Divorce Lawyers in Nassau County, New York
Understanding the Importance of an Experienced Family Law Attorney
Divorce is often emotionally contentious and rarely easy to go through. Every situation is unique to the parties involved. At the Nassau County and Queens County Law Offices of David L. Martin, Esq., P.C. our Family Law attorneys understand the challenges families face at this trying time. We skillfully handle the end of a marriage and all of the issues involved. The Nassau County Family Law attorneys in our office always consider the best interest of your child and will help you make wise financial decisions.
When getting divorced in New York, you and your former spouse may need to make decisions about the division of property and assets, division of debts, division of bank accounts, and make decisions about where your children will reside if you have minor children. In some cases, a lawyer may be able to help you receive maintenance if you qualify. None of these decisions are easy and it can sometimes be difficult to differentiate between marital property and property that you and your spouse each brought into your marriage. Having a Family Law lawyer like the Law Offices of David L. Martin, Esq., P.C. in Nassau County, New York can help you as you navigate some of the tough legal and financial decisions marriage dissolution raises.
There are specific requirements that must be met for marriage dissolution in New York. That is why it is so important at this challenging time that you work with a knowledgeable, experienced attorney like David L. Martin, Esq. For example, in New York, you must meet certain residency requirements in order to file for divorce.
Grounds for Divorce in New York
Prior to 2010, you could not file for divorce in New York without showing that you had legal ground to do so. However, commencing in October 2010, New York became a No-Fault State. The statute now reads that you are entitled to a divorce if the relationship between the Husband and Wife has broken down irretrievably for a period of at least six (6) months, as long as one party so states. The parties to a divorce need to know that the same statute provides that no marriage dissolution will be granted until all issues of equitable distribution have been resolved.
The Law Offices of David L. Martin, Esq., P.C. is a Family Law firm in Nassau County, New York, that can review your unique circumstances and help you navigate the divorce process.
Residency Requirements for Marriage Dissolution in New York
New York has specific residency requirements that must be met in order to bring a divorce action in the State of New York. The required amount of time of residency can be different based on the circumstances of the marriage. Those residency requirements are:
- Either spouse has continuously resided in New York State for two or more years immediately before the commencement of the divorce action; or
- The marriage took place in New York State, and either spouse has lived in New York State for a continuous period of one year before the commencement of the divorce action; or
- Both spouses have resided in New York State as husband and wife, and one of the spouses has been a resident of New York State for at least one continuous year immediately before the commencement of the marriage dissolution action; or
- The cause of action (grounds) occurred in New York State. Also, either spouse has been a resident of New York State for at least one continuous year immediately before the commencement of the divorce action or both spouses are residents of New York State at the time of commencement of the divorce action.
If you have any questions concerning the residency requirement in order to commence a marriage dissolution action in the State of New York, please contact the Law Offices of David L. Martin, Esq., P.C., a divorce law firm in Nassau County, New York. Our firm can review your case's details, help you understand residency requirements, and assist you with the paperwork and filing.
The Process for Divorce in New York
Once it has been determined that the residency requirements have been met a Summons and Complaint in Divorce will be filed in State Supreme Court, which sits in the County where the Plaintiff lives. The person filing for the Divorce is the Plaintiff. The other party to the Divorce, the Defendant, is served with a Summons and Verified Complaint and responds to the legal Complaint. The Defendant has the right to counterclaim for Divorce.
The Supreme Court of the State of New York is the only Court that can legally grant you a divorce. Family Courts have concurrent jurisdiction with the State Supreme Court on most other matters involving the family. This includes child custody, parenting time, child support, abuse and neglect, adoptions, etc. The major issue the Family Court cannot touch is the issue of Divorce. The Law Offices of David L. Martin, Esq., P.C. is a divorce law firm that can help you navigate your Divorce's various aspects, from filing for Divorce to making decisions about child custody.
When retaining a lawyer to represent you for any family law issue, you need an attorney who is skilled, diligent, and accessible. With over 32 years of experience David L. Martin, Esq. has the experience and know-how to manage settlement negotiations to obtain a fair resolution to your Divorce. Many different considerations must be made during a Nassau County, New York divorce. For example, you'll need to divide your property and assets, make decisions about child custody, and may need to differentiate between property you and your partner brought into the marriage and property acquired during the marriage. If your marriage was sufficiently long and if one partner stayed home to raise the children, maintenance may be appropriate.
Determining maintenance amounts may be complicated. These amounts will be negotiated during a divorce. The Nassau County, New York divorce lawyer at the Law Offices of David L. Martin, Esq., P.C., will be able to help you.