Getting a Divorce in Nassau County
If you are gearing up for a divorce, there is a lot you need to know. Though the process can seem overwhelming, with a bit of self-education and the help of an experienced attorney, it does not have to be. Please read on and reach out to our compassionate Nassau County divorce attorney to learn more about the legal process going forward.
What are residency requirements?
To get a divorce, you will have to first satisfy Nassau County’s residency requirements. They are as follows:
- You or your spouse have lived in New York without interruption for at least two years
- Both you and your spouse are residences of the state on the day of filing
- You or your spouse have lived in New York in the year before the divorce case and you either got married in New York, have lived in New York as a married couple, or the grounds for your divorce occurred in New York State
What do Nassau County courts view as grounds for divorce?
Divorcing spouses in Nassau County very often wish to cite fault grounds as their reasoning for wanting a divorce. Fault grounds recognized in Nassau County are as follows:
- The irretrievable breakdown for a period of 6 months or more prior to the commencement of the action for divorce
- Divorce after a legal separation agreement
- Divorce after a judgment of separation
- Domestic abuse
- Cruel and inhuman treatment
If your spouse has committed an act of adultery or otherwise, you understandably may wish to use this as your reasoning for divorce. Unfortunately, you may be surprised to learn that this seldom helps your case. When you cite fault grounds, your spouse has a chance to dispute them, which often only prolongs the process, increasing both hostility and potential lawyer fees, as you may have to return to court multiple times. Fortunately, New York is a “no-fault” state, which means you are not required to cite fault grounds. What’s more, with certain exceptions, citing fault grounds rarely impacts the outcome of your divorce, which is why our firm generally advises our clients to not go that route.
What is the divorce process like?
First, you will file a Complaint for Divorce. If you are the financially dependent spouse, you may request temporary financial assistance until the divorce is finalized. Our firm can help you do so. Next, you will enter the discovery period where the courts will require key financial documents so they can more accurately assess your overall financial situation. If you are in a contested divorce, you will most likely enter the litigation process where the court will address all contested issues, such as the division of assets like your house, car, and other financial aspects of your marriage. From here, once the judge makes his or her decision regarding your divorce terms, the court will issue a final Judgement of Divorce. If you are dissatisfied with the outcome of our divorce, our firm can still appeal the decision, either now or in the future.
Contact our experienced Nassau County firm
The Pollack Law Firm, P.C., rated Nassau County’s “BEST” divorce lawyers and proudly serving clients in Nassau and Suffolk County for more than 22 years, is always available to assist and represent parties in divorce, separation and all other matrimonial and family law matters. Contact us online or call today to schedule your complimentary case analysis: (516) 938-3330.