The end of a marriage brings sweeping changes for both spouses and their children. Not only must the divorce itself be worked out, but various matters related to it including child custody and alimony also have to be handled. Because every family is unique, so too is every divorce and family law case. Having experienced legal counsel will make a difference in the results of your case. For your Long Beach divorce and family law needs, count on Aiello & DiFalco LLP.
Helping Long Beach Families With Family & Matrimonial Law
Whether you are getting divorced, about to get married, or parenting a child with someone else, our family lawyers can assist with such legal needs as:
- Divorce
- Child Custody and Support
- Spousal Maintenance (Alimony)
- Property Division
- Mediation
- Prenuptial and Postnuptial Agreements
No family law matter is too complex for us, and we serve our clients with compassion and dedication to achieving the best possible outcomes.
Overview of Separation & Divorce in Long Beach
To file for divorce, a plaintiff’s spouse must allege one of seven specific grounds available in New York. They must also meet certain residency requirements. Divorces can be either contested (in which the spouses disagree on at least one issue or the grounds for the divorce) or uncontested.
Along with divorce, issues including child custody, child support, alimony, and property and debt division must also be addressed. Spouses typically do this through an out-of-court process known as mediation, in which a neutral third party facilitates settlement discussions. If mediation is a success, the resulting separation agreement will be submitted to the court for approval. You have the right to have legal counsel present during mediation so you can better understand your rights and obligations under a potential separation agreement.
If mediation fails or the parties cannot otherwise agree to the terms of the divorce, a judge will need to resolve the matter in a contested proceeding. Our firm is skilled with all aspects of separation and divorce, whether they are worked out in mediation or the courtroom.
Child Custody and Child Support
When deciding custody, courts are concerned primarily with the best interests of the child. Naturally, the two parents may disagree on how to protect those interests and who would make the better parent. Child custody is an intensely emotional issue in which one parent may feel they are being cut out of the child’s life or that the other parent isn’t fit to have more time with the child. We represent custody clients with compassion and understanding, plus a commitment to protecting their rights.
Child support in Long Beach is determined based on a calculator that takes several factors into account, such as the parent’s respective incomes and the amount of time the child spends with both of them. Custody and support are separate issues, however, and a parent who is not receiving support cannot prevent the other parent from having visitation with their child. Contempt is the appropriate remedy for violations of either support or custody orders, and we assist clients with all child support matters.
Spousal Maintenance (Alimony)
New York spouses can seek two different types of alimony: temporary and post-divorce maintenance. Temporary maintenance is intended to help a spouse make ends meet during the divorce process so they can continue to maintain the lifestyle they had during their marriage. Conversely, post-divorce maintenance provides financial assistance to a spouse after the divorce and is often awarded in cases of income disparity between the spouses.
Regardless of which side of the alimony issue you find yourself – the spouse in need of support or the one being asked to provide it – we can represent you and seek a fair result in mediation or court. We also represent spouses in contempt matters, whether they are the paying or receiving party.
Property and Debt Division
New York family law courts divide marital property and debts according to equitable distribution principles. Equitable does not mean equal; it means fair. Consequently, an exact 50/50 split of assets and liabilities is usually not the result. The court will instead consider numerous factors in deciding a fair outcome. Those factors include both spouses’ income and property, their age and health, and the length of the marriage.
Equitable distribution, like other divorce matters, can be negotiated and resolved during mediation or decided by the court. Either way, our firm can advocate for you.
Prenuptial and Postnuptial Agreements
Spouses can protect their assets and finances early by entering into a prenuptial agreement (before the marriage begins) or postnuptial agreement (after the marriage has begun). These agreements provide important safeguards to spouses who want to avoid lengthy litigation down the road or desire the peace of mind that comes with knowing certain property will not have to be shared in the event the marriage fails.
Experience That Matters to You and Your Family
Divorce, custody, and other family law matters may be the most emotionally trying experiences you will ever have to endure. We understand that you are concerned both for your well-being and that of your children and that you expect a law firm to serve you with professionalism, an extensive understanding of the law, and a focus on your interests.
That’s why Aiello & DiFalco LLP develops a personalized legal strategy for each client we represent. Both inside the mediation conference room and the courtroom, we are here to provide effective legal counsel as you move through this challenging chapter of your life.
Contact Our Long Beach Divorce & Family Law Attorney
If you have a family law or divorce matter in Long Beach, or you anticipate one emerging in the near future, give Aiello & DiFalco LLP a call. We can schedule your confidential consultation today.
Aiello & DiFalco LLP serves clients in Garden City, Hicksville, Long Beach, Massapequa, Nassau County, Suffolk County, Long Island, Queens, Brooklyn, and New York City.