Nassau County Divorce Lawyer
A Former Judge Resolving Divorce Disputes in Suffolk County, Queens, the Bronx, Brooklyn, Manhattan, Staten Island, and Westchester County
Are you facing a divorce or looking to file in Nassau County, NY? Divorce is a complex and lengthy process involving resolving various marital issues like child custody, property division, and child support. If you are currently navigating a divorce, it is best to enlist the help of a divorce lawyer who is well-versed in all stages of the process.
Attorney David A. Kirshblum, Esq. is a former judge with over 24 years of experience on the bench and a licensed mediator who can help you settle your disputes without going to court. Kirshblum Taber PC is prepared to advocate for you whether your Nassau County divorce is contentious or amicable.
What Are the Requirements for Divorce in Nassau County?
To file for divorce in Nassau County, New York, you must meet one of the following residency requirements:
- you lived in New York as a married couple and one spouse has lived in the state for at least 1 year;
- you married in New York and one spouse has lived in the state for at least 1 year;
- the grounds (reasons) for your divorce occurred in New York and either spouse has lived in the state for at least 1 year at the time of filing; or
- either spouse has lived in the state for at least 2 years.
Once you meet the residency requirements for filing for divorce in Nassau County, NY, you can proceed with the divorce petition by pursuing either a no-fault divorce or a fault-based divorce. For example, you might have a no-fault divorce if you and your spouse have lived separately for at least one year or if there has been an "irretrievable breakdown of the marriage" for six months or more. No-fault divorce means that neither spouse is to blame for the failure of the marriage, and you both mutually agree to end the marriage.
However, if one spouse is at fault for the divorce, you might file for divorce based on that spouse’s fault, such as cruelty, adultery, or abandonment. Fault-based divorces tend to be more complicated and lengthier, as you have the burden of proving the spouse’s fault. In addition, a judge may consider the spouse’s fault when determining the property division, such as granting you a more significant share due to your spouse’s unfair behavior.
Resolving Divorce Disputes
The divorce petition is only the beginning of the divorce process. When you are going through a divorce, you should also expect to settle the following disputes:
- child custody;
- child support;
- spousal maintenance;
- division of assets and debts (based on the equitable distribution rule).
You may resolve these issues on your own through negotiation with your spouse or proceed to court with the help of a Nassau County divorce attorney. Kirshblum Taber PC offers licensed mediation services, which include helping you attempt a resolution in a few mediation sessions before battling it out in trial. Mediation entails you and your spouse discussing relevant issues like child custody and reaching an agreement you both are happy with. A trained mediator will facilitate the discussion to make sure you have an open and communicative space conducive to reaching an agreement.
If you and your spouse are unable to settle an agreement in mediation, you will proceed to litigation, where a judge will make the final decision. Our law firm has experience with both mediation and litigation, so we can help you explore several options for resolution.
What is An Uncontested Divorce in New York?
An uncontested divorce means that both parties agree on all elements of the divorce, including child support, custody, alimony, and property division. Divorcing couples in New York have the option to file an uncontested divorce with or without the help of an attorney. However, even the most amicable divorce can quickly turn contentious, which is why you should always consult with an experienced lawyer before filing for divorce.
The cost of filing an uncontested divorce in New York is at least $335, not including any additional expenses such as lawyer fees, notary fees, copies of documents, etc.
How Long Does It Take to Get a Divorce in Nassau County NY?
Generally, an uncontested divorce in Nassau County can take 3 to 6 months to finalize. However, the court process is relatively straightforward in these cases.
First, the spouses typically agree on all divorce terms, such as child custody, child support, and property division, and file a joint divorce petition. The court then reviews the petition and issues a judgment of divorce.
A contested divorce, on the other hand, can take much longer to finalize. This is because the spouses cannot agree on one or more divorce terms, such as child custody, child support, or property division. As a result, the case must go to trial, which can add several months or even years to the process.
If there are children involved, the divorce process may also take longer. This is because the court must decide about child custody and visitation, which can be complex and time-consuming.
The time it takes to get a divorce in Nassau County, NY, depends on many factors, including whether the divorce is contested or uncontested, whether there are children involved, and the complexity of the case.
Is New York a Community Property State?
There are two types of property division in the United States: community property and equitable distribution.
States that have community property laws view any property acquired during the marriage as owned jointly by both spouses and divided equally during a divorce. However, New York is not a community property state, but an equitable distribution state. Under equitable distribution, marital property is divided fairly, not 50/50.
Work With a Former NY Family Court Judge
When you are dealing with something as consequential as divorce, it is best that you work with an experienced lawyer who has done this many times before. Attorney Kirshblum has presided as a family court judge for 25 years (including high-profile cases involving Ice-T and Mick Jagger), and he has even written laws for the state. He knows what works in both negotiation and litigation, and he will do his best to fight for an outcome favorable to you and your children.
For more information on how we can help, schedule an initial consultation with a knowledgeable divorce attorney in Nassau County from Kirshblum Taber, PC by calling (516) 908-8842or reaching out online.
Our lawyers serving Nassau County bring a unique background of experience. Attorney David A. Kirshblum, Esq. is a retired judge who has spent over 24 years on the family court bench, including presiding over cases involving Sean “Puffy” Combs, Al Pacino, and Mick Jagger.
He has also written decisions that have been affirmed by the NYS Appellate Division. Having been on the judicial side of the law, Attorney Kirshblum has a unique perspective that can prove advantageous to strategizing against the other side.
Further, while Attorney Kirshblum handles the family law side, Attorney Orly Taber, Esq. has significant experience with estate planning and helps clients, particularly the elderly, with estate matters and ex-spouse property disputes.
She is an energetic and client-focused lawyer who helps build estate plans that safeguard your personal and material interests.
Both Nassau County lawyers at Kirshblum Taber PC are experienced and professional advocates who treat their clients with respect.