Frequently Asked Questions
Answers From A Long Island Family Lawyer
At Hedayati Law Group P.C., our team of Long Island divorce lawyers tackles a wide range of family law matters. We have created a list of some of the most commonly asked questions brought to our firm and added the answers below for your convenience. We are here to give you the high-caliber legal services you need to feel more at ease regarding the outcome of your case.
How long does it take to get divorced in New York?
This depends on whether you are facing an uncontested or contested divorce. There are also many other factors that can impact the length of your divorce, such as if there are children involved, how busy the courts are, the county you are filing in, and the judge assigned to your case.
An average uncontested divorce case in New York can take as little as 3 months while a contested divorce usually lasts around 9 months. Most people don’t want to draw out their divorce because it can be costly and emotional. It is always a good idea to hire an attorney to help you efficiently and effectively resolve your divorce disputes so you can move forward with your life.
How does New York divide property in divorce?
New York divides property equitably, but this does not mean that it is split in half. Equitable division means that marital property is divided “fairly.” A judge will usually decide what is considered “fair” by looking at many factors, such as income disparity, duration of the marriage, and financial circumstances of each spouse.
Property that is owned by each spouse separately is not subject to division in a divorce.
Can I modify my divorce agreement after a divorce is finalized?
The courts allow modification of certain divorce agreements. Child custody, child support, and spousal support orders can be modified if you can demonstrate that you experienced a substantial change in your circumstances making it difficult to meet the terms of your original agreement.
Examples of valid reasons for a post divorce modification include: losing a job, relocating, severe illness, substance abuse, and other big changes in your life.
In addition to downward adjustments to child/spousal support and custody payments, you can also request increases as well if you have obtained a higher paying job or a promotion.
What kinds of child custody are there?
In New York, the different kinds of child custody include joint custody, sole custody, legal custody, and physical custody. Our legal team will work diligently to help you obtain the type of child custody arrangement you desire. We wish to help you continue playing an active role in the life of your child.
Is setting up a prenuptial agreement a good idea?
Yes, we firmly believe that setting up a prenuptial agreement is always a good idea. While many individuals may feel that it is crass, we believe that it is simply being realistic. Establishing a prenuptial agreement can protect you and your assets in the event your marriage ends in divorce. This can save you a great deal of legal trouble in the future.
Do you handle same sex divorces?
Yes, our lawyers handle same sex divorce. These kinds of divorces can be a bit more complex than traditional kinds of divorces. We can help protect your rights and interests throughout the process.
Why should I entrust my case to your firm?
You should hire us to represent you because we are highly experienced and knowledgeable legal professionals. Our attorneys really listen to our clients. Whether you live in Long Island or in one of the five boroughs of New York City, we can deliver the step-by-step guidance you need to make strategic decisions. Our rates are also a lot more affordable than other law firms. As our client, you can rest assured in knowing that we will safeguard your rights and interests no matter what happens.
If you would like to discuss a question that was not mentioned on this page, please call us at (631) 880-6440 for the answers you need.