Nassau County Divorce Lawyer
Serving Long Island and New York, Including Nassau, Suffolk, and Queens Counties
If you have any questions about whether or not you meet the residency requirements for divorce or separation in the state of New York, or have grounds for a divorce or separation, please contact our office for a consultation.
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.
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, beyond legally protecting your best interests, understands your unique situation.
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.
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.
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 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).
The confinement of one spouse in prison for a period of three consecutive years (or longer) after the marriage is sufficient grounds.
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.
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.
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 to schedule a consultation and discuss your specific needs and concerns.
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.
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