Nassau County Divorce Lawyer
Serving Long Island and New York, Including Nassau, Suffolk, and Queens Counties
Deciding to pursue a divorce is often a deeply personal and challenging decision for spouses, marked by emotional turmoil and potential conflict. The process can quickly become complex, involving factors such as asset division, custody arrangements, and alimony, often leading to stress and uncertainty about the future. However, the experienced Nassau County divorce attorneys at Winter & Grossman, PLLC, are dedicated to guiding clients through this difficult time.
With a focus on your unique circumstances and goals, we offer compassionate, personalized legal representation aimed at minimizing stress and achieving favorable outcomes efficiently and effectively. Your divorce is not just a matter of filing some paperwork or checking the correct boxes. You want a divorce attorney in Nassau County, NY, who understands your unique situation as well as legally protects your best interests.
To speak with a Nassau County divorce attorney, contact us online or give us a call at (516) 447-8977 today.
What Are the Grounds for Divorce in New York?
New York is a “no-fault” state — a spouse can allege that the parties’ marriage has been irretrievably broken for a period of at least six months to seek a divorce.
While “no fault” is the most common and cost-effective basis, another basis for divorce may better serve you. New York recognizes a total of seven separate possible grounds for divorce.
- Cruel & Inhuman Treatment: To be sufficient grounds, the treatment complained of must have endangered the physical or mental well-being of the spouse seeking a divorce or must have made it unsafe or improper for that spouse to cohabit with the other.
- Abandonment: Abandonment by a spouse for a period of a least one year is also a basis to seek a divorce. Abandonment may be actual (i.e. a spouse physically leaves the marital home without any intention of returning) or “constructive” (i.e. refusal to engage in marital relations for at least one year).
- Imprisonment: The confinement of one spouse in prison for a period of three consecutive years (or longer) after the marriage is sufficient grounds.
- Adultery: Sexual intercourse or other such conduct by one party to a marriage with a person other than their spouse may be grounds for divorce.
- Divorce After a Judgment of Separation: When spouses have lived apart pursuant to a decree or judgment of separation for a period of at least one year, the court may grant the parties a divorce on that basis as well.
- Divorce After a Legal Separation Agreement: When spouses have signed and filed a valid separation agreement with a county clerk and have lived apart for at least one year pursuant to the terms of such agreement, a divorce may be granted.
- Irretrievable Breakdown: This cause of action is sometimes referred to as “no fault.” To proceed with a “no-fault” divorce, one party must state under oath that the relationship between the spouses has broken down irretrievably for a period of at least six months.
What Are the Requirements for Filing for Divorce in NY?
The Domestic Relations Law of New York provides that an action for divorce may be brought if:
- The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding; or
- The parties have resided in this state as spouses and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding; or
- The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action; or
- The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action; or
- Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action.
If you have any questions about whether or not you meet the residency requirements or have grounds for a divorce or separation in the state of New York, please contact our office for a consultation.
Grounds for Separation in New York
Married parties who are not ready to proceed with a divorce can alternatively seek a judgment of separation based upon similar causes (except that New York does not provide for a “no-fault” separation). While married parties wishing to separate generally proceed with a divorce, there are limited, fact-specific considerations that may make a separation more appropriate.
Do You Have to Be Separated for a Year to Get a Divorce in NY?
In New York, the time you must be separated from your ex-spouse before filing for divorce depends on the grounds for divorce. For a no-fault divorce, you must be separated for at least one year. If you plan to use a separation agreement as the basis for a divorce, you and your spouse must have lived apart for at least one year. The agreement must be properly executed and filed with the Nassau County Clerk's office.
How Long Does It Take to Get Divorce in Nassau County?
In Nassau County, an uncontested divorce can take 3-6 months from the date the divorce package is submitted to the court. However, the time can vary depending on how busy the court system is. The fastest way to get an uncontested divorce in New York is to state on your divorce papers (under oath) that your marriage has been broken "irretrievably" for six months.
However, before a judgment of divorce may be entered, the statute also requires the resolution, either by the parties or the court, of all other issues, including custody/access, equitable distribution, spousal support, child support, counsel, and experts' fees and expenses.
Protect Your Assets During a Divorce
Divorce can be a complex and emotionally challenging process, especially when it comes to dividing assets. At Winter & Grossman, PLLC, our experienced divorce attorneys understand the importance of protecting your financial interests during this time. We work closely with our clients in Garden City, NY and the surrounding areas to ensure a fair and equitable distribution of assets.
Here are some key considerations when it comes to protecting your assets during a divorce:
- Understanding Marital vs. Separate Property: It's crucial to identify and differentiate between marital property (assets acquired during the marriage) and separate property (assets owned prior to the marriage or acquired through inheritance or gift). Our attorneys can help determine what falls into each category.
- Valuing and Appraising Assets: Accurately valuing assets such as homes, businesses, investments, and retirement accounts is essential for a fair division. We work with trusted professionals to ensure proper appraisal and valuation.
- Negotiating Settlements: Our skilled negotiators can help reach a settlement that protects your interests. We will work diligently to secure a favorable outcome, whether through mediation or litigation.
- Protecting Business Interests: If you own a business, we can assist in evaluating its worth, determining ownership rights, and developing strategies to safeguard your business during the divorce process.
- Alimony and Child Support: We will advocate for fair spousal support and child support arrangements, taking into account your financial situation and the best interests of any children involved.
Divorce is never easy, but with Winter & Grossman, PLLC by your side, you can have peace of mind knowing that your assets are being protected.
Contact us today by calling (516) 447-8977 or online to schedule a consultation and discuss your specific divorce needs and concerns with out Nassau County divorce attorneys.
How Can Our Nassau County Divorce Attorneys Help?
Winter & Grossman, PLLC, recognizes the substantial impact divorce can have on spouses and their families, extending well beyond legal implications to affect emotional health and familial dynamics. By prioritizing a personalized approach, our Nassau County divorce attorneys strive to mitigate the stress and turbulence often associated with the divorce process. Our aim is not just to represent you legally but to ensure that your emotional well-being and the stability of your family are preserved throughout the proceedings. We offer a guiding hand, informed advice, and a sympathetic ear at every stage, ensuring that you feel supported and understood.
Services offered by our family lawyers include:
- Legal Counseling and Representation: Providing expert legal advice and robust representation in court to protect your interests.
- Mediation Services: Facilitating negotiations between spouses to reach amicable agreements on contentious issues outside of court.
- Child Custody and Visitation Rights: Advocating for favorable custody arrangements that prioritize the well-being of your children.
- Child Support: Ensuring that child support payments are fair, reflecting the financial realities and needs of both parties.
- Spousal Support: Negotiating alimony terms to maintain financial stability post-divorce.
- Asset and Debt Division: Helping spouses achieve equitable distribution of marital property and liabilities.
- Post-Divorce Modifications: Assisting with changes to child custody, support, or alimony arrangements as circumstances evolve.
- Prenuptial and Postnuptial Agreements: Drafting and reviewing agreements to protect assets and clarify financial rights before or during marriage.
- Legal Separation Agreements: Offering legal guidance for those seeking separation as an alternative to divorce.
- Protective Orders: Securing legal protection for those facing domestic violence or harassment.
Our dedicated team works diligently to tailor our services to meet the specific needs and goals of each client, ensuring a compassionate and comprehensive legal strategy.
Helpful Resources
Do you have any additional questions? Contact us at (516) 447-8977. Our Nassau County divorce lawyers can help.
“The best! Very professional. Fantastic staff, incredible attention to detail.”