Aiello & DiFalco LLP
Long Island Family Law Firm
We’ve dedicated our practice to guiding families through critical transitions. From dealing with divorce and child custody disputes to prenuptial agreements and more, we understand that the well-being of your family and your children is the ultimate priority. We provide our clients with trustworthy advice, objective insights and caring personal service – so that you can make the best decisions for your family and your future.
We represent families in Nassau, Suffolk, Westchester counties and New York City. Our main office is located in Garden City, New York. If you’d like to arrange a consultation, please contact us at 516.747.1131
We offer representation across the
full spectrum of family law issues.
Family law issues can be resolved in different ways: out of court and without litigation, through a meditation process, or through litigation in court. We tailor our service to your specific case and your preferences.
We have robust trial experience – we can represent you in court and guide you through issues that cannot be resolved amicably. In most cases, we are able to settle issues out of court and without litigation, and we also have a growing mediation practice.
We handle the full spectrum of family law issues, including:
- Divorce – both uncontested and contested
- Division of marital property
- Child custody
- Child support
- Spousal maintenance (alimony)
- Prenuptial agreements
their families and their future.
In a divorce, marital property is divided according to the state’s rules of equitable distribution. This means that your property is split in a way that is fair and equitable for both parties. It doesn’t necessarily mean an even split. Most assets will be divided equally, especially in cases of long-term marriage. While this sounds straightforward, dividing marital property can become complicated, particularly for couples who have accumulated significant assets.
Our goal is to protect your property rights and achieve the best outcome for you, regardless of your financial situation.
Working out the parenting rights and parenting time management is one of the most important and complicated matters in a divorce, and custody trials are some of the most significant endeavors in family law.
We know that nothing is more important to you than your children. We work with compassion to protect your parenting rights and reach custody agreements that are in the best interest of your children. If custody cannot be settled, we’ll prepare and conduct a custody trial and work towards the best possible outcome.
In New York state child support is calculated through a formula which is based on the income of both parents, the number of their children, and the custodial arrangements. For example, if there is a joint custody arrangement, the parent that earns less is deemed the “custodial parent” and the higher-earning parent will pay child support. There are aspects of child support that call for discretion – and we encourage you to discuss this with your attorney.
We work to navigate any nuances and come to a resolution that ensures that your children are properly supported. We also make sure that if you’re the party with the support obligation, that your financial circumstances and all of the relevant factors are properly considered.
Divorce mediation is the best option for many clients who hope to avoid the stress and costs associated with contested divorce. It is designed to be a more civil and affordable way to legally end a marriage. In divorce mediation, the couple hires a neutral third party, known as a mediator, to guide them through the process. The mediator does not provide either party with independent legal advice.
We act as mediators to resolve both simple and more complex divorce matters, and we do so in a neutral and non-adversarial setting. We can also work with you as your consulting attorneys to help guide you through your meditation with a third party.
Spousal Maintenance (Alimony)
During the divorce process, the court may award temporary maintenance to the spouse with lower income – this will continue until the divorce is settled or until the court determines the final spousal maintenance award. After the divorce process, spousal maintenance is intended to be rehabilitative – to provide the spouse with support so that they can get back to work and achieve economic independence.
There are formulas for spousal maintenance up to certain income caps, but beyond that, maintenance is discretionary depending on lifestyle and other factors. There are also guidelines for how long spousal maintenance may be paid after the divorce is finalized. These guidelines are based on the duration of the marriage, the age of the children, time away from work, and other factors.
Prenup agreements are not designed only for celebrities or people with significant assets. Young professionals who are planning ahead or people who have had experience with divorce can especially benefit from prenup agreements.
We regularly negotiate, review and prepare prenup and postnuptial agreements. We work with you to clarify your rights and obligations which may result from a marriage, such as property rights and spousal maintenance. We tailor the agreements to your needs and priorities – to provide you with maximum protection for your assets and your personal concerns.
We provide our clients with strategic advice and work with them to achieve a positive outcome in and out of the courtroom. We work to resolve issues amicably – to avoid the financial and emotional costs associated with litigation. In parallel, we also prepare each case for trial, in case court intervention becomes necessary.
If you’re considering filing for divorce in New York, there are a few things to keep in mind:
- New York is a no-fault divorce state. This means that you don’t need any grounds to file for divorce and it’s not necessary to prove that either party engaged in misconduct (for example, adultery). The court will grant a divorce when it determines that there has been “irretrievable breakdown” in the marital relationship
- Leave your home or stay. Many people ask if they should leave their home and if that would be considered “abandonment.” Abandonment is no longer relevant as one of the grounds for divorce in New York, because of the no-fault divorce statute.
- Uncontested or contested divorce. In an uncontested divorce, both parties agree on the key issues, and they are able to settle their case without going to court. When the parties cannot agree on the terms and conditions, the divorce is contested and may involve representation in court. Most contested cases eventually settle, but a few go to trial. It is in your best interest to ensure that you have an attorney who is ready to handle your case until it is resolved.
We have a well-earned reputation for serving our clients with the highest standards of integrity and professional excellence. Your matter will be handled personally by the attorneys in whom you have entrusted your most sensitive matters. Aiello & DiFalco LLP can provide you and your family with the level of legal services your divorce and family law matters deserve. We truly care about our clients and enjoy practicing in this often difficult area of law, so we focus our attention solely on these issues to ensure that we are offering clients the best experience during the most difficult time in their lives.
Mary Ann Aiello has over 40 years of experience practicing matrimonial and family law and is widely recognized by her colleagues as a leader in the legal community in Nassau County. Mary Ann has handled many complex litigated divorces all the way through trial and settled thousands of cases over her career. In addition to litigation, she has also conducted hundreds of divorce mediations and is a trained mediator and collaborative lawyer
Michael DiFalco has focused his practice on matrimonial and family law for more than a decade. He has handled hundreds of divorce and family law cases and is recognized as an excellent trial lawyer. In addition, he provides uncontested and amicable divorce options as well as mediation services where parties are trying to avoid litigation. Based on his experience navigating divorce matters, Michael also particularly enjoys helping young professionals in drafting prenuptial agreements as essential financial planning documents.