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Divorce Lawyers in Nassau County New York

Divorce law requires a thorough awareness of the potential outcomes and important factors involved before beginning. The Law Offices of SRIS, P.C. is your ally as you navigate this challenging landscape, offering insights into divorce processes. Divorce Lawyers in Nassau County New York, are committed to supporting you through this stage of life with sensitivity and knowledge because we appreciate the emotional upheaval and legal complications that come with it.

Grounds for Divorce:

The legal reasons a couple can get a divorce vary from state to state. Some common grounds for divorce include:

  • Irreconcilable differences
  • Adultery
  • Desertion
  • Cruelty
  • Habitual intemperance (alcohol or drug abuse)
  • Imprisonment
  • Mental incapacity
  • Physical incapacity


Couples must be physically apart for a specified amount of time in several states before they can petition for divorce. The waiting period allows partners to create space for resolving issues or confirming their intention for a divorce.

Division of Property:

When a couple divorces, they must split the property. The laws of the state where they reside dictate how property gets distributed. Property obtained during a marriage is often regarded as marital property in most states and is split equally between the spouses. Separate property is that which one spouse obtained before the wedding or that which they inherited.

Spousal Support (Alimony):

After a divorce, one spouse provides the other with financial backing, known as alimony. The spouse with a lower earning capacity or absent from the workforce to raise children receives spousal support. The laws of the state where the couple resides and the case’s particular facts decide the amount and length of spousal maintenance.

Custody and Visitation Rights:

The court determines the custody of a couple’s children and the time each parent will spend with them. The best interests of the kids, the parents’ preferences, and the parents’ respective capacities to meet the kids’ emotional and physical needs are all things the court takes into account when making these choices.

Child Support:

Child support is a payment made by one parent to the other to assist in providing for the child. Typically, child support continues until a child reaches a specified age or graduates from high school. The laws of the state where the couple resides and the case’s particulars decide the amount of child support.

In addition to these fundamental ideas, divorce cases involve various legal challenges. These problems might be complicated; therefore, legal counsel might be necessary.

It’s crucial to comprehend the fundamentals of divorce law in your state if you’re considering filing for divorce. Additionally, you ought to speak with a lawyer to discuss your circumstances and seek support on proceeding legally.

Residency Requirements:

You must adhere to the state’s residency rules to apply for divorce there. These requirements differ from state to state, but they usually ask for you to have lived in the state for a predetermined amount of time, such as six months or a year.

There are a few exceptions to residency requirements. For example, if you are a military member stationed in a specific state, you might be able to file for divorce there, even if you have not met the residency requirements.

Determining Jurisdiction:

Once you have met the residency requirements for a particular state, that state will have jurisdiction over your divorce case. It means that the courts in that state have the authority to hear your case and make decisions about your divorce, such as property division, child custody, and alimony.

It can happen if the spouses live in different states or if they have moved around recently. In these cases, the courts will examine several factors to determine which state connects most to the point. These factors may include the following:

  • The place where the spouses were married
  • The place where the spouses last lived together
  • The place where the spouses have children
  • The place where the spouses have assets
  • The place where the spouses have been living most recently

Based on the specifics of each case, the court will eventually decide which state has jurisdiction over the dispute.

You might be allowed to file for divorce in another state, even though a state has jurisdiction over your case. However, other aspects of your divorce, including child custody, might have yet to be decided by the court in the second state.

If you’re considering divorce, you must talk to a lawyer about your residency requirements and determine which court will hear your case. Divorce Lawyers in Nassau County New York, can represent you in court and assist you in understanding the laws in your state.

Legal Process and Steps Involved in a Divorce:

Filing for Divorce:

Filing a divorce petition with the court is the first step in the divorce procedure. One of the spouses must file the petition, and it must contain the following information:

  • Names of the partners
  • When was the marriage?
  • The divorce grounds
  • The remedy the petitioner is looking for (such as alimony, child support, or property split)

The court with jurisdiction over the case must receive the petition. The county where the couples reside or where the marriage took place is the location of this court.

Serving Divorce Papers:

Once you file the divorce petition, you must serve the other spouse with the papers. You must provide them with a copy of the petition and other legal documents. There are a few different ways to serve divorce papers, including:

  • Personal service is the most common way to serve divorce papers. A process server will hand-deliver the documents to the other spouse.
  • Substituted service: The process server can leave the papers with a responsible adult at the other spouse’s home or workplace.
  • Publication: This becomes a last-resort option if other means of locating or serving the spouse are impossible.

Discovery and Disclosure:

Discovery takes place after addressing the divorce petition. It is the procedure by which spouses exchange information. This information can include financial statements, tax reports, and other documents related to the marriage.

Discovery is crucial because it enables each couple to comprehend the financial status of the other spouse. Determining things like alimony, child support, and property split depends on this information.


If the spouses cannot agree, the case will go to trial. It is a formal hearing where the judge will hear evidence from both partners and decide on the divorce.

Trials can be expensive and time-consuming. They are also emotionally draining for the spouses and their families.

Final Decree of Divorce:

Once the judge renders a decision, the case’s conclusion will occur. It is called the final decree of divorce. The decree will outline the divorce terms, such as alimony, child support, and property division.

The divorce process can be long and complex. However, it is essential to remember that many resources are available to help you through the process. If you are considering divorce, speaking to an attorney to discuss your options is essential.

Community Property and Equitable Distribution:

Community Property:

No matter how it is titled, in places where this applies, all property acquired during a marriage is considered community property. It covers assets acquired by either spouse during the wedding and gifts and inheritances received by either spouse.

In states with equitable distribution, they consider all assets acquired during the wedding as marital property. Contrary to states with community property laws, the court is not required to split the marital estate equally in the event of divorce. Instead, the court will divide the property as it considers fair.

The factors that the court will consider when dividing marital property include:

  • The duration of the marriage
  • The income and profit capacity of each partner
  • The age and health of each spouse
  • The needs of any dependent children
  • The contributions of each spouse to the wedding, both financial and non-financial
  • The wasteful or extravagant spending of either spouse
  • Any marital misconduct by either spouse

Marital Property vs. Separate Property:

Some assets are considered separate property in both community property and equitable distribution states. The particular property is not subject to division upon divorce.

Some examples of separate properties include:

  • Property owned by either partner before the wedding.
  • Property acquired by either spouse by present or inheritance.
  • Property acquired by either partner in exchange for a particular property
  • Property acquired by either spouse after the divorce.

The categorisation of assets as marital or separate can be complex, and it is essential to speak to

Divorce Lawyers in Nassau County New York, to get help with this issue.

Here are some factors that might influence the categorisation of property:

  • The parties’ intent: Did the spouse who acquired the property intend for it to be separate?
  • The titling of the property: Is the property titled in the name of one spouse or both spouses?
  • The source of the funds used to acquire the asset: Were the funds used to purchase the property separately or maritalally?
  • The commingling of separate and marital property: If you mix the specific property with matrimonial assets, distinguishing between them may take work.

Calculating Alimony:

There are several different methodologies for calculating alimony amounts. The most common method is the “modified need standard.” Under this standard, the court will determine the supported spouse’s needs first. It includes housing, food, clothing, transportation, and medical expenses. The court will then determine the ability of the supporting spouse to pay. It consists of the supportive spouse’s income, assets, and costs.

The court will then use these two figures to determine the amount of alimony. The maintenance amount will typically equal the difference between the supported spouse’s needs and the supporting spouse’s ability to pay.

The court may also consider other factors when calculating alimony, such as the standard of living enjoyed during the marriage and the likelihood of the supported spouse becoming self-supporting.

Dependency Exemptions and Tax Credits:

If you’re married, you can list your spouse and any dependent children as dependents on your tax return. As a result, you can deduct taxes for each dependent. Depending on various criteria, such as the custody agreement and the amount of time the children spend with each parent, you could still be eligible to claim your children as dependents after a divorce.

Additionally, you can qualify for your kids’ tax credits, like the dependent care credit and child tax credit. These credits range in value depending on your income and the number of kids you have.

Navigating Changes in Filing Status:

If you’re married, you and your partner file your taxes jointly. You must file your taxes individually after a divorce. It may significantly impact your tax liability.

You might be better off filing separately if your income is substantial. It is because you won’t be able to take advantage of the tax breaks and credits that apply to married people.

However, filing can be preferable if you have a low income. It is because you can be eligible for more.

Property Transfers and Capital Gains:

If you transfer an asset to your spouse, you may have to pay capital gains tax on the appreciation in the asset’s value since you acquired it. However, there are some exceptions to this rule. For example, you may not have to pay capital gains tax if you transfer the asset to your spouse as part of a property settlement.

If you receive an asset from your spouse, you may have to pay capital gains tax on the appreciation in the value of the asset since your spouse acquired it.

By choosing The Law Offices of SRIS, P.C., you get legal representation and a committed team that puts your interests and well-being first. Divorce Lawyers in Nassau County New York, handle the complex legal issues on your side. You can rely on us to preserve your rights, fight for your needs, and ensure a less stressful legal process while you go through the difficulties of divorce. Let us handle the legal problems so you may concentrate on getting well and looking forward to the future.

Frequently Asked Questions:

FAQ 1: What reasons can lead to a divorce?

Answer: Grounds for divorce vary by jurisdiction. They can include no-fault options like irreconcilable differences or fault-based grounds like adultery, cruelty, abandonment, and more.

FAQ 2: What’s the difference between a contested and an uncontested divorce?

Answer: In an uncontested divorce, both parties agree on significant issues like property division and child custody. A contested divorce involves disputes that often require court intervention to resolve.

FAQ 3: How is property divided during a divorce?

Answer: Property division depends on the jurisdiction. It may follow equitable distribution (fair division) or community property (equal division) principles, considering factors like contributions, needs, and duration of the marriage.

FAQ 4: How is child custody determined?

Answer: The court considers the child’s best interests when determining custody. Consider the Factors like parental abilities, relationships, and the child’s preference (if appropriate).

FAQ 5: What is alimony/spousal support, and how is it determined?

Answer: Alimony is financial support from one spouse to the other post-divorce. Its amount and duration depend on factors like the length of the marriage, earning capacities, and the economic needs of both parties.

FAQ 6: Can child support be modified after the divorce?

Answer: Child support orders can be modified if there’s a notable change in circumstances, such as income fluctuations or adjustments in the child’s needs.

FAQ 7: Do I need a lawyer for my divorce?

Answer: While you can represent yourself, having a divorce lawyer is advisable, especially for complex cases. Divorce Lawyers in Nassau County, New York, can provide legal support, protect your rights, and guide you.

FAQ 8: How long does the divorce process usually take?

Answer: The duration varies widely depending on factors like jurisdiction, complexity of issues, and how contested the divorce is. It can range from a few months to several years.

FAQ 9: How does divorce affect taxes and estate planning?

Answer: Divorce can impact taxes, such as filing and deductions. It’s essential to update your estate plan to accurately reflect alterations in beneficiaries and assets, ensuring they uphold your wishes.

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