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Navigating a Stepfamily Divorce on Long Island, NY

by | Mar 28, 2023 | Divorce Long Island, NY

If you’re divorcing your second spouse, and you have stepchildren now, you may feel like you’re in uncharted territory. While your divorce is between you and your spouse, the many issues involving stepchildren in a second marriage make it seem more like a stepfamily divorce. Child custody and support matters become infinitely more complex in stepfamilies, but, rest assured, you’re not alone. This is more common situation these days than you might think. While there are some differences between first and second divorces, there are also many similarities. Here’s what you should know and how to get legal help if you’re considering or getting a divorce from your stepfamily.

The Impact of Stepfamily Divorce in NY

The impact of stepfamily divorce can be far-reaching and complex. In addition to the emotional upheaval that accompanies any divorce, stepfamily divorce often entails additional challenges such as dealing with feelings of betrayal, guilt, and loss.

There’s also navigating complicated family dynamics and managing financial decisions that can have long-term consequences. Children in particular may struggle with feelings of abandonment and confusion as they try to make sense of their changing family structure.

Is Your Stepfamily Divorce Contested or Uncontested?

Like any dissolution of marriage, there are generally two types of stepfamily divorce: contested and uncontested.

Contested Divorces for Stepfamilies in NY

Contested divorces involve disagreements about important issues in the divorce like property division or child custody and tend to be more complicated and expensive than uncontested divorces. If you and your spouse can’t agree on these important issues, you may be forced to litigate. In some situations, it may be in your best interests or the best interests of your children or stepchildren.

Uncontested Divorces for Stepfamilies in NY

Uncontested divorces are usually more affordable because there’s less time spent with lawyers and in court. In this type of divorce, both spouses agree on all aspects of the dissolution before filing for it, eliminating the need for a judge to make decisions for them.

Which type of Long Island, NY divorce is right for you and your stepfamily depends on many factors, like how much money you make, if you had biological children in addition to stepchildren, and what you stand to gain or lose if you go to court.

Fighting For Access to Your Stepchildren

If you have been denied access to your stepchildren, you may be able to pursue legal action. Depending on the situation, stepparents may be able to file petitions for visitation or even custody rights. If you’ve formed a meaningful relationship with your stepchildren, you may need legal assistance to help protect it.

Protecting Yourself from Undue Child Support

Stepparents are especially vulnerable to undue child support when divorcing a stepfamily. The children’s biological parent may try to obtain child support from the stepparent, claiming that the stepparent was a de facto parent to the child during the marriage and should therefore be responsible for financially supporting the child. However, stepparents can take certain steps to protect themselves from being held liable for undue child support.

Frequently Asked Questions About Stepfamily Divorces

How Do Stepfamily Divorces Differ from First-Time Divorces?

While divorce is always a difficult and emotionally charged process, stepfamily divorces often present unique challenges. For example, there may be more than one set of divorce proceedings taking place simultaneously, such as if there are children from multiple marriages involved.

The financial stakes are also often higher, as there may be more assets and debts to divide between the parties, and child custody and visitation arrangements can be more complicated to work out.

Will I Be Required to Pay Support for a Stepchild?

The answer to this question depends upon the situation and what aligns with the best interests of the child. In some instances, the law may require that stepchildren receive financial support from a stepparent, particularly if the stepparent is the primary caretaker. Or, the court may grant support to stepchildren if the biological parent is unable or unwilling to provide financial support.

Ultimately, each case must be evaluated on its own merits, and it is important to consult a qualified Long Island, NY family law attorney to determine the legal obligations in each situation.

Get Experienced Help From an Experienced Long Island, NY Divorce Lawyer When You Need It Most

At Hornberger Verbitsky, P.C., we understand how complex and time-intensive a stepfamily divorce can be, and we’re committed to helping our clients navigate this difficult process. Contact us today to learn more or to book a free initial consultation to discuss what legal options may be available to you by dialing 631-923-1910 or filling out the short form on this page.

 

 

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About the Author

Robert E. Hornberger, Esq., Founding Partner, Hornberger Verbitsky, P.C.

  • Over 20 years practicing matrimonial law
  • Over 1,000 cases successfully resolved
  • Founder and Partner of Hornberger Verbitsky, P.C.
  • Experienced and compassionate Long Island Divorce Attorney, Family Law Attorney, and Divorce Mediator
  • Licensed to practice law in the State of New York
  • New York State Bar Association member
  • Nassau County Bar Association member
  • Suffolk County Bar Association member
  • “Super Lawyer” Metro Rising Star
  • Nominated Best of Long Island Divorce Attorney four consecutive years
  • Alternative Dispute Resolution Committee Contributor
  • Collaborative Law Association of New York – Former Director
  • Martindale Hubbell Distinguished Designation
  • America’s Most Honored Professionals – Top 5%
  • Lead Counsel Rated – Divorce Law
  • American Institute of Family Law Attorneys 10 Best
  • International Academy of Collaborative Professionals
  • Graduate of Hofstra University School of Law
  • Double Bachelor’s degrees in Philosophy, Politics & Law and History from SUNY Binghamton University
Divorce Lawyer Long Island New York
Melissa Rappa
Melissa Rappa
18:09 08 Feb 24
At one of the hardest and most stressful times of my life, it was so comforting to have a team at Hornberger and Verbitsky who ALWAYS responded in record speed to my questions, phone calls, emails or texts and who I felt really cared about helping me through this difficult time. It was a long few years and I am grateful to all of you. Thank you so much Rob, AnneMarie, Christine, Patty, Joan and Lawrence. Your guidance, professionalism and expertise is appreciated beyond measure.
Paul Carmichael
Paul Carmichael
16:21 11 Dec 23
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