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Divorce Lawyer Garden City

Divorce Lawyer Garden City: How To Choose The Right Attorney

What is the difference between a “good” divorce lawyer and a great one?

A “good” divorce lawyer takes your call, listens to you briefly, fills you full of smoke, then hands your case off to an associate, possibly a recent law school grad. A great Garden City divorce lawyer listens to you intently to get an in depth understanding of what you expect out of the divorce, helps clarify your goals in a realistic way, then starts mapping out a strategy.

A “good” lawyer shows up in court, after having briefly reviewed your case 10 minutes before stepping inside the courtroom, makes a modicum show of a fight, then retreats at the first sign of adversity. A great divorce lawyer goes into court well prepared for battle, having carefully anticipated all of the opposition’s possible moves, then confidently presses forward.

A good lawyer comes to you, after having gotten steamrolled over in court, and apologizes for losing a “really tough case”. “But don’t worry, we’ll do better at the next hearing. By the way, did you remit your last payment?” A great lawyer comes back to you after court with a good report on the ground you gained, and leaves any awkward references to your bill for their office manager to handle, unless you have questions about it.

A “good” divorce lawyer sympathizes with you. A great one empathizes with you and takes your case personally.

Divorce Lawyer in Garden City:

Garden City Divorce Lawyer: Overview

If you are considering getting divorced in Garden City, you are no doubt under an immense amount of stress. The relationship with your spouse has taken its toll. But divorce is a major decision, and there is more than one way to go about it. Here are some of the main things to consider when getting divorced; your children’s well-being, the expense of a divorce, property and asset division, child custody, child visitation, and alimony. If you live in Nassau County and are seriously considering a divorce, why not call us for a free consultation? We’ll help
you go over your options. Speak to the best divorce lawyers in Mineola. 

Qualifying For Divorce in Garden City

New York has been a no-fault divorce state since 2010. This means that you do not need to prove that your spouse did something wrong to get a divorce. You only need to show that your marriage has “irretrievably broken down” and that there is no chance of reconciling. But to get a divorce, you need to have a legally accepted reason, also known as grounds, and a residency requirement provided by the state.
To find out more, you can start off by calling a top-rated Mineola Divorce Lawyer for a free consult.


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Divorce Lawyer in Garden City: Grounds For Divorce

New York allows both no-fault and fault-based grounds for divorce.

What are No-fault grounds for divorce?

New York is a no-fault state, meaning you do not need to prove that your spouse did something wrong to get a divorce. There are three cases where the no-fault grounds apply:

  • A spouse declares under oath that the marriage has been irretrievably broken down for six months or more.
  • The couple has been living apart pursuant to a separation agreement or judgment of separation for one year or more.
  • The couple has lived apart for at least one year under a written agreement and met the agreement’s condition.
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Fault Grounds for Divorce

New York also allows for fault-based grounds, which means you can file for divorce if your spouse has done something wrong. The four fault-based grounds are:

  • Cruel and inhuman treatment / Domestic Violence
  • Abandonment for one year or more, including constructive abandonment where a spouse refuses to have sex with the other partner.
  • The commission of an act of adultery.
  • Imprisonment of your spouse for three or more consecutive years after you were married.

Speak to a Divorce Attorney in Garden City about Residency Requirements For Divorce

Other than the grounds for divorce, you or your spouse must meet New York’s residency requirement to file for divorce in the state. The residency requirements include:

  • You or your spouse must have lived in New York State continuously for at least two years before filing for divorce.
  • You or your spouse must have lived in the county where you’re filing for divorce continuously for at least one year before filing, and the grounds of divorce happen in New York State. 
  • You were married in New York, or you’ve resided in New York as a married couple, and you or your spouse have resided in New York for at least one year before filing.
  • You or your spouse have resided in New York for two years or more before filing, and the grounds for divorce occurred in New York State, but you were married outside of New York. Contact the highly regarded divorce lawyer in Mineola for a free consult now.

The process of filing for a divorce in Garden City

The steps of filing for a divorce in New York are clearly outlined. The plaintiff will have to file certain documents in court. They include:

  • Notice of Automatic Orders: This form is to inform you about the automatic orders that go into effect as soon as you file for divorce in New
  • Summons With Notice or Summons and Verified Complaint: The summons will have the date of your first court appearance, and the verified
    complaint is where you state your grounds for divorce.
  • Notice Concerning Continuation of Health Care Coverage: New York law requires that health care coverage continues for you and your spouse
    during the divorce process.
  • Settlement Agreement: You and your spouse can agree on all the issues in your divorce, including property division, child custody, visitation, spousal support, and child support.

Divorce Lawyer Garden City: Types of Divorce

New York has two types of Divorce: Uncontested and  Contested.

Uncontested Divorce

In an uncontested divorce, both spouses agree on all the terms and do not need to go to trial. The New York courts encourage couples to agree on all the issues in their divorce outside of court. The steps of filling an uncontested divorce follow these basic steps:

  • The defendant’s affidavit: The Nassau County Supreme Court will send the spouse who did not file for divorce (the defendant) an affidavit to sign and return.
  • Filing final divorce paper: Once the defendant signs and returns the affidavit, the plaintiff can file for a final divorce decree. If there are no children under the age of 21 from the marriage and no relief is requested regarding spousal support, then you will not need to appear in court and can have your divorce finalized by mail.
  • Finalizing divorce: If you have children under the age of 21 or are requesting relief regarding spousal support, you will need to appear in court for a divorce hearing. The judge will review your settlement agreement and decide whether to approve it. Once the judge signs the agreement, it becomes a binding court order.
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Considering Getting Divorced in
Garden City?


Divorce Lawyer Garden City: Contested Divorce

In a contested divorce, the spouses cannot agree on all the terms and must go to trial. The New York courts will make all decisions regarding property division, child custody, visitation, spousal support, and child support.

The steps of filling a contested divorce follow these basic steps:

  • Serving the complaint: The spouse who filed for divorce will have to serve the other spouse with the summons and verified complaint.
  • Answering the complaint: The served spouse will have to file an answer to the verified complaint within 20 days or (30 days if served out of state)of being served.
  •  Filing for a trial: After both spouses have filed their answers, either can file a notice of trial. New York does not have jury trials in divorce cases, so it will be a bench trial where the judge decides the terms of the divorce.

It’s important to note that New York is considered an equal distribution state, which means that the court will divide the couple’s property and debt equally unless there is a compelling reason to do otherwise. This is when the help of a skilled Mineola divorce lawyer can make all the difference.

In cases regarding child support, the court will consider the child’s needs, the financial resources of both parents, and the child’s standard of living before deciding. New York uses a guideline calculation to determine child support payments.


High Net Worth Divorce: Assets Considered for Distribution

Business Holdings

A business owned by one spouse before the marriage may, in part, be subject to equitable distribution during a divorce. Different factors may affect a judge’s
decision about which spouse should retain what percentage of the business. Asset division is an intricate matter that should only be dealt with by a highly specialized divorce attorney with prior experience in business matters. Our Mineola divorce attorneys deal with business matters on a regular basis, and are well versed in this area of law.

Stocks and Bonds

Your assets may include investments such as stocks and bonds, annuities, and
mutual funds, to name a few. If you get divorced, the court will consider these
assets for distribution. What the courts may consider fair, you may not. That is why you need an attorney familiar with this specific area of law to protect your assets from being unfairly distributed.

Real Estate

The division of Real Estate investments, including your home and commercial
properties you and your spouse may own, will come under the scrutiny of a judge during your divorce. Opposing counsel will vigorously argue that that property belongs to their client and that the court’s decision should reflect this. You will need someone to stand up in court and make a strong case on your behalf. What you walk away with from a divorce depends largely on the quality of your representation. That is why you need the best divorce lawyers in Nassau County to represent y

401(k)s and IRAs

If you have a 401k or an IRA that is accruing interest and/or principal, are you
aware that this investment may come up for equitable distribution during a
divorce? The way your attorney handles these financial subtleties now may have a huge impact on your future, in particular, your retirement. You've saved all your life for a comfortable retirement, now is the time to take the utmost care in protecting it.

Bank Accounts

A bank account held in your name will be considered for distribution during a
divorce. The part of it you get to keep depends largely on the argument your
attorney makes in your favor. Having the right divorce attorney, battle-tested, can help you win this war.

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Garden City Divorce Lawyers

Child custody battles can be traumatic, especially if you don't have the right divorce lawyer. Look no further.

Where will your child live, with you or your ex-spouse? Who will raise your child, make important decisions in their life, and spend birthdays and holidays with them? When and how much time will they spend time with your ex? How much money will your ex have to pay you to help support your child? These are just some of the matters that arise in divorce court when child custody is at issue.  While your lawyer will put forth the best case possible in your child custody matter, at the end of the day, the judge will decide based on what is in the best
interest of the child. It is your lawyer’s job to prove to the court that you are the best interest of your child, meaning giving you physical custody of the child, as opposed to your spouse, will benefit the child the most.

What types of child custody are there?

There are two main types, which are broken down into sub-categories; Physical Custody and Legal Custody. 

Physical custody refers to where the child will live, whereas legal custody refers to decisions made on the child’s behalf, such as medical treatment, schooling, and religion.

Sole Physical custody means the child lives in the residence of one parent, oftentimes with the other parent being granted visitation rights. Visitation rights will be decided by the court if the parties can’t come to an agreement. A top divorce lawyer can make a serious impact on the court’s decision – in your favor.   

Shared Physical Custody is when the child lives with both parents at separate residences, on days agreed to or ordered by the court.

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Child Visitation - What are your rights?

If you are the non-custodial parent of the child, and you have not done anything in the past to seriously harm them, you have the right to spend quality time with your child and be a part of their life.  

When the parties can’t agree on a visitation plan, the court will hold a hearing to decide the terms of visitation. This is known as a “parenting plan.”

What are "supervised" visits?

Supervised visits usually stem from Child Protective Services (CPS) involvement in the case. An example of this might be if one parent has abused or neglected the child in a way as to cause CPS to investigate. Another time supervised visits may come into play is when there was domestic violence in the home, and the court believes that unsupervised visits with the offending parent may have a deleterious effect on the child’s health or well-being. 

Supervised visits, as ordered by the court, can take place at a local Department of Social Services Office, or at a relative’s home, as specified by the court.

What are some of the factors that go into the court's decision to grant custody?

  • The parent’s ability to take care of the child
  • The child’s health and the parent’s health
  • The child’s current standard of living (and which parent will best be able to maintain it) 
  • The child’s choice of which parent they want to live with

These are all factors the court will consider, and which your divorce lawyer should vigorously promote on your behalf. The bottom line is the child’s best interest. If you want sole physical custody of your child, your lawyer has to make the judge believe that living with you is in the child’s best interest.

Garden City Divorce Attorney: Fearless in Same Sex Divorce Matters!

Same-Sex Marriage and Same-Sex Divorce Treated Equally in NY

In 2011, NYS passed the Marriage Equality Act which gave same-sex couples and members of the LGBTQ community the same rights as opposite-sex couples. Up until now, the federal laws have not been the same on this matter, but as of today, there is a bill in front of The House of Representatives making same-sex marriage equality the law, across the board. The bill is expected to pass in December. Senate Majority Leader Charles Schumer has been lobbying hard for The Respect for Marriage Act to become federal law, since his daughter Allison is in a same-sex marriage. The House needs to approve the legislation before sending it to President Joe Biden’s desk to be signed into law. This could happen as early as next week
(the first week in December 2022).

If you need an attorney to help you sort out the benefits and rights you are entitled to in a same-sex divorce, please call our firm. We are proud supporters of the LGBTQ community and firmly believe in equality, as guaranteed by the Constitution of the United States of America.

Fathers' Rights Lawyer

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Traditionally, it has been the case in most divorces, that judges would
automatically award custody of the child to the mother, under the assumption she would do a better job of raising and taking care of him or her. There was a huge backlash from fathers' rights organizations which helped shed some light on the matter, and even out the playing field. Now, when a court is deciding custody, the knee-jerk reaction of giving the child to the mother is a thing of the past. Judges are more inclined to look closely at different aspects of the parents’ lives, as well as
the child’s, in order to make fair and unbiased decisions in the child’s best interests.

As a result, more fathers are getting awarded child custody.

Garden City Alimony Lawyer

Do You Have Questions About Alimony?

Alimony is also referred to as spousal support or maintenance. It can be long or short- term, depending. A short -term support motion can be made by your lawyer for spousal support while the divorce is still going on. A court will take some of the following into account when determining which spouse will pay what amount; the current and future estimated incomes of both spouses, and whether or not children from the marriage are disabled and will need long-term care, to name a few.

Alimony is a very complex aspect of divorce and needs the oversight of a skilled attorney who knows how to pay attention to the details, without letting things slip through the cracks.

If you have a pending divorce proceeding and have any questions, or want a second opinion on your current divorce, please give us a call. We’re here to help you.

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To speak to an Empathetic Mineola divorce lawyer for some peace of mind.

Child Support

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As a rule, child support in NYS is governed by a formula which calculates the approximate payment. There may be other factors which can affect this calculation, so you may want to consult an attorney to find out more. Here is a link to the government website which helps you calculate the amount you may pay for support:

Garden City Divorce Attorney: Fighting for Your Child Support!

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Cheating or Adultery is considered a Fault-based ground for divorce in New York. Other examples of Fault-based Divorce are Domestic Violence, Abandonment, and Imprisonment.

Since most families have both spouses earning, the Court will decide based on several factors. There are cases where the ex-wife is the one to pay.

If you were ordered by the Court to pay child support, you will be charged with Contempt of Court if you stop paying Child Support.

Anyone can file for divorce, whether one is against it.  A spouse who wants the divorce does not need consent to file.

If you are concerned about yourself and your children’s safety because of domestic violence in the household, then asking the Court for Restaining Order/Order of Protection is your only option. The time to ask the Court is now. Do not wait. Protect yourself and your children.