Long Island Divorce Attorney Explains How Fathers Have Rights in Divorce Too
As a Divorce Attorney on Long Island, I meet many fathers who experience anxiety and worry over whether they will be able to maintain meaningful relationships with their children once a divorce or separation occurs. (more…)
Divorce Mediation on Long Island Can Be a Much Better Process for You & Your Family in in Nassau County & Suffolk County
What to Expect in Divorce Mediation in Nassau County & Suffolk County, Long Island
As a Long Island Divorce Mediator and Family Law Attorney, my experience has shown that for Nassau County and Suffolk County couples who can communicate amicably, divorce mediation is the least expensive least stressful, and quickest method of ending a marriage and moving on with their lives. (more…)
Long Island Divorce Lawyer Sees Bankruptcy & Divorce Go Hand-in-Hand in Nassau County and Suffolk County
As a divorce lawyer practicing in Nassau County and Suffolk County I have seen first-hand how often divorce and financial distress often go hand on Long Island. While we focus our practice on divorce and family law matters, we have a great deal of prior and current experience with the intricacies of bankruptcy law and cases on Long Island. (more…)
Your Long Island Divorce Has Far-Reaching Implications on Your Estate
Estate Planning Is Critical to Ensure Your Assets Don’t Go to Your Ex
As Long Island divorce attorneys, we are retained to help couples end their marriages, divide their marital assets and resolve issues of child support and visitation.
Long Island Divorce Lawyer Explains Residency Requirements for Divorce in Nassau County, Suffolk County
Bringing a Divorce Action in New York – Requirements for Residency
Many couples contemplating or facing divorce no longer live together. In many instances, spouses may live in two different states. Each state has specific requirements for length of residency before an individual can file for divorce in that state. Although New York now has “no-fault” divorce, which requires a breakdown in the marriage for a period of six months, the residency requirement must first be satisfied before a couple can get a divorce on Long Island.
What Constitutes Residency in Nassau County or Suffolk County?
Nassau County or Suffolk County Supreme Courts will hear a matrimonial proceeding so long as the parties have a sufficient connection to the State. Parties commonly establish a sufficient connection to the State by showing that they are residents. The “residency requirement” applies to proceedings for divorce, annulment, or judicial separation. Whether a person is a physical resident depends upon whether he has lived in the state for some length of time during the course of a year, resulting in a significant connection to the state.
Under New York law, residency can be established in one of five ways:
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the marriage ceremony took place in New York and one or both parties have lived in New York for at least one year prior to filing.
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the parties resided together in New York as husband and wife, and one or both parties have lived in New York for at least one year prior to filing.
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the cause of action took place in New York, and one of the parties has lived in New York for at least one year prior to filing.
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the cause of action took place in New York, and both parties live in New York at the time of filing.
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either party has lived in New York for two or more years immediately prior to filing.
One of these requirements must be satisfied in order for the divorce proceeding to be heard in New York. Residing continuously in the state for the stated period of time does not mean that the party cannot have left the state at any point during that time, and does not mean that the party cannot also maintain a place of residence in another state. However, as stated above, physical residence may be demonstrated by a place of residence and physical presence in the state, and a significant connection to the state. The residency requirement is intended to prevent out-of-state parties from choosing New York as a forum because the laws may be more favorable to them here.
Suffolk County or Nassau County Supreme Court Handles All Divorce-Related Matters: Child Custody, Visitation, Child Support, Spousal Support, Etc.
The Suffolk County or Nassau County court that handles the divorce proceeding will also have jurisdiction over issues related to divorce, such as child custody, visitation, child support, and spousal support. It will also be the court in which any amendments or modifications are made. Therefore, it is important that divorce actions are commenced in the home state of the plaintiff so that parties will not have the stress and expense of traveling out-of-state for each hearing or conference.
File for Divorce on Long Island to Avoid Commuting Out of State
For this reason, if your spouse lives in another state, but you live in New York, it might be wise for you to file in New York before your spouse files in his or her state. As long as your spouse can prove residency in the state or country to which he or she moved, he or she can likely file for divorce there. If a divorce proceeding is commenced in another state, you may be required to participate in the proceeding there. However, related issues such as child custody and visitation may be addressed separately, depending upon where the children reside.
Long Island Divorce Lawyer Helps Suffolk County Nassau County Residents
If you have questions about whether your Long Island divorce case meets the residency requirement for divorce in Suffolk County or Nassau County, NY, contact the compassionate and experienced Long Island divorce lawyers at the Office of Hornberger Verbitsky, P.C. at 631-923-1910for a free confidential consultation.
For more information about Divorce on Long Island, visit this page: Divorce Lawyers Answer Questions about Long Island Divorce
Download our Free New York Divorce Guide
Our 41-page “Guide to New York Divorce: What You Need to Know Before Hiring a Divorce Lawyer in New York” written by an experienced family law lawyer Long Island’s Robert E. Hornberger, Esq., provides you with real information on the divorce process and the laws it rests upon in the state of New York. This book will help give you a solid foundation upon which you can begin the process of making your family’s, life better. Download your Free Guide to New York Divorce here.
Get Answers to Your Divorce Questions:
- How to Know if It’s Time for a Divorce?
- Divorce or Legal Separation? Which is Right for Me?
- What are the Grounds for Divorce in New York State?
- How to Find the Right Divorce Lawyer
- What Are Your Child Custody Options?
- The Ins & Outs of Child Support on Long Island
- Do I Have to Pay Spousal Maintenance (Alimony)?
- How Does ‘Equitable Distribution’ Effect My Divorce (Marital Property)?
- What Other Options Do I Have to End My Marriage (Divorce Mediation, Collaborative Divorce)?
- How Do I Move On & Enjoy a Healthy Life After My Long Island Divorce?
Long Island Family Law Attorney Explains Annulments in Nassau County, Suffolk County
As a Family Law Attorney practicing in Suffolk County and Nassau County, Long Island, I am often asked by my clients about getting a marriage annulment. While a finalized divorce can end a marriage, an annulment can result in the marriage being declared void or invalid by a court order. Essentially, an annulment is different from a divorce in the sense that it is as though the marriage never took place in the eyes of the law. Keep in mind that obtaining a legal annulment does not constitute a religious annulment, which can only be granted by a church or clergy.
In certain cases, an annulment is the appropriate resolution of a marriage when a spouse can prove that the marriage was never legally valid. New York Domestic Relations Law Section 140 sets forth the grounds for and effects of annulment.
On Long Island, New York, a divorce can be granted upon the written, sworn testimony of the parties without a trial. In contrast, an annulment requires a hearing before a judge. One of the very specific grounds for annulment must be proven in court. For this reason, an annulment is more difficult to obtain for most marriages.
While a divorce can be based upon “irretrievable breakdown” in the marriage or a consensus that the marriage is unsuccessful, an annulment will not be granted based solely upon the parties’ desire for an annulment. Annulments can only be granted by court in Suffolk County or Nassau County in very specific circumstances. For an annulment, one of the below grounds must be conclusively proven in court.
Grounds for Annulment in Nassau County, Suffolk County, Long Island
There are five grounds upon which an annulment can be granted in New York:
1. One or both spouses were under the age of 18 at the time of the marriage. In New York, the marriage of any person under the age of 18 requires the written consent of both parents. Marriage of any person under the age of 16 needs the additional approval by a judge. If indeed one of both spouses was underage and the legal requirements were not met, this ground for annulment is waived if the spouses continue to cohabitate or live together after both have reached the age of 18.
2. One or both spouses were unable to consent to the marriage due to mental incapacity. For example, if a spouse could not give actual consent to the marriage because of lack of understanding of the nature, effect, or consequences of marriage as a result of some mental incapacity.
3. Either spouse is physically unable to have sexual intercourse. Physical capacity is needed to consummate a marriage with sexual intercourse. If the parties did not know of the physical incapacity at the time of the marriage, this can be a ground for annulment so long as the annulment is requested within the first five years of marriage.
4. Either spouse was incurably mentally ill for at least five years. If the spouse that suffers from mental illness has a period of sound mind and continues to freely cohabitate throughout this time, the marriage may be considered ratified. Mental illness as a ground for annulment may be waived if this is the case.
5. The marriage consent was obtained by duress, coercion, or fraud. If a spouse entered the marriage due to pressure or fraud. A fraudulent marriage may occur when a spouse entered the marriage for the purpose of obtaining immigration status. Another example is where a spouse claimed to be pregnant in order to induce the other party to marry them. These and similar situations may constitute a fraudulent marriage subject to annulment.
Legal Annulment is Different Than Religious Annulment
A marriage can also be declared to be a nullity by a court. This means that the marriage is automatically void and will not be legally recognized. While the record of marriage and annulment will still exist, the parties can consider themselves to have never been married. This can occur in the case of incestuous marriages or bigamous marriages, as these types of marriages are not legal in New York. A spouse in a void marriage can bring an action in court asking for a declaration of the nullity of a void marriage.
Even after a marriage is annulled and the spouses consider themselves to never have been married, children of the marriage will still be considered legitimate children of married parents. Parents will still be legally responsible for the children in terms of custody, visitation, and child support, and will be subject to relevant laws. Furthermore, the annulled marriage will still be subject to the state laws regarding division of marital property.
Contact Long Island Family Law Attorney for Information on Annulments in Nassau County and Suffolk County
If you are in Nassau County, Suffolk County, or the five boroughs of New York City, and you have questions about annulment and whether your marriage may be void or voidable, reach out to the Office of Hornberger Verbitsky, P.C. for a free consultation. Call us at 631-923-1910 or fill out the short form on this page and we’ll get right back to you.
Download our Free New York Divorce Guide
Our 41-page “Guide to New York Divorce: What You Need to Know Before Hiring a Divorce Lawyer in New York” written by an experienced family law attorney Long Island’s Robert E. Hornberger, Esq., provides you with real information on the divorce process and the laws it rests upon in the state of New York. This book will help give you a solid foundation upon which you can begin the process of making your family’s, life better. Download your Free Guide to New York Divorce here.
Long Island Family Law Attorney Offers Domestic Violence Help in Nassau County, Suffolk County
Domestic Violence and Orders of Protection on Long Island, New York
As a family law attorney serving Suffolk County and Nassau County residents of Long Island, I am saddened to see a number of domestic violence cases each year.
For a person experiencing family violence, including threats or other abusive behavior, an Order of Protection is a helpful tool that can help to limit the behavior of the offender.
In Suffolk County or Nassau County Family Court, these orders are often between a current and former spouse, a person with whom the victim has a child in common, another family member related by either blood or marriage, or a person with whom the victim has had an intimate relationship. Many Orders of Protection in New York are “limited” in that they allow contact between the offender (also known as the respondent) and victim (also known as the petitioner) so long as there is no harassment, physically abusive behavior, or other intimidating or threatening conduct.
Orders of Protection Vary in Nassau County and Suffolk County Family Courts
Orders of Protection can vary greatly depending on the circumstances of each case and the reason the order is needed. Orders of Protection can instruct an offender to “stay-away” from the victim and the victim’s children and/or to “refrain from” certain abusive behaviors or activities. In certain circumstances, an Order of Protection may direct the offender to move out of the home in order to protect the victim. An order will likely direct the offender to refrain from threats, intimidation, or physical abuse. The Order of Protection can also instruct the offender to follow custody orders, pay child support, to not have a gun, or to stop calling or texting the victim.
In Suffolk County & Nassau County, Orders of Protection Issued by Family Court, Criminal Court & Supreme Court
Orders of Protection may be issued by the Family Court, Criminal Court, or Supreme Court. The existence of any other legal proceeding involving the parties may determine which court issues the Order. For example, for couples involved in a divorce, an Order of Protection may be issued in Supreme Court where the matrimonial proceeding is pending. For parties involved in a domestic violence or other criminal charge in Criminal Court, the Criminal Court may issue the order. And, finally, a family member may petition the Family Court for an Order of Protection.
Family Offense Petition
In Family Court, the victim may wish to file what is called a “Family Offense Petition.” The petition should contain all of the relevant information, including the conduct and behavior that caused them to believe the protective order is necessary. Once the petition is filed, a temporary order of protection may be issued until the other party has a chance to appear in court. Once the court determines that, based on the petition, an Order of Protection may be necessary, both parties will be asked to appear in court. The judge will decide which terms and conditions are to be included in the order based upon the nature of the offense and conduct in the petition.
Orders of Protection Can Be Useful Deterrents for Abusive Behavior on Long Island
An Order of Protection is often a useful deterrent for abusive behavior. It is a crime to violate an Order of Protection. The Order acts as probable cause for an arrest if police are called to a scene of a domestic dispute. This means that the police will not have to use judgment in determining whether to arrest the offender at the scene; the order of protection will allow the police to arrest if it appears that the Order of Protection is being violated. Any violation of an Order of Protection can result in new criminal charges. It is important for offenders to know that even if the victim/petitioner initiates the contact, it does not excuse the violation of the Order of Protection.
Contact Long Island Family Law Lawyer for Information on Domestic Violence and Orders of Protection in Nassau County and Suffolk County
If you believe that you may need an Order of Protection, or if an Order of Protection has been issued against you, it is important that you speak with an experienced attorney to know your rights and options. The Law Office of Hornberger Verbitsky, P.C. can assist you with your Family Law and Divorce Law matters in Nassau County and Suffolk County. Contact our office at 631-923-1910 or fill out the short form on this page to schedule your free consultation.
Download our Free New York Divorce Guide
Our 41-page “Guide to New York Divorce: What You Need to Know Before Hiring a Divorce Lawyer in New York” written by an experienced family law lawyer Long Island’s Robert E. Hornberger, Esq., provides you with real information on the divorce process and the laws it rests upon in the state of New York. This book will help give you a solid foundation upon which you can begin the process of making your family’s, life better. Download your Free Guide to New York Divorce here.
Long Island Family Law Attorney Explains Step-Parent Adoption in Nassau County, Suffolk County
HOME ABOUT US OUR FIRM FIRM YOUR LEGAL TEAM ATTORNEYS YOUR ATTORNEYS ROBERT E HORNBERGER CHRISTINE M VERBITSKY ANNEMARIE LANNI LAWRENCE M. MARINO BRENDA LYNCH (Of Counsel) PRACTICE AREAS AREAS OF EXPERTISE What’s Involved In Divorce DIVORCE DIVORCE COLLABORATIVE...
Long Island Family Law Attorney says No-Fault Divorce reduces financial & emotion expense in Nassau County & Suffolk County
As an experienced Long Island Family Law Attorney practicing in Nassau County and Suffolk County courts, I have seen first-hand how the No-Fault divorce law has simplified the process and removed a lot of the emotional and financial costs of divorce in New York.
Long Island No-Fault Since 2010
Since 2010, divorce law in New York allows married couples to divorce without assigning blame to one party. The No-Fault Divorce law allows couples who wish to dissolve their marriage to do so without providing that a spouse committed an act such as cruelty, adultery or abandonment as previously required. The grounds for a “no-fault divorce” include demonstrating that the marriage has “broken down irretrievably” for a period of at least six months, which is in many states referred to as having “irreconcilable differences.” The couple need not live in separate residences for six months, but must allege that the marriage has been “broken down” for at least that period of time. A judgment of divorce will not be granted on the grounds of “irretrievable breakdown” until after marital property distribution, custody and visitation, and spousal and child support have all been decided.
No-Fault Spares Nassau Suffolk Couples Time, Stress, Money
By removing the need to prove fault in order for divorce to be acknowledged by the State of New York, divorcing couples and the courts are spared the time consuming and costly litigation over whether a divorce should be granted and why. Instead, the focus is shifted to an outcome that is in the best interests of the children and family, and an equitable division of marital assets. The “broken down irretrievably” is a more neutral ground for divorce upon which the divorcing parties can often agree. However, it is still up to the parties to make a showing that the relationship has, in fact, “broken down irretrievably.”
Fault Divorce Still Possible, but Costly on Long Island
An “at-fault divorce” is still possible in New York. If one party accuses the other of wrongdoing, such as adultery, an at-fault divorce may be effectuated if the other party admits to the wrongdoing, or if the wrongdoing is conclusively proven in court. The party accused of cheating may or may not choose to contest the allegation. The parties may instead use the question of infidelity in negotiation as they make decisions and compromise to achieve the divorce.
Because of the increased emotional nature of allegations of adultery, abandonment, or cruelty, many couples make the choice to file for divorce on the grounds of “irretrievable breakdown” even when there has been adultery, abandonment, or cruelty. This spares a party of the litigation of a contested divorce, including the need to prove that adultery, abandonment, or cruelty did in fact occur.
Adultery Tough to Prove in Nassau Count, Suffolk County Court
Adultery can be quite difficult to conclusively prove in court. Proof of adultery requires corroborating evidence from a third party witness. The accusing spouse will not be permitted to testify. Even an admission by the accused party that he or she did, in fact, cheat is not legally admissible evidence on which to grant a judgment of divorce. The accusing party may also need to show that he or she did not encourage the behavior, forgive the behavior, or learn of the behavior more than five years prior. This type of litigation can be extremely stressful, personally intrusive, and potentially damaging to the reputation of both parties.
No-Fault Reduces Emotional Toll of Divorce on Long Island
Similarly, in a case of cruel and inhuman treatment, it may be quite difficult for an abused spouse to provide conclusive proof upon which the court can base a judgment of divorce. A victim of domestic violence who wishes to file for divorce might consider a no-fault ground rather than the “cruel and inhumane treatment ground” in order to avoid any continued trauma that could result from a divorce proceeding in which he or she might be forced to engage in a lengthy adversarial proceeding with the abuser.
Proving Fault Doesn’t Mean You’ll Get More From Spouse in Nassau County or Suffolk County Court
It may also come as a surprise that a wrongdoing such as adultery may have only a slight impact, if any, on the outcome of the divorce. The assignment of blame does not necessarily change the equitable distribution awards or the apportionment of marital assets. The judge will still focus on fairly splitting the assets and what type of custody or visitation with the children is in the best interests of the children and family as a whole. Many factors are considered by the judge in order to determine the appropriate distribution of assets and custody of children. To the dismay of the betrayed spouse, evidence or an accusation of adultery may have little effect on this calculation.
Consult an Experienced Family Law Attorney on Long Island Before Seeking a Fault Divorce in Nassau County or Suffolk County
Married couples dealing with the infidelity or abuse of a spouse should seek the advice of a skilled divorce attorney. If the terms of the divorce can be resolved privately between the parties in mediation, the spouses can be spared the time, stress, and cost of an adversarial proceeding while achieving mutually agreeable results. Reach out to an experienced Long Island Family Law Attorney at the Offices of Robert E. Hornberger, P.C. at 631-923-1910 or fill out the short form on this page to schedule a free divorce consultation with a skilled expert on your matrimonial concerns.
Download our Free New York Divorce Guide
Our 41-page “Guide to New York Divorce: What You Need to Know Before Hiring a Divorce Lawyer in New York” written by an experienced family law attorney Long Island’s Robert E. Hornberger, Esq., provides you with real information on the divorce process and the laws it rests upon in the state of New York. This book will help give you a solid foundation upon which you can begin the process of making your family’s, life better. Download your Free Guide to New York Divorce here.
