Frequently Asked Questions

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 Long Island family law attorneys 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.