Nassau County Divorce Lawyers
Handling Complex NY Family Law Matters - Call (516) 406-8500
Family law is arguably one of the most complex and emotionally charged areas of law. If you are dealing with any matter related to marriage, divorce and family law, or child custody, you need an attorney by your side.
Handling issues on your own can cause emotional stress. These issues should never be handled without an experienced and compassionate lawyer, especially if your case involves complex divorce issues like high-net asset division, out-of-state custody, or protection of a family owned business.
In New York, many laws and statutes can influence your case. These include adoption laws, protective orders, child custody laws, fathers' rights, property division, and more. That’s where Wisselman, Harounian & Associates comes in. We are here to help you understand your legal rights during a divorce or other family-related legal dispute in Nassau County.
Since its founding 40 years ago, Wisselman, Harounian & Associates has stood at the forefront of family law because our lawyers zealously advocate for our clients and win cases by utilizing customized legal strategies. Collectively, our Nassau County family law attorneys have more than 150 years of experience helping clients like you – let us use it to protect your family!
Requirements for Divorce in New York
There are two basic types of divorce in New York: contested and uncontested. Generally speaking, uncontested divorce is less expensive and less time-consuming. In short, uncontested divorce applies to couples who mutually agree to divorce and share opinions on the terms of the divorce, such as alimony, child support, asset division, debt allocation, etc.
- Residency Requirements – You must meet the residency requirements outlined in the New York Domestic Relations Law. In most cases, a couple meets this requirement because one or both parties in the divorce are a resident of New York and the couple married in the state. These same requirements apply to people who want to annul their marriage.
- Grounds for Divorce – As of 2010, New York is a “no-fault divorce” state; however, you still need a reason for your divorce. This can include cruel treatment, abandonment, prison, adultery, separation, or an irretrievably broken relationship between the husband and wife, commonly called no-fault divorce. If one or more of these elements exists, you meet this requirement under Domestic Relations Law § 170.
Jewish Get & Divorce Considerations
In Jewish religious law, a Get is a divorce document. Without receiving this document, a husband and wife cannot effectively terminate their marriage. In short, the Get lifts the laws of adultery and returns certain legal rights held by the husband to the wife. Our Nassau County divorce attorneys at Wisselman, Harounian & Associates have significant experience helping clients with religious divorce matters, including Jewish Gets.
Domestic Partnership in NY
Marriage isn't for everyone, but the legal rights and benefits that come with it are undeniable. For those who are not interested in marriage, but still desire similar rights and benefits, New York State offers another option for formalizing your relationship — domestic partnership.
In the past, domestic partnerships were an alternative option for same-sex couples who could not legally marry in New York State. However, same-sex marriage was legalized in New York on June 24, 2011 and then by the U.S. federal government on June 26, 2015. Today, domestic partnerships are available to same-sex and heterosexual couples alike.
Keep in mind that domestic partnership is not the same as marriage. When comparing domestic partnership vs. marriage, you should weigh what each does and does not include before making a decision as to which is best for you and your partner.
Benefits of Domestic Partnerships:
- Recognized in New York
- Eligible for employer family benefits, including health insurance, life insurance, death benefits, and sick and family leave
- Can avoid the marriage tax penalty
Downsides of Domestic Partnerships:
- Not recognized by all 50 states, or on the federal level
- Not considered "family" by law
- Cannot petition for non-citizen family immigration
- Will not automatically inherit partner's assets upon their death
- Not exempt from federal estate tax
Domestic partnerships and marriage have their own pros and cons. Speak with a lawyer if you need advice as to which option works in your and your partner's best interests.
Working with an Adoption Attorney in Nassau County
Growing your family is a big commitment – and a big change. It can also be one of the most rewarding and joyful experiences of your life. At Wisselman, Harounian & Associates, we are committed to helping families successfully adopt. In New York, you can adopt through a government agency or a private adoption agency. Unless you have many years of experience handling adoption cases, you may lack the experience you need to anticipate common pitfalls.
That’s where we come in. Our New York family lawyers can help you avoid common mistakes, protect your rights, and make sure all parties are compliant with New York adoption laws.
Who Is Qualified to Adopt in New York?
In order to adopt, you must meet specific qualifications, and several parties must agree to the adoption. The child’s father must agree only if he is married to the child’s mother or had a significant relationship with the child. The child’s consent is only necessary if he / she is more than 14 years old. New York law allows adults 18 years and older to adopt, regardless of marital status or sexual orientation. This includes:
- Individuals living alone who are unmarried and over 18 years old
- Married or unmarried intimate partners (sexual orientation does not change eligibility)
- The partner of the child’s birth parent, regardless of the partners’ marital status
- Married adults (can adopt separately if living apart for more than 3 years or legally separated)
How Long Does it Take to Get a Divorce in New York?
There is no waiting period to get a divorce in New York. Simple, uncontested divorces could take just a few weeks, while a highly contested divorce involving court dates and litigation could take months or even years. For a stronger estimate of how long your divorce could take, it is best to consult a divorce attorney in New York.
Do You Need Grounds for Divorce in New York?
New York is a no-fault divorce state, which means that you don't need any grounds to file for divorce. The law only requires that your marriage be "irretrievably broken" in order for you to request a dissolution. However, New York divorce laws do still outline certain grounds for divorce – cruelty, abandonment, imprisonment for three or more years, adultery, and living separately for at least one year.
What Is the Difference Between a Contested & Uncontested Divorce?
When divorcing couples cannot come to a resolution on the terms of their divorce, they will need to take their case to court and have a judge decide a final order. This scenario is known as a contested divorce. In an uncontested divorce, also known as cooperative divorce, couples amicably come to an agreement outside of court, allowing the divorce to be more private, cost-effective, and quick.
What Is an Annulment?
An annulment is a dissolution that treats the marriage as though it never occurred. Usually, grounds for an annulment include evidence of fraud, misrepresentation, or concealment in the marriage.
The majority of annulments take place after a short period of time and can be much more difficult to prove than a standard divorce. Some people prefer an annulment to a divorce because it will be easier for them to remarry in their church. Others feel divorce carries a stigma they would prefer to avoid.
Talk to one of our lawyers to discuss which option will work best for your case.
What Is the Difference Between Child Support and Alimony?
Child support refers to payments made by one parent to the other in order to provide for the needs of their child after a divorce. Payments are usually made by the non-custodial parent to the parent with physical custody of the child. The state of New York determines the amount of payment required based on each parent’s income level.
Alimony, also known as spousal support or maintenance, is money paid to one spouse by the other after divorce, or during a legal separation. Its purpose is to provide the lower-earning spouse with money for living expenses and to help them maintain the standard of living they enjoyed during the marriage. A judge will take into consideration the following factors when deciding alimony: both spouses’ present and future earning capacity, the length of the marriage, their age and overall health of each spouse, and more.
While there is no requirement that a couple be married in order to receive child support, spousal support can only be granted if the couple was married.
Wisselman, Harounian & Associates Puts Clients First. Here’s How.
As a family law firm in Great Neck, we know that no area of law is more personal than family and divorce law. Since 1976, we’ve provided informed, strategic, and caring legal guidance for each of our clients. Backed by an impressive number of cases and a passion for helping others, Wisselman, Harounian & Associates has been recognized by many legal publications and organizations. Because we care about your case, your first consultation is free of charge. Simply pick up the phone and call our office.
During your initial in-person case analysis with a family attorney, you can expect the lawyer to provide you with an overview of what to anticipate in the divorce or family law process ahead, any matters pertaining to minor children of the marriage, division of assets and liabilities, child support and spousal support, and the related attorneys' fees and costs.
Backed by decades of experience, we recognize that every situation is unique, and we offer a free and confidential consultation to help you discuss a potential game plan that's tailored to your specific needs and goals.
Call (516) 406-8500 or contact us online today for a consultation!
Working with Jakcie Harounian during difficult situations became a pleasurable experience.- Former Client
Your skill, patience, and calm disposition brought me reassurance.- Former Client
Lloyd has been the utmost advocate to me to help guide me through the most difficult situation of my life and to help protect my child.- Former Client
This firm should be on your shortlist for consideration in any divorce and/or custody matter.- Former Client
Jackie and her team are amazing lawyers.- Former Client