Why Clients Choose Aiello & DiFalco
- Trusted advocates for complex financial and custody matters
- Decades of combined divorce and family law experience
- Complimentary, no-obligation consultations
- Personalized strategies tailored to your goals
- Strong negotiation backed by litigation readiness
Do You Need a Lawyer for a Divorce on Long Island?
New York is a no-fault divorce state, meaning a spouse does not need to prove wrongdoing to obtain a divorce. Instead, one party must allege an irretrievable breakdown of the marriage. While this simplifies the grounds for divorce, it does not reduce the complexity of the legal process. A divorce attorney helps you navigate:
- Property and asset division
- Child custody and parenting time
- Child support and spousal maintenance
- Financial disclosures and negotiations
- Court procedures and deadlines
Without proper guidance, it is easy to make decisions that have lasting financial or parental consequences.
Divorce Services We Provide
Every divorce is different. At Aiello & DiFalco, we tailor our approach based on the specific circumstances of your case, whether it involves minimal assets or complex financial issues.
Equitable Distribution of Marital Property
New York follows equitable distribution, meaning marital property is divided fairly, not automatically equally. Marital assets may include homes, real estate, retirement accounts, investment accounts, business interests, and other property acquired during the marriage. Courts consider factors such as:
- Length of the marriage
- Each spouse’s income and contributions
- Future earning potential
- Custodial arrangements for children
Spousal Maintenance
Spousal maintenance, formerly known as alimony, may be awarded on a temporary or post-divorce basis. Although New York provides statutory formulas, courts have discretion in determining duration and adjustments. Legal guidance is critical when addressing:
- Whether maintenance applies
- How long should payments last
- Whether deviations from guidelines are appropriate
Child Custody & Parenting Time
Child custody is often the most emotionally charged issue in a divorce. Courts focus on the best interests of the child, considering stability, parental involvement, and each parent’s ability to meet the child’s needs. Protecting your relationship with your children is always a top priority. We assist with:
- Legal and physical custody arrangements
- Parenting schedules
- Contested custody disputes
- Negotiated custody agreements
Child Support
Both parents have a legal obligation to financially support their children. Child support is typically calculated using a statutory formula based on combined parental income and the number of children, with possible adjustments depending on circumstances. We help ensure support calculations are accurate, fair, and enforceable.
Contested vs. Uncontested Divorce in New York
An uncontested divorce occurs when both spouses agree on all major issues, including property division, custody, and support. These cases are generally faster and more cost-effective.
A contested divorce arises when disputes cannot be resolved through negotiation. Litigation may be required in these cases. While we always pursue negotiated resolutions when possible, we prepare every case for trial to ensure your interests are protected.
Is Divorce Mediation Right for You?
Divorce mediation allows spouses to resolve issues with the help of a neutral mediator rather than through court litigation. Mediation often provides greater control, privacy, and flexibility. Mediation may be a good option if:
- Both parties are willing to negotiate in good faith
- Reducing conflict is a priority
- Parents want to support a cooperative co-parenting relationship
Our firm has successfully resolved many divorce cases through mediation, including matters involving complex financial and custody issues. We also serve as consulting counsel for clients already working with a mediator.
Contact Our Long Island Divorce Attorney
If you are considering divorce or facing family law challenges, you do not have to navigate the process alone. Aiello & DiFalco serves clients in Garden City and throughout Long Island with knowledgeable, compassionate divorce representation. Contact our office today to schedule a complimentary consultation and learn how we can help you move forward.