Complex Divorce Lawyer

Complex Divorce Lawyer in Nassau County, Suffolk County & New York City, New York

Have you been looking for a complex divorce lawyer who recognizes your unique needs and circumstances, possesses a deep knowledge of New York law and walks with you through every step of the process?

Hedayati Law Group offers over 150 years of combined, unmatched experience in handling complex New York divorce cases. Our team of skilled attorneys understands the intricacies of dissolving a marriage, especially when it involves high-value assets, business ownership, property division, child custody and complex financial arrangements. Our dedicated attorneys guide you through the divorce process with compassion and professionalism, navigating the legal and emotional challenges during these difficult times.

Contact us at (516) 334-4100(516) 334-4100  to schedule your complimentary consultation.

Key Takeaways About Complex Divorce Cases on Long Island & in New York City

• High net worth considerations: Complex divorces often involve high-net-worth individuals, requiring thorough valuations of properties, investments, pensions, and other assets.
• Child Custody and Child Support: Navigating child custody and child support is a critical component of complex divorce cases. Courts consider the best interests of the child, which may involve extensive evaluations and negotiations to determine appropriate custody arrangements and support payments.
• Spousal Maintenance: Spousal maintenance or alimony is a significant issue in many complex divorces. The determination of spousal support involves examining the financial needs and earning capacities of both parties, as well as the standard of living established during the marriage.
• Litigation and Settlement: Complex divorces often require litigation due to the contentious nature of financial disputes and custodial disagreements. However, depending on the nature of the case it might be possible to reach a resolution via a settlement, which can be less stressful and more cost-effective if each spouse agrees to negotiate in good faith.
• Hedayati Law Group Offers 150 Years of Combined, Unmatched Experience: Our attorneys handle complex divorces involving high-asset property division, business ownership,  spousal support, and custody disputes in Nassau County, Suffolk County and New York City. We provide divorce solutions as unique as you are, with unwavering dedication, zealous advocacy, and clear communication throughout the complex divorce process.

Understanding Complex Divorce Cases

Complex divorce cases often involve intricate legal and financial matters that require the skill of a knowledgeable divorce lawyer. In Nassau County, Suffolk County, and Manhattan, our New York attorneys guide clients through issues such as high-asset property division, child custody disputes, and contentious alimony negotiations, with a thorough understanding of state and federal laws in pursuit of fair outcomes for all parties involved.

Child support and custody arrangements in complex divorces frequently present challenges, especially when parents disagree on major decisions regarding their children’s upbringing. A knowledgeable lawyer from Hedayati Law Group helps clients develop comprehensive parenting plans that address education, healthcare, and visitation schedules. Our lawyers also assist clients in resolving disputes through mediation or litigation when necessary.

Alimony considerations often require careful analysis of each spouse’s financial situation and future earning potential. An experienced attorney from Hedayati Law Group can advocate for fair spousal support agreements, taking into account such factors as the length of the marriage, standard of living, and each party’s contributions to the household, protecting your rights and financial interests throughout the process.

High-Net-Worth Divorces

• Involve substantial assets, including real estate, businesses, and investments.
• Require complex valuation and division strategies.

Child Custody and Child Support

• Focuses on the best interests of the child.
• Involves detailed evaluations to determine appropriate arrangements.

Spousal Maintenance (Alimony)

• Determined based on financial needs and earning capacities.
• Considers the standard of living during the marriage.

Litigation vs. Settlement

• Litigation may be necessary due to financial and custodial disputes.
• A settlement can offer less stressful and cost-effective resolutions.

Legal Representation

• Working with attorneys experienced in complex divorce matters is vital.
• Experienced legal counsel can navigate intricate legal issues effectively.

Elements of a Complex, High Net Worth Divorce

Complex or high net worth divorces in Long Island and New York City require profound legal experience and a background in banking and finance to resolve complex financial considerations. A reputable law firm possesses the knowledge to handle intricate asset valuations, business interests, and investment portfolios. If a prenuptial agreement is involved, your attorney must carefully review and potentially challenge it in court.

Some of the most common issues that arise in complex or high net-worth divorces include:

• Valuation of the Family Businesses
• Division of the Various Properties
• Division of Stocks
• Division of 401(k)s and Pensions
• Enhanced Earnings from Licenses and Degrees
• Uncovering Hidden Assets
• Child Custody/Support Issues
• Spousal Support/Alimony
• Enforcing Prenuptial and Postnuptial Agreements

Allegations of domestic violence can also significantly impact high net worth divorce proceedings. Our dedicated and compassionate attorneys understand the sensitive nature of these claims and protect our clients’ safety and financial interests, leveraging our knowledge of family law to strive for fair property division and support arrangements, even in cases with complicated circumstances.

At Hedayati Law Group, our lawyers also recognize the importance of discretion in high-profile cases in Long Island and New York City. We employ strategies to minimize public exposure while vigorously representing our clients’ interests in court.

Business Ownership and Divorce

Business ownership during divorce proceedings presents unique challenges for couples in Long Island and New York City. When a spouse owns a business, it often becomes a significant property asset that must be carefully evaluated and divided. Our attorneys on Old Country Road in Garden City handle these complex cases with zealous advocacy in an effort to fairly allocate business assets while considering the impact on both parties’ financial futures.

For parents who co-own businesses, divorce can present additional complications to their professional and personal lives. Legal separation may necessitate restructuring business operations or negotiating buyout agreements. Our skilled divorce lawyers work diligently to protect our clients’ business interests while addressing child custody and support matters.

In some cases, business owners may find themselves navigating divorce proceedings in Garden City’s courts. These situations require attorneys well-versed in both jurisdictions to handle property division and business valuation. Our law firm seeks equitable settlements that allow business owners to maintain their professional endeavors while fulfilling their financial obligations to their former spouses.

Property Division in Complex Divorces

In complex divorces on Long Island and in New York City, property division often becomes a contentious issue. In many cases, each spouse has accumulated significant assets during the marriage, making the division of property a complicated process.

In New York, equitable distribution laws govern property division. Marital property is divided fairly, but not necessarily equally, between the two parties, considering factors such as each party’s contribution to the acquisition of assets, income potential, and future financial needs.

What constitutes marital property? According to New York Domestic Relations Law § 236(B)(1), it includes all assets and debts acquired by either or both parties during the marriage, regardless of how it is titled.

However, in some cases, property division goes beyond just splitting up physical assets. In complex divorce cases, each spouse may argue over the valuation of certain assets, such as a family business or investments. This is where having an experienced divorce attorney who understands the nuances of New York’s property division laws becomes crucial.

In addition to equitable distribution laws, New York also follows the principle of “enhanced earnings,” meaning that any increase in earning potential due to one spouse’s education or career advancement during the marriage can also be considered marital property subject to division.

Not all property is considered marital in New York. Separate property, which includes assets acquired before the marriage or through inheritance or gifts, is generally not subject to division. However, if separate property has been commingled with marital property, it may become a part of the overall distribution.

In cases where there are significant assets or complex financial situations involved, the court may also consider other factors such as prenuptial agreements and any wasteful dissipation of assets by one party.

While equitable distribution laws strive toward a fair division of assets, it does not necessarily mean an equal split. In some cases, one spouse may be awarded a larger portion of the assets based on the factors considered by the court. Our experienced family law attorneys meticulously analyze marital assets to pursue fair distribution, working tirelessly to protect our clients’ interests — whether through negotiation or trial.

Our Long Island divorce attorneys understand the nuances of dividing complex assets such as businesses, investments, and retirement accounts, using our background in banking and finance to accurately value these assets and develop strategies for equitable division. When necessary, our skilled advocates prepare thoroughly for trial to protect our clients’ financial futures.

Domestic Violence and Property Division

Cases involving domestic violence add layers of complexity to property division in divorces. Our lawyers prioritize the safety and well-being of our clients while advocating for equitable asset distribution, moving through the intricacies of the legal system to seek protective orders and fair financial settlements for survivors of family violence.

Equitable property division in a complex divorce requires a thorough understanding of state laws and individual circumstances. At Hedayati Law Group, our experienced lawyers advocate for your best interests and help you pursue fair asset distribution.

Child Custody and Support Issues

Child custody disputes in complex divorces often involve intricate negotiations over parenting time and decision-making authority. Our lawyers help parents develop comprehensive custody agreements that prioritize their children’s best interests and address crucial aspects such as education, healthcare, and visitation schedules.

Determining child support in high-asset divorce requires careful consideration of each spouse’s financial situation and the children’s needs. Hedayati Law Group’s experienced attorneys calculate appropriate support amounts based on New York state guidelines and any special circumstances. We also address additional expenses such as private school tuition, extracurricular activities, and medical costs not covered by insurance.

Complex divorces frequently involve disputes over marital assets, including real estate and investment portfolios, which can impact child support calculations. Our lawyers work diligently to seek fair asset division while protecting our clients’ financial interests and ability to provide for their children. Depending on the details of your unique situation, we may recommend strategies such as setting up trusts or structuring property settlements to secure long-term financial stability for the children.

 

Aspect of Child Custody and Support	Considerations
Custody Agreement	Parenting time, decision-making authority, education, healthcare
Child Support	State guidelines, special circumstances, additional expenses
Asset Division	Real estate, investments, impact on support calculations

Spousal Support / Alimony

In a complex divorce case, one of the major issues that needs to be addressed is spousal support or alimony. This is a form of financial assistance paid by one spouse to the other during and after the divorce proceedings.

In New York, there are two types of spousal support or alimony: temporary maintenance and post-divorce maintenance. Temporary maintenance is awarded while the divorce case is ongoing, while post-divorce maintenance is awarded after the finalization of the divorce.

 

Aspect of Spousal Support	Description
Statutory Reference	New York Domestic Relations Law (DRL) § 236(B)
Types of Support	Temporary (Pendente Lite) and Post-Divorce Alimony (Maintenance)
Temporary (Pendente Lite) Support	Support provided during the divorce proceedings.
Post-Divorce Maintenance	Support provided after the divorce is finalized.
Duration of Marriage Consideration	The length of the marriage is considered when determining the duration and amount of support.
Temporary Maintenance Formula	Calculated using a statutory formula considering both parties’ incomes, subject to adjustments.
Post-Divorce Maintenance Formula	Calculated using a statutory formula, which includes a cap on the payor’s income.
Income Cap	The income cap for calculating temporary maintenance is $203,000 (as of 2021, subject to change).
Factors for Determining Maintenance	Includes: length of marriage, age and health of parties, present and future earning capacities, standard of living, etc.
Modification of Maintenance	Maintenance can be modified based on a substantial change in circumstances.
Termination of Maintenance	Maintenance typically terminates upon the death of either party, remarriage of the recipient, or as otherwise specified in the order.
Tax Treatment	As of 2019, maintenance is not tax-deductible for the payor and is not taxable income for the recipient.
Enforcement	Non-payment can lead to wage garnishment, asset seizure, and other legal penalties.
Deviation from Formula	Courts may deviate from the statutory formula if it would be unjust or inappropriate.
Maintenance Advisory Guidelines	The New York State Unified Court System provides advisory guidelines and worksheets for calculating maintenance.

Provisions for Spousal Support / Alimony in New York

The provisions for spousal support or alimony in New York are outlined in the Domestic Relations Law (DRL) and the Family Court Act. These provisions take into consideration various factors such as the income of both parties, length of marriage, standard of living during marriage, and earning capacity.

In complex divorce cases, where there may be high assets involved or one spouse was a non-working partner, the court will also investigate things like contributions made to the marriage by each spouse and any sacrifices made by one spouse for the other’s career advancement.

Hedayati Law Group’s family law attorneys approach spousal support cases with compassion, considering various factors including the length of the marriage, each spouse’s earning capacity, and the standard of living established during the union. We help clients structure alimony agreements that align with their long-term financial goals and protect their assets. Our family law firm prioritizes clear communication with our clients throughout these negotiations, offering personalized guidance and support as we walk with our clients through every step of alimony determinations in complex divorce cases.

Prenuptial and Postnuptial Agreements in Complex Divorce

Prenuptial and postnuptial agreements are legal documents that outline the terms and conditions of a couple’s assets in case of divorce. These agreements can be extremely helpful in simplifying the process of asset distribution and reducing conflict during a complex divorce.

Prenuptial Agreement

A prenuptial agreement (commonly known as a “prenup”) is a legal document that outlines the rights and responsibilities of each spouse in the event of divorce or death. It typically includes provisions for the division of property, spousal support, and other financial matters. Prenups are signed before marriage and must be voluntarily entered into by both parties with full disclosure of assets and liabilities. They are governed by state laws, which can vary significantly from one state to another.

According to New York law, a valid prenuptial agreement must meet the following requirements:

• Must be in writing
• Must be voluntarily entered into by both parties
• Must include a complete disclosure of each party’s assets and liabilities
• Must not be unconscionable (unfair or unreasonable)

Postnuptial Agreement

A postnuptial agreement (also referred to as a “postnup”) is similar to a prenup, but it is entered into after marriage. It serves the same purpose of outlining the division of assets and financial matters in case of divorce or death. Postnups must also be voluntarily agreed upon by both parties with full disclosure of assets and liabilities. They are also governed by state laws.

Postnuptial agreements must also meet certain requirements to be considered valid and enforceable under New York law. These include:

• Must be in writing
• Must be voluntarily entered into by both parties
• Must include a complete disclosure of each party’s assets and liabilities
• Must not be unconscionable (unfair or unreasonable)

New York courts have the discretion to invalidate prenuptial and postnuptial agreements if they are found to be fraudulent, if they are made under duress, or if they involve unconscionable provisions.

A knowledgeable lawyer from Hedayati Law Group will carefully consider the existence of prenuptial and postnuptial agreements in complex divorce cases in Nassau County, Suffolk County, and New York City because they play a crucial role in determining the division of assets between spouses. According to Section 236B(3) of the New York Domestic Relations Law, prenuptial or postnuptial agreements are enforceable if they are in writing, notarized, and voluntarily entered into by both parties after full disclosure of assets and with an opportunity to consult with independent legal counsel.

The presence of a prenuptial or postnuptial agreement can greatly impact the resolution of a divorce case. In Nassau County, the court will typically uphold agreements that were properly executed and deemed fair at the time of signing. However, if one party can prove that the agreement was signed under duress or without proper disclosure, it may be deemed invalid.

Similarly, in Suffolk County and New York City, the court will review the terms of the agreement and may make adjustments based on factors such as changes in circumstances or unfair provisions.

Our Garden City divorce lawyers adeptly handle prenuptial and postnuptial agreements for clients with substantial net worth, recognizing the complexities of protecting assets in high-stakes marriages — often involving parties from New York City. They structure agreements that safeguard individual wealth while ensuring fairness for both spouses.

We address unique family dynamics in marital agreements, including considerations for grandparent rights and inheritance, crafting comprehensive documents that anticipate potential future scenarios — such as business acquisitions or career changes. Our skilled lawyers help our clients understand the intricacies of their agreements, including:

• Asset protection strategies
• Income and property division guidelines
• Provisions for future family changes
• Debt allocation terms
• Confidentiality clauses

Our Garden City divorce attorneys discuss fee structures transparently when drafting prenuptial and postnuptial agreements. We offer tailored services to meet each client’s specific needs, emphasizing protection of financial interests. Our legal professionals stay current with New York state laws to provide effective marital agreements that anticipate threats or risks to clients’ interests.

Navigating Legal and Financial Complexities

Complex divorce is an emotionally charged process that can have significant legal and financial implications, especially in New York, where divorce laws and procedures vary depending on the county you reside in.

If you are going through a complex divorce in Nassau County, Suffolk County, or New York City, understanding the legal and financial considerations involved is critical for protecting your rights.

Understanding State Laws

As we mentioned, New York is an equitable distribution state that seeks to divide all marital assets and debt fairly — but not necessarily equally. In Nassau County and Suffolk County, the courts use a variety of factors to determine fairness, including the length of the marriage, each spouse’s contribution to the marriage, and their current financial situation.

In New York City, however, there is no set formula for determining equitable distribution. The court may consider similar factors as Nassau and Suffolk counties, but it also has discretion in making decisions. For these reasons, it is crucial to seek the representation of an experienced divorce attorney who understands these laws and can advocate for your best interests.

Mediation vs. Litigation

When going through a complex divorce, couples often have two options – mediation or litigation. Mediation involves a neutral third party facilitating negotiations between the spouses to reach a mutually acceptable settlement.

Litigation, on the other hand, involves going to court and having a judge make decisions about the terms of the divorce. This can be costly and time-consuming, but it may be necessary if there are significant disagreements or disputes.

In Nassau County, Suffolk County, and New York City, mediation and litigation are available options. An attorney from Hedayati Law Group can advise you on which route is most suitable for your specific situation.

Protecting Your Finances

One of the most critical considerations in a complex divorce is protecting your finances. During the divorce process, all marital assets and debts will be divided, and your financial situation may change significantly.

Having a clear understanding of your current assets and liabilities — and any potential future income or financial obligations — is vital for negotiating a fair settlement and avoiding surprises down the road.

Additionally, it is important to consider tax implications when dividing assets and determining support payments. An experienced divorce attorney from Hedayati Law Group can help you understand these considerations and protect your finances.

Advocating for Your Interests in Long Island and New York City

Hedayati Law Group prioritizes our clients’ interests with unwavering attention to detail and zealous advocacy in Nassau County, Suffolk County, and New York City, leveraging our profound understanding of the nuances of local courts.

We employ strategic approaches to safeguard rights and assets. Drawing upon our background in banking and finance, we meticulously analyze financial records, property valuations, and custody arrangements to build strong cases. Whether in negotiation rooms or courtrooms, we advocate for your best interests and safeguard your well-being throughout the divorce process. Let us help you make informed decisions about your future with:

• Thorough asset evaluation and division strategies
• Customized child custody and support plans
• Skilled negotiation of alimony agreements
• Vigorous defense of your rights in court
• Comprehensive post-divorce modification services

Working with a Complex Divorce Lawyer on Long Island and Manhattan

Recognized by the New York State Bar Association, Hedayati Law Group’s lawyers guide our clients through complex legal processes with knowledge and compassion, understanding the emotional toll of divorce and offering support throughout the proceedings.

We offer divorce solutions as unique as you are, with comprehensive legal strategies tailored to your specific situation. Let us guide you through intricate financial matters, property division, and custody arrangements with precision.

When you work with our law firm, you will benefit from personalized attention and clear communication. Our attorneys provide regular updates on case progress and explain legal concepts in understandable terms. At Hedayati Law Group, our approach helps you make thoughtful decisions during challenging times:

• Complimentary consultation to assess case complexity
• Development of customized legal strategy
• Thorough analysis of financial documents
• Skilled negotiation with opposing counsel
• Preparation for court proceedings if necessary
• Ongoing support throughout the divorce process

Let Hedayati Law Group Fight for You in a Complex Divorce with Over 100 Years of Combined, Unmatched Experience

Are you embarking on a complex divorce? Work with Hedayati Law Group, a Garden City, New York law firm that possesses deep knowledge of New York divorce law, a background in banking and finance, and a commitment to providing zealous advocacy. Whether you are in Nassau County, Suffolk County, or New York City, our passionate, caring, and dedicated attorneys will walk with you through every step, upholding your best interests and keeping you informed throughout the process. Let us offer divorce solutions as unique as you are. Contact us at (516) 334-4100(516) 334-4100 or complete our online form to schedule a complimentary consultation.

Hedayati Law Group, P.C. ~ We Fight for You with over 150 Years of Combined, Unmatched Experience