Nassau County Divorce Lawyer

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. 

Understanding Your Legal Options

Going through a divorce can be a complex and emotionally challenging process. It's important to understand your legal options and the potential outcomes before making any decisions. Our team of experienced family lawyers at Kirshblum Taber PC can provide you with the guidance and support you need to navigate the legal complexities of divorce.

Whether you are considering mediation, collaborative divorce, or traditional litigation, we can help you understand the pros and cons of each option and determine the best approach for your unique situation. Our goal is to provide you with the information and resources you need to make informed decisions that align with your best interests and the well-being of your family.

Don't navigate the complexities of divorce alone. Contact us today to schedule a consultation and learn more about your legal options.

New York Divorce FAQs

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.

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.

Can I file for an uncontested divorce if my spouse lives in a different state?

Yes, it is possible to file for an uncontested divorce if your spouse lives in a different state. However, there may be specific legal requirements and procedures to follow to ensure that the divorce is valid across state lines.

What are the benefits of an uncontested divorce?

The benefits of an uncontested divorce include reduced stress, lower legal costs, faster resolution, and greater control over the outcome. It allows both parties to negotiate and reach agreements outside of court.

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.