Divorce Lawyer in Nassau County, New York
Personalized Family Law Counsel for Divorce in Nassau County, NY
The Law Office of Tzvi Y. Hagler, P.C. offers comprehensive services for people going through divorce in Nassau County, NY. Our experienced Nassau County divorce attorneys can help you navigate the legal complexities of all family law-related issues, such as division of assets, spousal support, child custody, and child support.
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). 8 . 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). 9 . 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 10 . 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.
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
New York Divorce Waiting Period
Many states have a waiting period for a divorcing couple between the initial petition for divorce and the time the divorce decree is official. The purpose of the waiting period in these states is to give the couple a chance to cool down and be sure that divorce is what they want.
However, there is no formal waiting period for divorce in New York. If both spouses agree to the terms of the divorce, then the divorce process can be completed in as little as a few months. If it is a contested divorce, then the process will likely take much longer.
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.