Divorce Lawyer

Our Experienced Divorce Lawyers in Long Island Serve Families in Suffolk County, Nassau County & New York City

Have you been searching for a divorce lawyer who understands your distinct needs and circumstances? At Hedayati Law Group, we recognize the challenges and hardships divorce proceedings can create for our clients, even when they choose to dissolve their marriage. Drawing upon more than 150 years of combined, unmatched experience, we offer honest, trustworthy, and confidential counsel as we protect the rights of men and women and help them find effective solutions.

Our passionate, caring, and dedicated Long Island divorce attorneys carefully listen to your needs and objectives to develop a comprehensive legal strategy that respects your wishes and never loses sight of your best interests. We handle a wide range of divorce matters, from contested divorces to uncontested divorces, whether complex or relatively straightforward. We will guide you through each of the relevant legal issues, such as spousal support, property, custody of children, and child support.

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

Hedayati Law Group is committed to thoroughly understanding the distinct needs and circumstances of every client.

Key Takeaways About Divorce Cases in Nassau County & Suffolk County on Long Island and New York City

Waiting Period and Residency Requirements: There is no mandatory waiting period for divorce in New York once all documents are filed and served. However, 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.

Court considerations: Courts prioritize the “best interests of the child” when determining custody and support arrangements. Additionally, the court considers equitable distribution of marital property, meaning assets are divided fairly but not necessarily equally.

Lawyers and Legal Representation: Consult and hire a local attorney, especially for contested divorces, which can be complicated. Knowledgeable and experienced legal representation protects your rights and interests throughout the divorce process, particularly when you choose an attorney with a background in banking and finance. Seek the services of an attorney who offers personalized counsel based on the specifics of your case — not cookie-cutter solutions — and focuses solely on divorce and family law.

Money and Costs: Divorce, particularly if there is at least one contested issue, can be expensive. Costs include filing fees, legal fees, and possibly fees for experts like financial advisors or appraisers. Couples must provide comprehensive financial documents to ensure fair distribution of assets and determination of support obligations. When selecting your attorney, inquire about their fee structure, and, if necessary, financing options.

Divorce Rates and Court Backlogs: High rates of divorce contribute to backlogs in family courts, leading to delays in scheduling hearings and securing final judgments, especially in contested cases. In an uncontested divorce, efforts are made to streamline the proceedings to alleviate some of the burden on the court system.

What are the First Steps Toward Seeking a Divorce in New York?

Divorce does not just involve the dissolution of your marriage; it affects every aspect of your life. If you and your soon-to-be ex-spouse share children, the decisions you make now can impact your relationship with them and their future as you navigate issues like custody and support.

Spouses without Children

1. Confirm Residency — The spouses must satisfy at least one of New York’s residency requirements.
2. Understand Grounds for Divorce — The grounds can include irretrievable breakdown of the marriage for at least six months, among others.
3. Gather Necessary Information — Collect financial documents, property records, and any prenuptial agreements.
4. File the Petition — Submit the appropriate forms to the county clerk’s office where you reside.
5. Serve the Summons — Legally notify your spouse by serving the divorce papers.
6. Await Response — Your spouse must respond within 20 days if they are in-state, or 30 days if out-of-state.

Spouses with Children

Spouses with children follow the steps outlined above; however, they must resolve any disputes regarding custody or support of children before finalizing the divorce.

Contested Divorce

A contested divorce occurs when the spouses cannot agree on one or more key issues related to their separation. These issues often include asset division, child custody, support of children, and spousal maintenance. Because no agreement is reached between the parties, the court must intervene to resolve these disputes.

A contested divorce involves the following:

1. Filing the Divorce Petition
   One spouse initiates the process by filing a petition with the county clerk. The petition outlines the grounds for divorce and the relief sought.
2. Service of Summons
   The initiating spouse must serve the divorce papers to the other spouse. This legal notification requires the recipient to respond within a specified timeframe.
3. Response from the Other Spouse
   The respondent has 20 days to reply if they are in-state, or 30 days if out-of-state. If they disagree with any terms, the case becomes contested.
4. Preliminary Conference
   Within 45 days of assigning the case to a judge, a preliminary conference is held. Both spouses must attend, and the purpose is to discuss the contested issues and establish a timeline for the case.
5. Request for Judicial Intervention (RJI)
   An RJI must be filed no later than 120 days from the service of the summons if a Notice of No Necessity is filed by both parties. This request formally brings the case under judicial supervision.
6. Discovery Phase
   Both parties gather and exchange relevant information and documents. This can include financial records, property valuations, and other pertinent data.
7. Settlement Negotiations
   The court encourages both parties to negotiate a settlement to avoid a trial. This may involve mediation or arbitration to help resolve disputes amicably.
8. Trial
   If no settlement is reached, the case proceeds to trial. Both parties present evidence and arguments, and a judge makes the final decisions on all contested issues.
9. Final Judgment of Divorce
   The judge issues a final judgment of divorce, which legally ends the marriage and outlines the terms regarding asset division, custody, support, and any other matters.

Important Considerations About Contested Divorce

• Costs: Contested divorces are typically more expensive due to the need for court hearings and potentially lengthy legal procedures.
• Time: The timeline for contested divorces is generally longer than uncontested ones because of the additional steps and requirements.

Uncontested Divorce

An uncontested divorce means both spouses agree on all significant issues related to their separation, including property division, custody of children, and support (if applicable), and spousal maintenance. Because there are no disputes between the parties, the process is generally faster, less expensive, and more straightforward than a contested divorce.

Steps in an Uncontested Divorce

1. Confirm Residency

The spouses must satisfy at least one of New York’s residency requirements:

• They were married in New York and either spouse resided in the state for at least one year.
• Both spouses 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 they 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.

2. Agreement on All Issues
   • Both spouses must agree on all aspects of the divorce, including asset division, custody, support, and any other relevant issues. This agreement is typically documented in a written settlement agreement.
3. Prepare and File Necessary Forms
   • The spouse initiating the divorce (plaintiff) must complete and file various forms, including the Summons with Notice or Summons and Verified Complaint, Notice of Automatic Orders, Notice Concerning Continuation of Health Care Coverage, and the Settlement Agreement.

4. Serve the Summons
   • The plaintiff must serve the divorce papers to the other spouse (defendant). Service must be done following specific legal procedures, usually by someone who is not a party to the case and is over 18 years old.
5. Defendant’s Acknowledgment
   • The defendant must sign an Affidavit of Defendant, which acknowledges receipt of the divorce papers and agrees to the terms outlined in the settlement agreement.
6. File Additional Documents
   • Both parties will need to complete additional documents, including the Sworn Statement of Removal of Barriers to Remarriage, Note of Issue, and the Findings of Fact and Conclusions of Law.
7. Judicial Review
   • The judge reviews the submitted paperwork to ensure that it complies with legal requirements and that all agreements between the spouses are fair and equitable. No court appearance is typically needed unless the judge has questions or concerns.
8. Final Judgment of Divorce
   • Once the judge approves the documents, a Judgment of Divorce is signed, officially ending the marriage. Both parties receive a copy of this judgment.

Important Considerations

• Cost Efficiency: Uncontested divorces are generally more cost-effective due to fewer legal fees and court costs.
• Time Efficiency: The process is quicker since there are no contentious issues requiring court intervention.
• Privacy: Settling out of court allows couples to keep their personal matters private.

No Fault Divorce

In a no-fault divorce, the spouses only need to demonstrate that irreconcilable differences have led to the irretrievable breakdown of their marriage for a duration of at least six months. Once they have established this fact, the only remaining requirement is deciding on the handling of their divorce-related issues, which they can accomplish collaboratively or by a court order.

Considering Divorce in Suffolk County, Nassau County or New York City? Let Hedayati Law Group Provide Legal Solutions Tailored to Your Unique Circumstances

At Hedayati Law Group, we understand how challenging this time can be. We’re dedicated to protecting your rights and guiding you through the process step by step. With over 150 years of combined experience, our team is well-equipped to handle a wide range of divorce matters, from complex cases to straightforward settlements.

Our New York divorce attorneys will listen carefully to your needs and objectives, developing a comprehensive legal strategy that respects your wishes and prioritizes your best interests. Emphasizing honesty, integrity, and a custom approach tailored to each client’s needs, we believe in providing divorce solutions as unique as you are. You can count on us to fight for your best interests with unwavering dedication.

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