Long Island Divorce Lawyer

Experienced Legal Representation from a Nassau County Divorce Attorney

At Jason M. Barbara & Associates, P.C., our Long Island divorce lawyers have extensive experience handling complex family law matters. Whether your matter involves separation, estrangement, alienation, accusations of domestic violence, the existence of a prenuptial agreement, or a significant number of assets in a contested divorce, we have the knowledge and tools to aggressively protect your interests throughout the legal process.

Filing for divorce in Nassau County? Don't hesitate to contact our Long Island divorce attorney. Call (516) 406-8381 today! 

Our goal is to learn about your concerns and establish a plan of action that will help you reach a satisfactory divorce settlement. We can start helping you today by answering questions such as:

• What are the grounds for divorce?
• What is the divorce process?
• Are there alternatives to divorce?
• Divorce FAQS

What are the Grounds for divorce in New York?

Divorce cases are governed by New York's Domestic Relations Law. Until 2010, a party seeking divorce could only do so on specific grounds that essentially put one party "at fault" for the breakdown of a marriage.

Some of the at-fault grounds for divorce include:

• Cruel and Inhuman Treatment
• Adultery
• Abandonment
• Imprisonment

In 2010, the legislature added an additional ground for divorce, which is the irretrievable breakdown of a relationship for a period of at least six months. This new ground created a "no fault" basis for seeking divorce.

Nassau County courts will not finalize a divorce until specific issues between the couple are resolved. Some of the issues that couples must confront and decide upon include:

• Distribution of Marital Property
• Spousal Support
• Child Custody
• Child Support
• Visitation

What is the Process of Divorce in Long Island?

The specific details of the divorce process may vary based on individual circumstances and the specific court's procedures, however, the process of divorce in Long Island generally follows these steps:

Consult with a Long Island Divorce Attorney.

Start by seeking guidance from an experienced divorce attorney in Long Island who can assess your situation, explain the legal process, and provide personalized advice.

Determine Grounds for Divorce.

Determine the grounds for divorce, which can be either fault-based (such as adultery or cruelty) or no-fault based on the irretrievable breakdown of the marriage for at least six months.

File the Divorce Petition.

Prepare and file a divorce petition with the appropriate court in Long Island. The petition should include details about you, your spouse, the marriage, and the grounds for divorce.

Serve the Divorce Papers.

Serve the divorce papers on your spouse in compliance with the specific service requirements set by the court. Proper service is crucial for legal validity.

Respond and Negotiate Important Issues.

Once served, your spouse has the opportunity to respond to the divorce petition. Negotiations regarding important issues like child custody, property division, and support may occur during this phase.

Discovery and Disclosure.

Both parties exchange relevant financial and other necessary information through a process called discovery. This ensures transparency and fairness in the divorce proceedings.

Reach a Settlement or Go to Trial.

If an agreement is reached through negotiation or alternative dispute resolution methods like mediation, a settlement can be drafted. If not, the case may proceed to trial, where a judge will make decisions on unresolved issues.

Finalize the Divorce.

If an agreement is reached, it is submitted to the court for approval. Once approved, a judgment of divorce is issued, officially ending the marriage.

Address Any Post-Divorce Matters.

Address any post-divorce matters such as enforcing court orders or modifying custody or support arrangements, if necessary.

It's crucial to consult with a knowledgeable divorce attorney in Long Island to guide you through each step of the process, protect your rights, and help you achieve a fair and favorable outcome.

Our Long Island divorce lawyer offers only the highest quality legal counsel. Contact us for a free consultation.

Are There Alternatives to Divorce?

Annulment is a marital dissolution process whereby the resulting legal effect is that the marriage effectively never took place. Therefore, it is only available under very limited circumstances, which include those cases where the marriage could not have legally taken place for one reason or another.

Some examples of this include:

• One of the parties was a minor
• One of the parties lacked the mental capacity to enter into the marriage (such as in the case of mental illness)
• One of the parties was still legally married to a former spouse
• There is evidence of fraud or duress at the time the relevant party consented to the marriage

Separation is a legal procedure which has the effect of solidifying the decision that the parties will live their lives as separate individuals, but that neither party may legally re-marry. A separation may be converted into a divorce judgment by either party after at least one year has passed.

A judgment of separation also has specific pleading requirements, such as allegations of abandonment, adultery, or the other spouse's imprisonment for three years or more.

Our firm can answer all your questions regarding divorce in New York. Contact us online or call (516) 406-8381 today!

Understanding Family Divorce in Nassau County, NY

When navigating the complexities of family divorce in Nassau County, it's essential to understand the local landscape and resources available to you. The Nassau County Family Court, located in Mineola, is a vital resource for those seeking to resolve family law matters, including divorce. This court handles a variety of cases, from child custody to spousal support, and can provide guidance on the legal processes involved.

Residents of areas like Garden City, Hempstead, and Long Beach often face unique challenges during divorce proceedings. The emotional toll of separation can be compounded by concerns over child custody arrangements, financial stability, and the division of shared assets. Many individuals worry about how a divorce will impact their children, especially in a community where family ties are strong. Understanding the local laws and available support systems can help alleviate some of these concerns.

Additionally, local organizations such as the Nassau County Bar Association offer resources and referrals for individuals seeking legal assistance. They can help you connect with professionals who understand the nuances of family law in our area. Whether you are dealing with a contested divorce or seeking mediation, knowing where to turn for help can make a significant difference in your experience.

Contact Our Long Island Divorce Lawyer for Your FREE Consultation

At Jason M. Barbara & Associates, P.C., we know how New York divorce procedures work, and we know what you are entitled to during divorce. When you retain our services, you have the benefit of our knowledge, our experience, and our success handling divorce matters.

We will take the time to listen to your concerns, analyze your case, and help you formulate a plan that meets all of your needs during the legal process. Our lawyers can deal with the legal issues of your divorce, help you protect your assets and your interests, and deal with your spouse on your behalf.

For quality legal assistance with your divorce, contact our divorce lawyer today by calling (516) 406-8381!