How to File for Divorce in Nassau County
These are steps to file for divorce in the state of New York:
- Determine if you meet the residency requirements necessary to file for divorce in Nassau County, NY. To be eligible, you must have lived in New York State continuously for two years and resided in Nassau County at least one year prior to filing.
- Collect all necessary financial documents related to your marriage such as tax returns, bank statements, investment statements, and any other financial information related to both parties’ assets and debts.
- Submit a Summons and Complaint form with the Supreme Court or Family Court of your county along with a $210 filing fee for an uncontested divorce or $310 for a contested divorce.
- Serve papers on your spouse informing him/her that the divorce is being filed and the date of the hearing (if applicable). This can be done through mail or via a third-party process server in most cases.
Attend a mandatory preliminary conference to discuss any issues related to child custody, visitation, support payments, division of property, etc., with your attorney present if desired.
If possible, draft an agreement that both parties can sign when it comes to issues such as spousal support and division of assets so that it doesn’t need to go before the judge at trial.
Participate in mediation if needed or attend trial if an agreement cannot be reached between both spouses after attempting mediation efforts first (for contested divorces only). - Attend a final hearing where the judge will make rulings regarding child custody/visitation rights, spousal support payments, division of property/assets, etc., based on evidence presented at trial (if applicable).
- File proof of completion for both parties concerning all court orders with the clerk within 10 days following judgment; this document will serve as confirmation that all court orders have been completed by each party involved in the case before it is officially closed out by the court system
- Receive Certification of Divorce from the clerk once all steps have been completed; this document serves as legal proof that your divorce has been finalized under New York state law.
Generally speaking, the road that leads a couple to divorce is filled with stress and difficult emotions, however, many people find that the process of filing and completing the divorce can be made much easier with the aid of an experienced NY divorce attorney in Nassau County.
What Are New York's Divorce Requirements?
The state of New York has laws in place that limit how a couple can get a divorce. There are two main criteria that must be met prior to filing for a divorce. The first is the residency requirement.
The residency requirement can be met when:
- At least one spouse has continuously lived in New York for a minimum of two years before filing for divorce
- Either spouse has continually resided in New York for at least one year before filing for divorce and (1) they were married in New York, (2) they lived in the state as a married couple, or (3) the grounds for divorce took place in the state
- Both spouses are residents in New York when the divorce is filed and the grounds for the divorce occurred in the state
If you desire to file for divorce in New York, you are also required to have a legally acceptable reason for the divorce.
The seven grounds for divorce in New York include:
- An irretrievable breakdown in the relationship that has lasted at least six months
- Acts of cruelty that have occurred within the past five years
- Abandonment for a year or more
- Imprisonment for three years in a row
- Adultery committed during the marriage
- A legal separation agreement has been in place for at least a year
- A judgment of separation given by the court for a minimum of one year
Does New York Have No-Fault Divorce?
Yes, in 2010, New York became the last state to provide a no-fault option for divorce. New York is not a pure no-fault divorce state since it still has fault-based grounds for divorce. However, couples now have a no-fault option through the ground that states an “irretrievable breakdown in the relationship that has lasted at least six months”.
Since New York joined the rest of the nation with its no-fault divorce option, this has allowed couples the ability to get divorced in the state through a much simpler and less expensive process. No-fault divorces tend to be faster to resolve.
If you have questions about filing for divorce in New York under no-fault or fault-based grounds, don’t hesitate to contact our firm.
Are Lawyers Necessary For Nassau County divorces?
In theory, it's up to you. A divorce without a lawyer is possible if you do not have children or assets. Having more things means having more to lose. Without an attorney, getting divorced with children and a high net worth is not advisable.
How is the Divorce Paid For in NY?
In divorce court, a phrase sometimes comes into play: the "moneyed spouse". Both parties are expected to live up to their own financial obligations. In many families, the person who has earned the most income is known as the "moneyed spouse". If you are married to someone who is making more money than you, the Nassau County court can make your spouse pay for your legal bill.
Receive the Personalized Attention You Deserve
At the Law Office of Tzvi Y. Hagler, P.C., we understand that every case and every client is unique. Just because our firm has handled numerous divorces in the past, does not mean that we have a one-size-fits-all approach. Our New York divorce lawyers in Nassau County are dedicated to devoting the time and attention necessary to analyze your particular situation and offer the most applicable guidance and solutions.
Divorce Mediation & Collaborative Divorce in Nassau County
In Nassau County, many couples are choosing alternative dispute resolution methods like mediation and collaborative divorce to settle their differences outside of a courtroom. Unlike traditional litigation, divorce mediation involves a neutral third-party mediator who helps facilitate negotiations between the divorcing parties. This process encourages open communication and cooperation, aiming to reach a mutually agreeable settlement. Since both parties work collaboratively, mediation can save both time and costs typically associated with court proceedings. Moreover, it enables the couple to maintain more control over the divorce terms, focusing on outcomes that are best suited to their specific situation. Collaborative divorce, on the other hand, involves each party hiring a collaborative lawyer. Both lawyers and their clients agree to work together to resolve outstanding issues without going to court. The collaborative process is designed to minimize conflict and stress, promoting a spirit of cooperation that can be particularly beneficial when children are involved.
Choosing these paths can be particularly advantageous, as one of their key benefits is confidentiality. Unlike court cases, which are public records, mediation and collaborative divorce sessions are private, which allows couples to keep their personal matters and financial information out of the public eye. Additionally, these approaches often result in more personalized agreements, crafted by the people who best understand their family dynamics—namely, the spouses themselves. By opting for a less adversarial and more conciliatory process, couples often find mediation and collaboration to be less emotionally taxing, reducing the strain on all parties involved, including any children. This approach aligns well with the mission of Law Office of Tzvi Y. Hagler, P.C., in supporting our clients through compassionate and individualized divorce processes.
Support Systems Available for Divorcees in Nassau County
Divorce can be challenging physically and emotionally. In Nassau County, there are numerous support systems available to help individuals navigate this difficult time. Local organizations and support groups, such as the Nassau County Family Court, offer workshops and seminars on coping mechanisms, financial planning, and co-parenting strategies post-divorce. These resources are invaluable in providing emotional support and practical advice for navigating new family dynamics. Accessing these services can result in healthier relationships with ex-spouses and a smoother transition for children involved.
For individuals seeking professional help, Nassau County also hosts a variety of licensed counselors and therapists specializing in divorce recovery. Therapy can offer a safe space to work through emotions such as anger, sadness, and fear, while building the resiliency needed to move forward. Programs aimed at children of divorced parents are also available, providing them with the opportunity to express their feelings in a supportive environment and learn effective coping mechanisms. Churches and community centers frequently host divorce recovery workshops where individuals can share experiences and advice in a group setting. By providing tailored support options specifically for divorcees, Nassau County ensures residents have access to essential resources to aid them during challenging transitions. At Law Office of Tzvi Y. Hagler, P.C., we recognize the importance of these support systems and strive to guide our clients toward resources that can offer additional comfort and guidance during their divorce journey.
For more information about divorce in New York, contact our knowledgeable divorce lawyer at (516) 514-3868.
