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Nassau County Divorce Lawyer

The outcome of a divorce can affect a family in multiple ways. Because it affects so many pertinent issues: child custody, spousal support, property division, and child support – the result will affect you and your children emotionally and financially for years to come. This is why we consider it of the utmost importance to properly represent our clients’ interests in their divorce cases. If you’re facing a divorce on Long Island, contact a skilled Nassau County family lawyer from the Law Offices of Jay D. Raxenberg, P.C. for a consultation today.

How a Long Island Divorce Lawyer Can Help You

Divorce is a legal process that will end your marriage. There is often a great deal of paperwork involved in legally ending a marriage, and it is important that this paperwork is handled properly so your divorce can be processed as quickly and smoothly as possible. There are also important issues that must be addressed – custody, support, and property division. A divorce lawyer from our firm can not only help ensure that all of your paperwork is properly handled, but also make sure your interests are well-protected as these arrangements are made. Our goal is to help you reach divorce terms that actually work for you and your family.

Contested Vs. Uncontested Divorces in NYS

Depending on the situation, a Long Island divorce may be contested or uncontested. A contested divorce is one that must be resolved with the help of the court. The spouses cannot agree upon the terms of their divorce agreement and therefore must have them ruled upon by a family law judge. In an uncontested divorce, both spouses will reach their own agreement – outside of the courtroom – regarding every issue related to the legal end of their marriage.

What are the grounds for divorce in New York State?

The requirements in order to file at all include having been married in the state of New York, residing in the state as husband and wife, having at least one spouse be a New York resident for at least one continuous year prior to filing and the grounds for the divorce occurred in this state.

Prior to the passage of the new law, a party had to show some type of reason for the divorce, whether it was adultery, cruel treatment, abandonment, or some other similar wrongful action. The no-fault law allows for husbands and wives whose marriage is irretrievably broken for at least 6 months to file for divorce, as long as one of them testifies that the marriage cannot be repaired. Let the firm help you determine the best way to proceed with your divorce by contacting the caring and professional legal team at the firm.

How long do I have to live in New York to get divorced here?

In order to commence an action for divorce in New York, one of the five following requirements must be satisfied pursuant to Domestic Relations Law § 230:

  • 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 husband and wife 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 were 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.

I don’t know where my spouse is – can I still file for divorce?

Yes, you can. You traditionally need to personally serve your spouse upon commencing an action for a Summons with Notice. However, with leave of Court, if upon reasonable due diligence, your process server is unable to personally serve your spouse, you can make an application for substituted alternative service. In lieu of personal service, the Court can authorize publication to effectuate appropriate service.

How is child support calculated?

Child Support is calculated pursuant to the Child Support and Standards Act (CSSA). The non-custodial parent/monied spouse is responsible for the financial support of the parties’ child(ren) calculated on his or her adjusted gross income and based upon the number of children in the parties’ marriage (i.e. one child will receive 17% of the non-custodial parent’s adjusted gross income, two children will divide 25% of the non-custodial parent’s adjusted gross income, three children will divide 29% of the non-custodial parent’s adjusted gross income, four children will divide 31% of the non-custodial parent’s adjusted gross income…). Basic child support represents food, clothing, and shelter expenses, and ends upon the emancipation of the child’s 21st birthday or another emancipating event.

Furthermore, there are statutory add-ons to the basic child support where the non-custodial parent would be responsible for a pro-rata contribution towards the children’s unreimbursed medical, dental, therapeutic, optical, and hospitalization expenses. Lastly, there is also a component of childcare expenses. When the custodial parent is gainfully employed, he or she is entitled to receive financial contributions from the non-custodial parent on a pro-rata basis towards the child care expenses of the parties’ child(ren).

How is child custody determined?

Child custody is based on the best interest of the child standard. The courts typically assign an Attorney for the Child (AFC), who will advocate the position of their client. When the child is incapable based on age, to articulate a position, the AFC will substitute their judgment for that of the client utilizing the best interest standard. Moreover, the courts look at various factors; environmental, economic, emotional support, and who has been the primary caregiver to the child(ren), along with looking at the health of the parties and whether one parent is more suited to fostering, promoting, and encouraging a relationship with the child(ren) and the non-custodial parent.

What are my options if my spouse isn’t cooperating in a divorce?

The attorney, on behalf of the client, will pursue judicial intervention including, but not limited to, motion practice to order the non-cooperating spouse from adhering to his or her court-ordered obligations.

Who can benefit from retaining a Long Island divorce lawyer?

It is important that a prospective client, when retaining a divorce lawyer, pursues someone whom they feel comfortable with as they will be going through one of the most emotionally challenging times of their life and need to be reassured that their attorney will be responsive in their communications with the client, keep him or her informed of all developments in their case, provide an accurate assessment of the issues they want to be addressed in their matter without any embellishments or unrealistic expectations. Your attorney should be willing to provide his or her cell phone number in the event of an emergency and should be expected to return your call the very same day that you reach out to your counsel.

There is a benefit to retaining a divorce lawyer, rather than mediation, as your retained counsel is supposed to zealously advocate for your best interest in contrast to a mediator, whose role is to draft an agreement that does not necessarily reflect, protect, or serve the best interest of a party.

A divorce is the end of a marriage but can also be a new beginning. No matter how you look at it, there are bound to be some complexities or issues that will need to be resolved, and whether you and your spouse are able to handle these inside or outside of court may have a significant impact on the final terms of your divorce and therefore your family’s future. This is why we recommend working with a Long Island divorce lawyer as early in the process as possible.

Important Divorce Do’s and Don’t’s

Divorce is a difficult decision to make, but with the help of a Long Island divorce lawyer from the Law Offices of Jay D. Raxenberg, they can guide you through the complex procedures and help you take the necessary steps to accomplish this with the least amount of trouble possible. There are certain actions you should do and certain ones you should avoid.

Do’s

  • Consult with a reputable and compassionate divorce lawyer.
  • Make copies of all important relevant documents for at least the last three years of your marriage. This could include tax returns, bank statements, mortgage payments, and any other financially related paperwork such as pay stubs and stock certificates.
  • Ensure your medical coverage continues despite possibly being removed from a spouse’s return.
  • Take photos or videos of your home and its contents, to avoid contention regarding what property is part of the marital home.
  • Consider the tax consequences of a property settlement in divorce. The attorneys at the firm can help you with this.
  • Consider the best interests of your children when negotiating custody, visitation, or support, as the court will have that as their main focus.

Don’ts

  • Don’t avoid consulting an attorney, it can make all the difference in the outcome.
  • Don’t speak badly about your spouse to your children. The court frowns heavily on this, as it is in your child’s best interests to maintain a healthy relationship with both parents.
  • Don’t seek revenge as your goal in divorce.
  • Don’t compare your divorce to someone else’s. They are all unique.
  • Don’t use the same attorney as your spouse. This can cause a major conflict of interest in settling many issues.
  • Don’t move out of your home without consulting with an attorney.

Contact a Skilled Long Island Divorce Lawyer Today

Don’t face a divorce or any other family law matter on your own. Contact a knowledgeable and compassionate Nassau County divorce lawyer from the Law Offices of Jay D. Raxenberg P.C. for a free initial consultation today. We proudly represent clients throughout Nassau County, including in Garden City, Woodbury, Roslyn, Manhasset, and Great Neck, as well as all of Suffolk County.

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