SERVING FAMILIES IN SUFFOLK COUNTY, NASSAU COUNTY & NYC
Our law firm understands how difficult divorce can be for our clients, even when they are the ones who made the final decision to dissolve their marriage. We represent men and women day in and day out, protecting their rights and helping them find effective solutions, walking them through the divorce process step by step.
By listening carefully to your needs and objectives, our Long Island divorce attorneys can develop a comprehensive legal strategy that respects your wishes and never loses sight of your best interests.
We can help you understand the possible drawbacks or strengths of the options available to you, so you are informed about and involved in every important decision. Our attorneys are able to handle a wide range of divorce matters, both complex and run-of-the-mill.
GUIDING FAMILIES ACROSS LONG ISLAND
What are the first steps to getting a divorce? First, divorce is not just about the dissolution of your marriage. You will also need to consider how it will ultimately affect you for the rest of your life.
Furthermore, if you have any children shared between you and your soon-to-be ex-spouse, the decisions you make in the near future could have implications for the rest of their lives as well.
Matters we will want to evaluate include:
- Child custody: Where will your child live and with which parent? How will major decisions about education, medical care, religion, and other issues be decided? We can guide families through many of these and other custody decisions.
- Child support: How is support calculated? Do deviations apply in your case? Our attorneys can help parents determine a fair and accurate support amount.
- Alimony payments: Whether or not a spouse is awarded alimony depends on the couple's unique situation. An attorney can evaluate your circumstances and advocate for your interests.
- Orders of protection: If you are suffering from abuse or domestic violence, find out how an order of protection can help you.
- Visitation rights: We can represent parents, grandparents, or other family members who desire visitation rights to a child.
- Property and division: Are you wondering, "what am I entitled to in a divorce in New York?" Couples tend to dispute the way assets, properties, and debts are divided. Our lawyers can help couples determine an equitable and fair way to split their marital properties.
- Relocation options: Whether you need to relocate or contest a relocation, our attorneys can assist with all modification matters. We can help you modify custody, visitation, and support orders as needed.
- Legal separation: Some couples may decide that they're not ready to move forward with a divorce, for either emotional, financial, or religious reasons. Legal separation may be able to offer you an easier transition to life as you and your spouse separate. With a legal separation, you must still work out agreements regarding custody/visitation of children and property division.
Call our trusted team today for step-by-step legal guidance for your New York divorce.
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We’re a full-service law firm where you can receive counsel and representation backed by over 100 years of combined legal experience. Our team of attorneys and legal professionals are ready to listen to what you have experienced, analyze your short-term and long-term goals, and develop the legal and financial solutions you need.
NEW YORK RESIDENCY REQUIREMENTS FOR DIVORCE
To obtain a divorce in New York, you and your spouse must satisfy at least one of the state's residency requirements:
- You were married in New York and either spouse resided in the state for at least one year
- You and your spouse have lived in the state for at least one year before filing.
- The grounds for divorce happened in the state, and either spouse lived in the state for at least one year
- If you were not married in New York and the basis for divorce didn't occur in the state, either spouse must have lived in the state for two years
Divorce Process in New York
The divorce process can be complicated and sometimes confusing. Below we offer a basic overview of how an uncontested divorce works in New York. Our attorneys are here to answer any questions and guide you through the process.
- Preparing the paperwork: You must fill out and file a summons and complaint or summons with notice, either of which will require that you include details of why you are divorcing and information about your children.
- Serving the form: This means that your spouse will be provided with a copy of the completed paperwork.
- Your spouse responds: Once your spouse receives the forms, he or she will respond by agreeing and signing the forms. If your spouse disagrees with aspects of your divorce, then you are facing a contested divorce and may need to consult an attorney.
- Adding to the court calendar: If everything is ready and signed by you and your spouse, then your case is ready to be placed on the court's calendar for approval. You must also pay the required court filing fees.
- Judgment: The judge will review your case to see if anything is wrong, and then approve and sign the judgment.
The process may vary depending on the complexity of the divorce. There may be negotiations involved or you and your spouse may decide to go into mediation to settle disputes. It is always a good idea to consult an attorney if you are having trouble resolving issues with your spouse or communicating with your spouse. In contested divorces, we highly recommend that you work with an attorney to make sure that your rights are protected.
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The length of time needed to finalize your divorce will largely depend on what type of divorce you enter into. A contested divorce may take anywhere from 6 months to several years, depending on the issues at hand. High-asset divorces tend to last the longest, especially if there are hidden assets involved. Having children can also complicate the divorce, as custody battles can get lengthy.
On the other hand, uncontested divorces can take as little as six weeks. This is because there is no formal waiting period for divorce in New York. While some divorces start off as uncontested, disagreements may occur during the proceedings, which can delay the final hearing for months. Keep in mind, the waiting period can also be extended if the courts are busy in your county.
Find the Right Divorce Solution for Your Family
If you would like to file for divorce, we at Hedayati Law Group P.C. are here to help you smoothly transition into the next chapter of your life. Filing for divorce can feel like an emotional rollercoaster, but we can do everything in our power to help you feel calm and well-informed. With us at your side, you can have confidence in knowing that each decision you make will be smart and strategic.
When you would like matters to remain simple, we can try to settle things outside of court. In some instances, this will save everyone time and money. We also understand, however, that some issues are too sensitive to overlook and conflicts could escalate. We are always prepared to take the fight to the courtroom on behalf of our clients. Our firm will remain at your side to ensure that your rights and interests are protected at all times.
If you need help with the following kinds of divorces or family law issues, we can help:
Do you have questions or concerns that you are afraid no one will be able to answer? Look no further than our team. We can explain to you exactly the grounds for divorce you might need to utilize in your case and set you on the right path. If you are just unsure about how things might pan out, we would be glad to discuss all of the most common divorce do's and don'ts with you as well.
If you are filing for divorce in Long Island or a surrounding area, call us at
(631) 880-6440 for a complimentary consult.