorce attorneys in Nassau County. Why not take advantage of it?
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. 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.
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.
Top Rated Divorce Lawyer in Nassau County: Alimony Basics
A Petition for Visitation can be filed in court by anyone that is significant to the child’s life such as the parents, grandparents, and even the siblings. The court then makes it’s decision on who to grant the visitation rights or legally referred to as “parenting time”. In order to win visitation rights for their client, the lawyer of opposing party will present to the judge the negative behavior of the other side. If you’re faced with such a lawyer, then you need strong representation from an experienced divorce lawyer who as the knowledge and expertise that can out-manuver these tactics aimed to deny you visitation with your children.
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.
Even though divorce requirements for same-sex couples and marriages are the same as 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 to your favor.
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 one spouse or the other prove why 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 might be beneficial to work with an experienced divorce attorney.
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.
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.
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