Family Divorce Lawyer
Family Divorce Lawyer in Nassau, Queens, and Suffolk County
When couples walk down the aisle, divorce is the furthest thing from their minds. And still, nearly half of marriages end in divorce or separation. Despite what some may believe, even the most cordial separations can lead to significant emotional and financial strain, especially when children are in the picture.
At The Law Offices of Seidner & Associates, PC, our focus during divorce negotiations is to protect your rights as a parent, your financial assets, and your personal safety (in situations involving domestic violence). With family law attorney Matthew S. Seidner’s over two decades of extensive background in handling contested, uncontested, and high net-worth divorces in Nassau County, Queens County, and Suffolk County, we are well-equipped to guide you through the unique challenges of your divorce.
The Divorce Process in Nassau, Queens, and Suffolk Counties
Under New York matrimonial law, there are two main ways to get a divorce: contested and uncontested.
Uncontested divorce: In these family law cases, both partners agree it is time to end the marriage. They work together on splitting up the money, and property, while also deciding on child support and where the kids will live.
Contested divorce: In these divorce cases, partners do not agree on how to handle things in the divorce. Then, the court steps in and makes the decisions for them.
To get divorced in Nassau County, Queens County, or Suffolk County, you need to meet certain living requirements and have a good reason (“legal ground”) for it.
You must meet at least one of the following residential requirements:
- You both lived in New York (NY) as a married couple, and one of you stayed here for a year before filing for divorce.
- Your marriage happened in New York, and at least one of you has lived here for a year before asking for a divorce.
- The reason for your divorce occurred in New York, and one of you has lived here for a year before filing.
- Both the reason for your divorce and your living in New York happened before you filed for divorce.
- If you didn’t get married in New York, then one partner needs to have lived here for two years before asking for a divorce.
As for the legal grounds, there are seven reasons you can use to ask for a divorce:
- No-fault divorce: Also known as the “irretrievable breakdown of the marriage”, this is where you both agree the marriage is not working and hasn’t been for six months. You have already determined how to divide your assets, child custody, and spousal support.
- Cruel treatment: One partner treated the other cruelly, either physically or mentally, in the last five years.
- Adultery: One partner cheated during the marriage.
- Divorce after legal separation: You have lived apart for a year after signing and filing a legal separation agreement.
- Divorce after a judgment of separation: You have lived apart for a year after the Supreme Court filed a separation judgment.
- Abandonment: One partner left the other for a year or more, or refused to have a physical relationship.
- Imprisonment: One partner was in prison for three or more years during the marriage.
Need legal representation? Fill out our contact form with some information about your case/concern which will remain private. We will respond to any inquiry as soon as possible.
Your Step-by-Step Guide to Divorce Proceedings
Once you know that you meet the residency requirements and have chosen the grounds for your divorce (“fault” or “no-fault”), here are the next steps our divorce attorney will help you in the following ways:
- Get the necessary forms (Summons with Notice or Summons and Complaint, Statement of Net Worth, Custody/Visitation Plan, and so on), and file them with the County Clerk’s office.
- Legally notify your spouse about the divorce by “serving” them the papers (through someone other than you).
- Your spouse has a set amount of time, usually 20-30 days, to respond. They can agree, disagree, or fail to respond, which can lead to a default divorce.
- You might need temporary orders from the court for family law issues like child custody, support, or alimony while the divorce is in process.
- Both sides exchange information about finances, property, and other family law matters. This can involve submitting documents, answering questions, or even court appearances.
- Many divorces are settled out of court. But if you cannot agree, we will go to trial, where a judge will make the decisions for you.
- If you settle, the judge will review your agreement to make sure it’s fair. If you go to trial, the judge will issue a judgment.
Take Control of Your Divorce: Call Our Family Law and Divorce Lawyers in Nassau, Queens, and Suffolk County
At the Law Offices of Seidner & Associates, PC, we’re here to not only provide you with legal representation but also protect your financial and emotional well-being, as well as that of your family, when you might struggle to do so yourself. Reach out to our law office at (516) 345-9900 to get started with your complimentary consultation.