Divorce is a major life transition that can impact your finances, family, and future. Whether you are considering filing for divorce or have already started the process, having the proper legal guidance can make a significant difference.
At Aiello & DiFalco, LLP, we help individuals and families in Long Beach, NY, through every step of the divorce process. Our team is committed to protecting your rights and working toward a fair resolution that allows you to move forward with confidence. Contact us today for a confidential consultation.
Understanding Divorce in New York
New York offers both no-fault and fault-based divorce options. Most couples choose a no-fault divorce, which requires one party to state that the marriage has been irretrievably broken for at least six months. This approach allows for a smoother process without proving wrongdoing.
However, fault-based divorce is still an option. You may file on grounds such as:
- Adultery
- Abandonment for a year or more
- Cruel and inhuman treatment
- Imprisonment for three or more years
While fault-based divorce can impact certain aspects of a case, such as spousal support, many couples prefer to settle their differences outside of court. We can help you determine the best approach for your situation.
Key Issues in a Divorce
Divorce involves several legal and financial matters that must be resolved before a final agreement is reached. We assist with all aspects of divorce, including:
Division of Marital Property
New York follows equitable distribution, meaning that assets and debts are divided fairly but not always equally. Marital property includes income, real estate, investments, and retirement accounts acquired during the marriage. Separate property, such as inheritances and pre-marital assets, typically remains with the original owner. We work to protect what matters most to you.
Spousal Support (Alimony)
Spousal maintenance may be awarded based on factors such as:
- The length of the marriage
- Each spouse’s income and future earning potential
- Contributions to the household, including raising children or supporting a spouse’s career
We help ensure that any support arrangement is fair and considers both parties’ financial situations.
Child Custody and Visitation
When children are involved, custody and parenting time are among the most important decisions in a divorce. Courts prioritize the best interests of the child, considering factors such as:
- Each parent’s ability to provide a stable home
- The child’s relationship with each parent
- Any history of domestic violence or substance abuse
Custody may be joint or sole, and we help craft parenting plans that work for your family. If custody disputes arise, we advocate for a resolution that serves your child’s well-being.
Child Support
New York follows the Child Support Standards Act (CSSA) to determine support payments. The amount is based on a percentage of the paying parent’s income, considering the number of children. Support is intended to cover housing, education, healthcare, and other essential needs. If circumstances change, modifications may be requested.
The Divorce Process in Long Beach, NY
Filing for Divorce
One spouse must file a divorce petition with the court, and the other must be served with legal notice. If both spouses agree on all terms, the process can move quickly. If disagreements arise, negotiation or court intervention may be necessary.
Contested vs. Uncontested Divorce
- Uncontested Divorce: Both spouses agree on all terms, making the process faster and less costly.
- Contested Divorce: Disputes over property, custody, or support require negotiation or litigation.
Mediation and Alternative Dispute Resolution
Many couples prefer to settle their divorce outside of court through mediation or collaborative divorce. These options allow both parties to work toward a fair agreement while avoiding the stress and expense of litigation. We guide clients through these options whenever possible.
Litigation When Necessary
If settlement discussions fail, a judge may need to decide contested issues. We are prepared to represent you in court and advocate for the best possible outcome.
Why Choose Aiello & DiFalco, LLP?
At Aiello & DiFalco, we understand that divorce is not just a legal process—it’s a personal journey. We listen to your concerns, explain your options, and develop a strategy tailored to your goals. Whether you are pursuing an amicable resolution or preparing for litigation, we are here to provide support and advocacy throughout the process.
We will leverage our extensive experience handling divorce cases in Long Beach and our strong negotiation skills to help secure a fair settlement. Above all, you can be confident in our commitment to protecting your rights and long-term interests. If you are facing divorce in Long Beach, New York, you are not alone. Aiello & DiFalco is here to provide the legal support you need. Contact us today to learn how we can help.
Aiello & DiFalco LLP serves clients in Garden City, Hicksville, Long Beach, Massapequa, Nassau County, Suffolk County, Long Island, Queens, Brooklyn, and New York City.