When you need a lawyer who specializes in divorce.

Divorce Lawyer Nassau County

Rest easier with a top Nassau County Divorce Lawyer on your side.

Divorce Lawyer Nassau County

What is a divorce?

Divorce is the end of a marriage by court order. It is legally binding. A divorce may also be referred to as a matrimonial action in legal terminology. The person who files the divorce is called the plaintiff and the person who responds is the defendant. Please call to consult with a Nassau County divorce attorney to hear all your options. 

Divorce Lawyer Nassau County

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A divorce story…

Imagine you are a woman living in the suburbs with your husband and 3 school age children. Your husband has a very good job on Wall St. in the finance industry and you are a registered nurse. Your husband’s job, according to him, requires that he often stay out late, taking clients and prospects to dinner.

You start to notice signs that your husband is a little distant when he is around you. One day you decide to look at his social media. Ok, nothing jumps out at you… but, maybe.

Now your imagination starts to race and you wonder if the reason he is indifferent to you is because he is having an affair. So, you check his phone voicemail and texts. There it is: messages from another woman. They are not incriminating in and of themselves, but still, highly suspicious. Now you start to doubt yourself. You wonder if you are imagining things. Ok, so what’s the next step?

You decide to hire a private investigator who specializes in marital infidelity. It sounds crazy, right? In a million years you never would have pictured yourself doing this, but you want to put your mind at ease. After all, if you are imagining things, isn’t it better to be sure, and clear your husband of all suspicion? Maybe it’s something you’ve done that’s made him act this way.

If that’s the case, you two could go to couples’ counseling and work this out. But first, let the private eye do their thing and check it out.

After all, if your husband is having an affair and he leaves you for another woman, what will happen to your children? Will he take them? The house? Can you still live there? Your mind is racing.

A week later the PI comes back with bad news, you were right, he is having an affair. The PI tells you to see a divorce lawyer, asap, so that you can protect your rights and file for divorce first. The PI mentions that the plaintiff in a divorce case usually gets preferential treatment from the court, as the ‘wronged party’.

 

man in road

Deciding Whether to

Consult with a Nassau Country Divorce Lawyer

Throughout your ordeal, you’ve been sharing your heartache with one of your friends at work. She mentioned to you that one of the doctors she knows is going through a divorce and he complained that the judge ordered him to pay for his wife’s lawyer. Something about the ‘moneyed spouse’, where the spouse making more money can be ordered by the court to pay for the other’s legal fees during the divorce. 

    So, after giving it some careful thought, you decide to visit a divorce attorney for an initial consultation, just to see what your rights are if you decide to move ahead. Mind you, you haven’t made up your mind yet, but you’d like to be well informed of all your options.

The Consultation

At your initial consultation with the divorce lawyer, he or she may ask you about the circumstances surrounding your complaint, your employment, assets, children and retirement plans. The lawyer will also ask if you have a prenuptial agreement.

You never considered a prenup because you thought it would show your spouse distrust, and besides, your mother and father never had one.

The lawyer explains that a prenuptial agreement is a contract between two people who intend to get married. It essentially lays out what will happen if there is a divorce, including how the assets will be divided.

Not all prenups are ‘written in stone’, and a good lawyer can contest a prenup if there are grounds to believe it was coerced or that one of the spouse’s was not competent to understand it when they signed it.

Anyway, you tell the lawyer you will think about it and get back to them. You discuss the matter with your friend at work. You confront your husband about the affair. He insults your intelligence and lies about it with total disregard for your feelings. That’s it! You’re going back to the lawyer and stating the process of getting divorced!

divorce lawyer freeport

What is the Divorce Process in Nassau County?

Once you’ve hired a divorce attorney, they will start the divorce process by writing up your Verified Complaint, detailing the grounds for the divorce as well as other details required by law. The lawyer will buy an index number at the County Clerk’s Office and file the Verified Complaint with the clerk.

After the complaint is filed with the clerk, your lawyer will have a process server serve the complaint and summons on your spouse.

You live in the same house, what happens when you serve your spouse with divorce papers?

This scenario can play out in several different ways. For example, the two of you could remain civil in your residence while things move forward. Your spouse may opt to move out. If your spouse gets violent with you, you can file a domestic violence complaint against them with the police and have them removed from the house. In most cases when this happens, there is an Order of Protection issued by the court. This may also be referred to as a “stay away order”. This order carries with it the full weight of the court. If you violate this order, you can be arrested and taken to jail, no questions asked!

What if my spouse and I decide to amicably end the relationship?

You can end a marriage without an attorney, if you so decide. This is called an Uncontested Divorce. Basically, what this means is that you both agree on all terms of the divorce, including child custody and asset division. These are often complicated matters and it is best to consult with a qualified Nassau County Divorce Lawyer before making any decisions which could permanently affect your future. When an Uncontested Divorce goes through the court and is ruled on by the judge, it is the same as if you went to court with lawyers and battled it out. It’s real and it’s final.   

 For more information on filing fees, completing and serving papers, placing your case on the court’s calendar, and other procedures, please carefully follow the Uncontested Divorce Forms Packet Instructions. You can also use the DIY (Do-It-Yourself) Uncontested Divorce Program if you are filing for an uncontested divorce, your marriage has been over for at least six months, there are no children under 21, and all marital property issues, including debt, have been settled.

Getting Divorced in NYS Supreme Court

The NYS Supreme Court is located at 100 Supreme Court Drive, Mineola, NY 11501 in Nassau County. This is where your divorce proceeding will take place. If you are getting a divorce, you should be prepared for the mental stress of a trial, countless court conferences in which your lawyer will battle over all the contested issues of your divorce. It isn’t pretty. Even if you are right, court is not the first place you’d want to be. But, in some cases, it is a necessary evil, and the outcome is for the better.

divorce lawyer garden city

What Happens During a Divorce trial?

The trial is when your lawyer goes head-to-head with your spouse’s lawyer, trying to get you all the benefits they can. A divorce trial will often include witness testimony and submission of evidence. For example, if one of the spouses is accused of cheating, there could be witness testimony from a private investigator, your lawyer could question your spouse or their paramour about their relationship, including all electronic communications via cell phone, computer, social media, written notes/ letters. It’s all up for grabs, unless the judge rules it is inadmissible.      

 

Of course, when you choose a matrimonial lawyer, you should make sure they have a good track record; they specialize in divorce, they’ve been doing it for many years, and they have references you can call to ask about them. You can’t always trust Google reviews because sometimes lawyers, as well as other businesses, may hire people or pay people for fake reviews. The best thing would be to speak with several their past clients, if at all possible. 

The Most Contentious Part of a Divorce is Often Child Custody

Child custody, for all intents and purposes, is probably the one aspect of divorce that drives up the costs immensely. Parents want their children- it’s that simple. Think about it, if your husband cheated on you, would you want him raising your children and imparting those values on them? No, you would do anything in the world to prevent this. And once again, keep in mind, your lawyer can file a motion to have the court order your spouse to pay for your legal fees. Make sure and inquire about this.  

father-and-son

Child Custody

Legal Custody and Physical Custody

Helpful Resources for Families in Need

Nassau County Courts

Nassau County Supreme Court

100 Supreme Court Drive Mineola, NY 11501
Phone: 516-493-3400

Nassau County Family Court

1200 Old Country Road Westbury, New York 11590
Phone: 516-493-4000

Nassau County District Court

99 Main St, Hempstead, NY 11550
Phone: 516-493-4200

Nassau County Department of Social Services

60 Charles Lindbergh Boulevard Uniondale, NY 11553-3656
Phone: 516-227-8519

Nassau County PINS- Persons In Need of Supervision

60 Charles Lindbergh Boulevard Uniondale, NY 11553-3656
Phone-Information and Intake : 516 – 227-8404

Nassau County Juvenile Detention Center

61 Carman Ave, Westbury, NY 11590
Phone: 516-571-9260

Get answers from the best Divorce Lawyer in Nassau County: Divorce FAQS

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:

  • The previous marriage is still in effect, and one of the spouses’ ex-spouses is still living ,
  • One or both spouses is emotionally disabled or suffering from a mental disease,
  • Physical intimacy is not possible,
  • Fraud or deception was used to get consent for the marriage, or
  • One of the partners has had an incurable mental disorder for at least five years.

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!  

Schedule An Appointment Today
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REASONS TO CHOOSE US

You will receive one on one personal attention and guidance.

We have over 40 years combined legal experience. We are conveniently located in Nassau, NY. The locals that know the ropes!

You are extremely important to us, which is why your calls will always be returned as a priority.

We are aware of the cost of litigation and we do our best to keep your cost as low as possible.

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