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Divorce in New York involves various legal requirements, including residency rules and grounds for divorce. Awareness about these requirements can help individuals going through the process avoid unnecessary delays. If you are contemplating a divorce, you should consult a divorce attorney with extensive experience and a proven record and reputation in the field.  Is There a Mandatory Divorce Waiting Period in NY? Unlike some states that impose a mandatory waiting period before a divorce can be granted, New York does not have a statutory waiting period for divorce.  However, the length of time it takes to finalize a divorce in New York can vary due to multiple factors, such as whether the divorce is contested or uncontested, court backlogs, and the complexity of the case. Residency Requirements Before Filing for Divorce in New York Before filing for divorce in New York, at least one spouse must meet the state’s residency requirements under Domestic Relations Law § 230. One of the following conditions must be met: Two-Year Residency Rule: Either spouse must have continuously lived in New York for at least two years before filing. One-Year Residency Rule: One spouse must have lived in New York for at least one year, and the couple must have: Married in New York Lived in New York as a married couple The grounds for divorce must have occurred in New York Both Spouses Are Residents: If both spouses were New York residents when the divorce was filed, and the grounds for divorce arose in New York, there is no additional residency waiting period. Timeline for an Uncontested Divorce in New York An uncontested divorce occurs when both spouses agree on all terms, including child custody, spousal support, and division of property. The steps for an uncontested divorce typically include: Filing a Summons and Complaint – The plaintiff (spouse initiating the divorce) submits the necessary forms to the court. Serving the Defendant – The other spouse must be served with the divorce papers within 120 days of filing. Defendant’s Response – The defendant can sign an Affidavit of Defendant, agreeing to the divorce. Submission to Court – Once all paperwork is complete, the case is submitted for judicial review. An uncontested divorce may take anywhere from six weeks to six months, depending on court processing times and how quickly the parties complete the paperwork. Timeline for a Contested Divorce in New York A contested divorce occurs when spouses disagree on key issues, requiring court intervention. The process includes: Filing and Serving Divorce Papers – The plaintiff files a divorce complaint, and the defendant has 20–30 days to respond. Preliminary Conference – The court schedules an initial meeting to outline the issues in dispute. Discovery Phase – Both parties exchange financial documents and other relevant evidence. Settlement Efforts – Mediation or negotiations may occur to resolve disputes before trial. Trial – If no agreement is reached, a judge will hear the case and issue a ruling. A contested divorce timeline may range from six months to a few years, depending on the complexity of disputes. Factors That Can Delay a Divorce in New York Even though there is no official waiting period for a divorce under New York law, several factors can extend the time it takes to finalize a divorce: Backlogged Court System – High case volumes can lead to processing delays. Failure to Respond or Cooperate – If a spouse refuses to participate, the divorce proceedings may take longer. Disputes Over Assets or Custody – Complex financial matters or child custody battles can significantly extend the timeline. Errors in Paperwork – Incomplete or incorrect filings may result in delays or rejections of a divorce agreement. Common Misconceptions About New York Divorce Law Waiting Period Many people mistakenly believe that New York requires a mandatory waiting period before a divorce can be finalized. In reality, New York does not impose a statutory waiting period after filing for divorce. However, factors such as court processing times, residency requirements, and whether the divorce is contested can affect the timeline. Another common misconception is that in a no-fault divorce state like New York, an uncontested divorce is always quick. While it can be finalized in as little as six weeks, court backlogs may cause delays. Some people also mistakenly believe legal separation is required before divorce, but this only applies to separation agreement-based divorces. Our Long Island Divorce Lawyers Will Support You Through the Divorce Process At Petroske Riezenman & Meyers, PC, our Long Island divorce attorneys will guide you through each step of the divorce process, advocating for your best interests. Assessing Your Legal Options Every divorce is unique, and the right approach depends on the circumstances of your marriage and your goals for the future. Our attorneys will carefully assess your case and explain the available legal options, including: Uncontested Divorce – If you and your spouse agree on all terms, we will help you complete the necessary paperwork efficiently. Contested Divorce – We will strategize and represent you in negotiations or court if disagreements exist regarding child custody, property division, or spousal support. Separation Agreements – If you are not ready for a divorce but wish to live separately with a legally binding agreement, we can assist in drafting one. Filing and Responding to Divorce Papers The divorce process officially begins when one spouse files a Summons with Notice or a Summons and Complaint. Our attorneys will: Ensure that your filing is properly completed and submitted to the correct court. Arrange for legal service of divorce papers to your spouse. Assist in responding if you have been served with divorce papers and need legal guidance. Negotiating Fair Settlements Divorces may involve complex financial and personal issues. We work to negotiate fair settlements regarding: Division of Assets and Debts – Ensuring a fair distribution of marital property, including real estate, retirement accounts, and investments. Child Custody and Visitation – Advocating for custody arrangements that serve the child’s best interests. Spousal and Child Support – Helping you understand New York’s support guidelines and negotiating fair financial arrangements. Mediating for a Faster Resolution Divorce can be emotionally draining, but mediation offers a collaborative approach to resolving disputes faster when both parties agree to mediation. Our experienced divorce mediators can help couples reach mutually beneficial agreements while providing key advantages, including: Conflict Mitigation – Mediation is typically less contentious than litigation, reducing the stress and conflict for both sides. Faster Resolution – Avoiding lengthy court battles allows couples to reach agreements more quickly. Greater Control – Both parties involved have a say in decisions rather than leaving critical life outcomes to a court order. Through mediation in a divorce case, we aim to reduce stress, foster cooperation, and create solutions personalized to your family's unique needs. Litigation and Trial Representation If a fair divorce resolution through negotiation or mediation is not possible, we are prepared to take your case to court. Our dedicated NY divorce lawyers will: Gather evidence and prepare legal arguments. Represent you in hearings and trial proceedings. Advocate aggressively for your rights before the judge. Post-Divorce Modifications Life circumstances change, and post-divorce modifications may be necessary. We assist with: Child Custody Modifications due to relocations or changing needs. Child Support Modifications or termination based on valid legal grounds.  Spousal Support Modifications if financial situations change. At Petroske Riezenman & Meyers, PC, our skilled Long Island family law attorneys are committed to providing the legal support and guidance you need during the entire divorce process. To speak to an attorney, call us at (631) 337-1977 or contact us online to request your free consultation.

A parent cannot unilaterally cancel child support in New York. Because child support is the right of the child, not the parent, courts generally do not allow a custodial parent to completely waive or cancel payments unless there are valid legal grounds. A seasoned child support lawyer in New York can evaluate your case and assist you with the legal process of child support cancellation or modification.  Legal Grounds for Child Support Cancellation in NY Under certain circumstances, child support may be terminated, including: Emancipation of the Child Unless otherwise agreed, child support obligations automatically end when a child turns 21 years old, but they can also be terminated earlier if the child is considered emancipated. This includes situations where the child: Gets married Joins the military Becomes financially independent and self-supporting Moves out and refuses contact with the parent without justification If emancipation occurs, the noncustodial parent may file a petition in Family Court or Supreme Court to terminate child support obligations. Agreement Between Parents If there is an existing court order and both parents agree to cancel child support, they must submit a formal agreement to the court in order to end the legal obligation. However, the court will only approve the request if it determines that it is in the child's best interests. The judge may refuse to approve a cancellation if it appears that the child's financial needs are not being met. Child Lives with the Paying Parent If the child moves in with the noncustodial parent, that parent may petition the court to terminate or modify child support. The court will review the child's living situation, financial needs, and best interests before making a decision. Termination Due to Parental Reconciliation If parents reconcile and begin living together again, either parent may petition to terminate child support based on the changed circumstances. This typically requires court approval. Legal Process to Modify or Cancel Child Support in New York Filing a Petition for Modification or Termination To legally cancel or modify child support, a petition must be filed in the New York Family Court or Supreme Court. The requesting parent must provide valid legal grounds for cancellation. Court Review and Hearing A judge will review the petition and may schedule a hearing to examine the circumstances. The court will consider: The child's financial needs The income of both parents Any existing agreements The best interests of the child If the court finds that canceling child support is justified, it may issue an order modifying or terminating payments. Court-Ordered Termination of Child Support If the judge grants the request, the order will be officially modified or canceled. If child support is collected through the Child Support Enforcement Bureau (CSEB), an official notice must be sent to stop wage garnishments or automatic deductions. What Happens if a Parent Stops Paying Without Court Approval? If a parent stops paying child support without a court order, they may face serious legal consequences, including: Wage Garnishment – The court can order child support payments to be deducted from the parent’s paycheck. Seizure of Tax Refunds and Bank Accounts – The state can intercept tax refunds or freeze bank accounts to cover unpaid child support. License Suspension – The parent’s driver’s license, professional licenses, or even a passport may be suspended. Contempt of Court Charges – The non-paying parent may be held in contempt, which could result in fines or jail time. It is critical that any changes to child support obligations be made through the court to avoid penalties. Our Long Island Family Law Attorneys Will Assist You With Child Support Modification or Termination Child support obligations in New York are legally binding, and modifying or terminating them requires court approval. At Petroske Riezenman & Meyers, PC, our experienced Long Island family law attorneys can help clients accomplish the legal process of child support modification or termination.  Evaluating Your Eligibility for Modification or Termination Before proceeding with a petition, our attorneys will carefully assess whether your circumstances meet the legal standards for modifying or terminating child support. Valid reasons for modification or termination include: Change in Financial Circumstances – If the noncustodial parent loses their job, becomes disabled, or experiences a substantial decrease in income, child support modification may be warranted. Change in Custody – If the child moves in with the noncustodial parent, child support may need to be terminated or reversed. Child’s Emancipation – If the child is married, self-supporting, or joins the military, support obligations may end before they turn 21 years old. Parental Reconciliation – If both parents reconcile and live together again, child support may no longer be necessary. Gathering Evidence to Support Your Case A strong case for child support modification or cancellation requires solid evidence. Our attorneys will assist in compiling all necessary documentation, such as: Financial records (pay stubs, tax returns, bank statements) Custody agreements and proof of child’s residence Medical records in cases of disability-related modifications Employment verification to prove income changes Evidence to prove child emancipation, such as proof of economic independence, military service, or refusal to follow parental rules Providing well-documented evidence increases the likelihood of a favorable outcome in court in a case of child support modification or termination. Filing a Petition for Child Support Modification or Termination Once we establish that modification or termination is justified, we will prepare and file a petition with the New York Family Court. This document outlines the reasons for the request and provides supporting evidence. Our attorneys ensure that the petition is legally sound and properly submitted to avoid delays or rejections. Representing You in Court Hearings After filing the petition, the court will schedule a hearing where both parents present their arguments. Our attorneys will: Advocate for your rights and present compelling legal arguments Challenge any objections raised by the other parent Ensure the judge fully understands how the modification or termination serves the child’s best interests Judicial discretion plays a critical role in the decision, so having skilled legal representation is essential. Negotiating Agreements Between Parents If both parents agree to modify or terminate child support, we can draft a legally enforceable agreement and submit it to the court for approval. This approach can be faster and less adversarial than a court hearing. However, the judge must still determine that the agreement serves the child’s welfare. Ensuring Compliance with New York Child Support Laws – We ensure that any agreement aligns with state laws to prevent future disputes or court rejections. Mediating Disputes to Reach a Fair Resolution – If disagreements arise, we facilitate productive discussions to reach a mutually acceptable agreement. Drafting Clear and Legally Sound Agreements – Our attorneys create precise legal documents that clearly outline the terms of modification or termination, minimizing potential misunderstandings. Enforcing or Contesting Child Support Orders If one parent stops paying child support without a court order, enforcement actions may be necessary. Conversely, if the other parent contests a modification request, our attorneys will vigorously defend your rights. Our child support modification and termination lawyers in New York can handle: Contempt proceedings for non-payment Modifications to prevent excessive financial burdens Appeals if an unfair ruling is issued Choose Our Experienced Long Island Child Support Lawyers  At Petroske Riezenman & Meyers, PC, we have extensive experience handling child support matters in New York, including modification or cancellation cases. We provide: Personalized legal strategies tailored to your situation Aggressive courtroom representation to protect your financial interests Comprehensive legal guidance to help you make informed decisions If you need to modify or terminate child support, our Long Island family law attorneys will vigorously pursue your case to achieve the best possible outcome for you and your child. To speak to an attorney, call us at (631) 337-1977 or contact us online to request your free consultation.

Legal separation in New York is a formal agreement between spouses or a judgment from the court that allows them to live apart while remaining legally married. Unlike a divorce, legal separation does not terminate the marital relationship, but it does establish legally binding terms regarding issues such as child custody, spousal support, property division, and other matters typically addressed in a divorce. Get representation from an experienced divorce attorney to protect your rights and interests in a legal separation. Indefinite Duration of Legal Separation in New York New York law does not impose a time limit on how long spouses can remain legally separated. Couples may remain legally separated indefinitely, provided both parties adhere to the terms of the separation agreement or court order. Some spouses choose to remain legally separated for religious, financial, or personal reasons without ever proceeding with a divorce. Separation Agreements and Their Legal Effect A separation agreement is a legally binding contract between spouses outlining their rights and obligations. It must be: In writing Signed by both spouses Acknowledged and Notarized in the proper form Executed voluntarily and without coercion Once a separation agreement is executed, it can be used as the basis for a conversion divorce if the spouses later decide to end their marriage formally. Conversion Divorce After One Year in New York New York law allows a legally separated couple to file for a "conversion divorce" after they have lived apart for at least one year under a validly executed separation agreement. This means that after one year of continuous separation, either spouse can file for a no-fault divorce using the agreement as grounds, provided he or she has substantially complied with the terms of the agreement. . Court-Ordered Legal Separation In some cases, a court may issue a judicial separation based on specific grounds, such as: Cruel and inhuman treatment Abandonment for one year or more Imprisonment of a spouse for at least three years Failure to provide support Adultery  A court-ordered legal separation can also serve as grounds for a conversion divorce filing in the future. Reasons for Remaining Legally Separated Some couples choose to remain legally separated forever or for an extended period due to various reasons, including: Religious Beliefs – Some spouses may wish to avoid divorce due to their faith or moral convictions. Financial Considerations – Legal separation may allow one spouse to remain on the other's health insurance plan or benefit from tax advantages. Social Security and Pension Benefits – Remaining married for at least ten years can provide social security or pension benefits to a spouse. Potential Reconciliation – Some couples use legal separation as a trial period to decide whether to reconcile or proceed with a divorce. Modifying or Revoking a Legal Separation Agreement A legal separation agreement can be modified if both parties agree to new terms and execute a new agreement. Alternatively, if the couple decides to reconcile, they can revoke the agreement by creating a new written document. A trial separation in the beginning can also help a couple decide if this arrangement works for them.   Financial and Legal Implications of a Separation Choosing to remain legally separated rather than divorcing can have significant financial and legal consequences. Legally separated individuals may continue to receive spouse’s health insurance coverage benefits if their plan allows and avoid certain tax consequences associated with divorce.  In addition, a legally separated couple may retain certain spousal rights, such as inheritance and social security benefits. However, remaining legally separated without divorcing may also mean continued financial obligations, including spousal support and debt responsibilities.  Divorce vs. Separation in New York While both divorce and legal separation involve living apart, they have distinct legal consequences. Divorce legally ends a marriage, allowing both parties to remarry, while legal separation maintains the marital status. Legal separation may be preferred for religious or financial reasons, such as maintaining health insurance or certain tax benefits.  Legal separation does not provide the finality of divorce, which could lead to complications if either party wishes to remarry or if disputes arise over the separation agreement. Consult a skilled divorce attorney to determine which option best suits your needs and goals. Exploring Alternatives: Mediation and Counseling For couples who are unsure about legal separation or divorce, mediation and counseling offer alternative solutions. Mediation involves a neutral third party helping spouses negotiate a mutually agreeable resolution to their issues, reducing conflict and legal costs.  Counseling can help couples work through their differences and determine if reconciliation is possible. These alternatives provide an opportunity for spouses to make informed decisions about their future without resorting to litigation. Steps Our Long Island Divorce Attorneys Will Take to Assist You With Legal Separation Legal separation in New York is a complex process that requires careful planning and legal guidance to ensure your rights and interests are protected. At Petroske Riezenman & Meyers, PC, our experienced divorce attorneys take a strategic approach to help you navigate legal separation with confidence.  Initial Consultation and Case Evaluation Our legal team begins by meeting with you for a confidential consultation to understand your unique circumstances, concerns, and objectives. We discuss the reasons for your separation, assess your financial situation, and outline the legal options available. Whether you seek a temporary arrangement or a step toward divorce, we provide clear guidance on what to expect. Drafting a Comprehensive Separation Agreement A separation agreement is a legally binding document that outlines key aspects of your separation, including: Division of assets and debts Spousal support (if applicable) Child custody and visitation arrangements Child support obligations Our attorneys draft a detailed and enforceable agreement that protects your interests while complying with New York law. We ensure all terms are clearly defined to avoid future disputes. Negotiation and Mediation Assistance In many cases, spouses may not initially agree on certain terms of their separation. Our attorneys act as skilled negotiators, working to secure favorable terms without the need for litigation. If necessary, we facilitate mediation sessions, where a neutral third party helps both spouses reach a mutually beneficial resolution. Filing and Legal Formalities Although legal separation does not require court approval in New York, the separation agreement must be properly executed and notarized to be legally valid. Our firm ensures that all legal documents comply with state requirements and, if necessary, files motions related to child custody or support in Family Court. Modification and Enforcement of Agreements Life circumstances can change, making it necessary to modify an existing separation agreement. If you or your spouse experience a change in income, relocation, or a shift in parenting arrangements, we help you legally adjust the agreement. Additionally, if your spouse fails to comply with the agreed terms, we take legal action to enforce the separation agreement in court. Guidance on Next Steps: Reconciliation or Divorce Depending on how your separation progresses, you may consider reconciliation or filing for divorce. If reconciliation is possible, we can revise your agreement accordingly. If you decide to proceed with divorce, we help streamline the process by using the separation agreement as the foundation for an uncontested divorce filing. Our Long Island Family Law Attorneys are Ready to Assist You With Legal Separation If you are contemplating legal separation or need guidance on family law matters, our experienced Long Island divorce lawyers at Petroske Riezenman & Meyers, PC are here to help. We offer personalized legal support to ensure your rights and interests are safeguarded. To speak to an attorney, call us at (631) 337-1977 or contact us online to request your free consultation.

Petroske Riezenman & Meyers, PC based on Long Island, New York, is renowned for its focus on family law and divorce cases. With a team of seasoned attorneys, our firm serves clients in Suffolk and Nassau Counties, offering comprehensive legal services tailored to the unique needs of each family. Our extensive expertise in family law encompasses a wide range of issues, including divorce, child custody, child support, spousal support, and more. A divorce attorney from our law firm can be trusted to handle complex cases involving abandonment, providing clients with the guidance and support needed to navigate these challenging situations. Petroske Riezenman & Meyers, PC focuses on delivering personalized and effective legal solutions to families facing difficult transitions. Our firm's services cover all aspects of divorce, from uncontested separations to high-conflict disputes. When it comes to abandonment issues, the attorneys at Petroske Riezenman & Meyers, PC are well-equipped to address the legal and emotional complexities involved. We work diligently to gather evidence, present compelling arguments, and advocate for our clients' rights, ensuring that abandonment claims are thoroughly examined and justly resolved. Navigating the intricacies of divorce proceedings can be overwhelming, especially when abandonment is a factor. Petroske Riezenman & Meyers, PC is committed to guiding clients through every step of the process, from initial consultations to final settlements. Our attorneys provide clear and compassionate advice, helping clients understand their legal options and the potential outcomes of their cases. By leveraging our deep knowledge of family law and experience in mediation and litigation, we strive to achieve fair and just outcomes for our clients.  Whether through negotiated agreements or court rulings, Petroske Riezenman & Meyers, PC ensures that clients' interests are protected and their voices are heard throughout the divorce process. What Is Marital Abandonment? In New York State, abandonment is recognized as one of the grounds for divorce. Abandonment occurs when one spouse voluntarily leaves the marital home and ceases cohabitation with the intent not to return without the consent of the other partner for a continuous period of at least one year. This often includes physical abandonment, where one spouse physically leaves the home for a certain period. It is a common misconception that a partner must move out to meet the definition of abandonment. There is also constructive abandonment, where one spouse refuses to engage in sexual relations with the other despite their requests, and without good cause or justification. It is surprising to some spouses that withholding sex for a long period of time is also considered abandonment. Abandonment must be proven in court with clear evidence that the abandonment was intentional and without the consent of the other partner. This ground for divorce requires the abandoned spouse to show that the desertion has lasted for at least one year and that there was no reasonable cause for the departure or refusal to cohabit. How Does One Prove Abandonment? Proving abandonment in a divorce case requires clear and convincing evidence that one spouse has intentionally and voluntarily left the marital home or ceased cohabitation without the consent of the other spouse and without justification for a continuous period of at least one year. Here are the steps typically involved in proving abandonment: Demonstrate Intent: The deserted spouse must show that the abandoning spouse had the intention to leave and not return. This can be evidenced by actions such as moving out, changing addresses, or cutting off communication. Lack of Consent: It must be established that the abandonment occurred without the consent of the deserted spouse. This can be shown through testimony or written communication indicating that the absent spouse left of their own accord without permission from the other spouse. Continuous Period: The abandonment must have lasted for at least one year. Evidence such as rental agreements, utility bills, or witness testimony can help establish the timeline of the abandonment. No Justification: The deserted spouse must prove that there was no reasonable cause for the abandonment. This means the abandoning spouse did not leave due to abuse, infidelity, or other justifiable reasons. Constructive Abandonment: In cases of constructive abandonment, where one spouse refuses to engage in marital relations without justification, the deserted spouse must provide evidence of the refusal and its impact on the marriage. This can include testimony, counseling records, or other relevant documentation. How Does Abandonment Impact Divorce Proceedings? Abandonment may impact divorce proceedings, particularly in states like New York where it is recognized as a ground for divorce. Here are the key legal implications of a spouse's abandonment in divorce cases. Grounds for Divorce Abandonment is considered one of the fault-based grounds for divorce in New York. If a spouse can prove abandonment, they may be granted a divorce on these grounds. This can be particularly important in cases where the other spouse contests the divorce or where there are strategic reasons for seeking a fault-based divorce.  In practice, however, most New York divorces are granted on no-fault grounds.  Impact on Property Division Since New York is an equitable distribution state, meaning that marital property is divided fairly but not necessarily equally, abandonment can influence the division of assets. A judge may consider the circumstances of the abandonment when determining a fair distribution of property. For example, if one spouse abandoned the family and left the other spouse to manage all household expenses and childcare for a prolonged period, the judge might award a larger share of the marital assets to the deserted spouse. Financial Support (Maintenance or Alimony) Abandonment can also affect spousal support decisions. If one spouse abandons the other, the deserted spouse may be awarded spousal support, if the abandonment causes financial hardship. The court will consider the length of the abandonment, the financial needs of the deserted spouse, and the ability of the abandoning spouse to pay support when considering financial obligations. Child Custody and Support In cases where minor children are involved, abandonment can have a significant impact on custody rights and support arrangements. A parent who abandons the family may be viewed unfavorably by the court when determining custody. The court's primary concern is the best interests of the child, and a history of abandonment from one parent can weigh heavily against them. Additionally, the deserted spouse may be awarded primary custody and child support to ensure the children's needs are met. Emotional and Psychological Impact Beyond the legal implications, abandonment can have profound emotional and psychological effects on the deserted spouse and children. The court may take these factors into account when making decisions about custody, visitation, and support, aiming to provide stability and support to the affected family members. Abandonment can play a critical role in divorce proceedings, influencing decisions related to divorce grounds, property division, spousal support, and child custody. It is essential for the deserted spouse to gather sufficient evidence and work with an experienced attorney to navigate the complexities of proving abandonment and securing a fair and just outcome. Speak to a Divorce Lawyer About Claiming Abandonment If you are facing the challenges of abandonment in your marriage, it is crucial to seek the guidance of an experienced divorce lawyer. Claiming abandonment as a ground for divorce can be a complex process, requiring clear evidence and a thorough understanding of legal procedures. A skilled attorney from Petroske Riezenman & Meyers, PC can help you navigate these complexities, ensuring that your rights and interests are protected. By consulting a divorce lawyer, you can gain valuable insights into how abandonment impacts your case, including potential effects on property division, spousal support, and child custody. An attorney can assist you in gathering the necessary evidence, such as documentation and witness testimony, to build a strong case for abandonment. They can also provide strategic advice tailored to your unique situation, helping you achieve a fair and just outcome. Moreover, a compassionate lawyer can offer emotional support and guidance during this difficult time, helping you make informed decisions about your future. Don’t face the challenges of abandonment alone—speak to a divorce lawyer today to explore your options and take the first step towards a new beginning.

Petroske Riezenman & Meyers, PC is a distinguished law firm based on Long Island, New York, dedicated to family law. With a dedicated team of experienced attorneys, our firm serves clients in both Suffolk and Nassau Counties. Our legal expertise spans a wide array of family law matters, including divorce, child custody, child support, spousal support, and more. Our focus is on providing comprehensive legal services tailored to the unique needs of each client. Our firm handles contested and uncontested divorces, separation agreements, child custody and visitation rights, and post-judgment modifications. Our attorneys are well-versed in both mediation and litigation, ensuring that clients receive the best possible representation regardless of the chosen path. With over 100 years of combined experience, the attorneys at Petroske Riezenman & Meyers, PC are adept at navigating the complexities of mediation and litigation in divorce cases. Our extensive experience allows us to guide clients through the mediation process, which can often be a less adversarial and more cost-effective alternative to litigation. However, when litigation is necessary, a divorce attorney from our law firm is prepared to advocate vigorously on your behalf. The team at Petroske Riezenman & Meyers, PC is committed to providing personal attention and tailored advice to each client. We understand that every family law case is unique, and we take the time to listen and understand the specific circumstances and goals of our clients. Whether through mediation or litigation, the goal of a family law attorney is to help clients make informed decisions and achieve the best possible outcomes in their legal matters. Divorce Mediation and Its Benefits Divorce mediation is a process in which a neutral third party, known as a mediator, assists divorcing spouses in negotiating and resolving issues related to their separation. The mediator facilitates discussions between the parties to help them reach mutually acceptable agreements on various matters such as property division, child custody, child support, and spousal support. Benefits of Divorce Mediation Cost-Effective: Mediation is generally less expensive than litigation. By avoiding a prolonged court battle, both parties can save on legal fees and court costs. Time-Saving: Mediation can be quicker than litigation, which often involves lengthy court proceedings. This allows both parties to move forward with their lives more swiftly. Control Over Outcomes: Mediation empowers the divorcing couple to make their own decisions rather than having outcomes imposed by a judge. This can lead to more satisfactory and personalized agreements. Reduced Conflict: The mediation process is designed to be collaborative rather than adversarial. This can help reduce the emotional strain and conflict often associated with divorce, fostering better communication and cooperation between the parties. Better for Children: Mediation can be less stressful for children, as it promotes a more amicable resolution. Parents who mediate are often better able to co-parent effectively post-divorce. By choosing mediation, couples can work towards a more harmonious and efficient resolution to their divorce, benefiting them and their families. Divorce Litigation and its Scenarios Divorce litigation is the process of resolving divorce-related disputes through the court system. In this adversarial process, each spouse typically hires an attorney to represent their interests. The case is presented before a judge, who makes the final decisions on issues such as property division, child custody, child support, and spousal support. Scenarios Where Divorce Litigation May Be Necessary High Conflict Situations: When there is significant animosity between the spouses and they are unable to communicate or negotiate effectively, litigation may be necessary to resolve disputes. Complex Financial Matters: Cases involving complex financial issues, such as business ownership, high-value assets, or hidden assets, often require the detailed discovery process and expert testimony available through litigation. Disputed Child Custody: When parents cannot agree on custody arrangements or there are concerns about a parent's fitness, litigation may be necessary to ensure the best interests of the children are protected. Domestic Violence or Abuse: In situations involving allegations of domestic violence, abuse, or neglect, litigation can provide the necessary legal protections and restraining orders to ensure the safety of the affected spouse and children. Non-Compliance: If one spouse is uncooperative or refuses to participate in mediation or negotiation, litigation may be the only option to compel compliance and resolve the divorce. Legal Precedents and Rights: When legal precedents or specific rights need to be established or clarified, litigation may be necessary to achieve a legally binding resolution. Benefits of Divorce Litigation Legal Framework: Litigation provides a structured legal framework and clear procedures, which can be beneficial in resolving complex or contentious issues.   Advocacy: Having your own attorney means you have someone to advocate for your best interests, fight for you, and advise you on rights and obligations. In mediation the mediator is not allowed to give legal advice so you may end up giving up something that you did not even know you were entitled to.  Enforceability: Court orders resulting from litigation are legally binding and enforceable, providing a clear resolution to which both parties must adhere . Protection: Litigation can offer protection for vulnerable parties, such as those facing domestic violence, by allowing the court to issue protective orders and other necessary measures. While divorce litigation can be more time-consuming, costly, and emotionally draining than mediation, it is sometimes necessary to ensure a fair and just resolution, particularly in complex or high-conflict cases. Divorce Mediation vs Litigation: Which Is Right for You? When considering whether an alternative dispute resolution is right for your divorce process, here is what to consider. Process Mediation involves a neutral third party, the divorce mediator, who facilitates discussions between the divorcing spouses to help them reach mutually agreeable solutions. The process is collaborative and focuses on open communication and negotiation. The mediator does not represent either party and cannot provide legal advice to either spouse. In contrast, litigation is an adversarial process where each spouse hires an attorney to represent their own interests in negotiations and in court. If a settlement cannot be reached by the attorneys, the case is presented before a judge, who makes the final divorce decree on contested issues. Duration Mediation is generally quicker than litigation. The timeline for mediation can vary but often takes a few weeks to a few months, depending on the complexity of the issues and the willingness of both parties to cooperate. Litigation, on the other hand, can take much longer, often spanning several months or even years due to court schedules, procedural requirements, and the potential for appeals. Cost Mediation is typically less expensive than litigation. The costs in mediation are mostly related to the mediator's fees and preparation of documents. In contrast, litigation involves higher costs due to attorney fees, court costs, expert witness fees, and other related expenses. The adversarial nature of litigation can also lead to prolonged disputes, further increasing the financial burden. Emotional Impact Mediation tends to have a lower emotional impact on the parties involved. The collaborative nature of mediation encourages communication and cooperation, which can reduce stress and conflict. This is particularly beneficial when children are involved, as it promotes a more amicable post-divorce relationship. Litigation, however, can be emotionally draining and stressful. The adversarial process may exacerbate conflict and animosity, making it more challenging for the parties to maintain a civil relationship post-divorce. Mediation can offer a quicker, more cost-effective, and less emotionally taxing alternative to litigation. However, in cases involving high conflict, complex financial matters, or concerns about abuse, or where a spouse prefers to have a dedicated attorney negotiating on their behalf, litigation may be the best option to ensure a fair and just resolution. Litigation is not always contentious and prolonged. It’s more of a continuum. In some cases, each party gets their own attorney and the two parties are able to negotiate a settlement out of court, an “amicable divorce.” Each method has its advantages and is suited to different scenarios, making it essential for divorcing couples to carefully consider their unique circumstances when choosing between mediation and litigation. For more information on this decision and all other legal issues relating to divorce, please contact a divorce lawyer from Petroske Riezenman & Meyers, PC.

Divorcing spouses in New York State are advised to use social media with extreme caution—or even consider pausing their activity entirely—during their divorce. Social media posts can become a significant source of evidence in divorce proceedings, affecting everything from child custody to financial settlements. Here’s a closer look at best practices and the potential pitfalls of social media use during divorce. Avoid Discussing the Divorce on Social Media It’s wise to refrain from discussing any aspects of your divorce on social media. Any posts expressing frustration, anger, or disappointment about the proceedings or ex-spouse can be used to portray a spouse as hostile or uncooperative, impacting outcomes, especially in child custody cases. Even seemingly harmless or indirect statements can be misconstrued. Courts and attorneys may interpret posts as attempts to intimidate the other party, which could lead to increased tensions and even influence custody decisions​. Limit Lifestyle Posts Posts showcasing expensive purchases, luxury trips, or frequent dining out can create the impression of financial stability, contradicting claims of financial need. This is particularly significant in cases involving spousal support or asset division, as courts might view such posts as evidence of hidden or undeclared income. It’s best to avoid publishing any posts that display changes in spending habits during a divorce.​ Be Mindful of Custody Implications In child custody cases, a parent’s social media activity will likely be scrutinized to assess their parenting judgment and lifestyle choices. Courts may interpret posts about heavy partying, substance use, or other potentially irresponsible behavior as evidence that a parent is unfit for primary custody. Moreover, any comments disparaging the ex-spouse or showing poor communication skills with the other parent can be harmful in court, as they might be perceived as attempts at parental alienation, an issue that is taken very seriously by New York courts​. Keep Accounts Private but Avoid Over-Reliance on Privacy Settings While setting social media accounts to “private” can provide some protection, it’s not a foolproof solution. Courts can subpoena social media records, and friends or followers might still share posts unintentionally. Private posts are not exempt from legal discovery, and content marked as “deleted” may still be recoverable. Consequently, reducing or completely eliminating social media use is generally the most effective way to avoid unintended consequences​ while a divorce case is pending. Consult Legal Advice Before Posting Each and every social media post published during a divorce can potentially be used as evidence. Many attorneys advise clients to consult them on any posts they’re unsure about, especially in cases where evidence is being actively gathered by the opposing side. Posts showcasing new relationships, lifestyle changes, or statements that could be misconstrued are particularly risky and should generally be avoided without legal guidance​. Be Aware of Friends and Family Tagging Divorcing spouses should talk to close friends and family members about their situation and ask them not to tag or post about them during the divorce. Friends or relatives might unintentionally post content that could become problematic if it portrays the spouse in ways inconsistent with their claims in court. Final Thoughts Divorce is a difficult and emotionally charged time, and social media may feel like an outlet for connection and expression. However, the safest approach for divorcing spouses in New York is to limit or pause social media activity to prevent any inadvertent harm to their legal standing. By minimizing online sharing and consulting with their legal team on social media use, divorcing spouses can better protect their interests and support a smoother, less contentious legal process. Have a question? It’s always best to consult with a Long Island divorce attorney that is well-versed in the legal nuances associated with divorce cases. Our firm serves Suffolk and Nassau Counties on Long Island, NY. Contact us for a free consultation.

Each divorce case is as different as the individuals involved in it, but there are common mistakes that separating couples should avoid when seeking to end their marriage. If you're contemplating a divorce, or are already involved in one, please avoid making the mistakes below. Letting Emotions Run Wild While some divorces are amicable, many take an emotional toll. When strong emotions like anger, grief, or resentment are not acknowledged or managed, they can cloud judgment, complicate co-parenting, and result in costly legal battles. Additionally, unaddressed emotional turmoil can negatively impact children and hinder post-divorce adjustment. To navigate divorce effectively, it’s crucial to seek emotional support, whether through personal therapy, participation in support groups, or with mindfulness practices, to ensure healthier decisions and foster personal growth during and after the divorce. Relying on Do-It-Yourself Divorce Agreements Separating couples sometimes seek to resolve their divorce issues by preparing a DIY contract addressing major issues, from custody and support to property and debt division, without having to pay any attorney fees. Unfortunately, these contracts may ultimately be deemed defective and unenforceable. In New York, out-of-court agreements settling marital issues must contain specific provisions and be executed in a certain way in order to be valid and enforceable.  Settlements can be set aside for numerous reasons, including ambiguity, unconscionability, duress, fraud, and mutual mistake, or because of a technical defect. While it might be tempting to seek to cut costs by filling out a form online, or relying on a paralegal, doing it this way could cost a lot more in the long run. Not Considering Divorce Mediation Divorcing couples often overlook divorce mediation, which offers separating spouses a less stressful, more flexible alternative to traditional divorce litigation. Divorce mediation allows couples to set their own pace, reducing court costs and legal fees while improving post-divorce communication and addressing potential co-parenting conflicts. This personalized approach leads to tailored settlement agreements that resolve key issues and minimize future litigation. Mediation also provides a non-adversarial environment where couples can involve neutral parties to ensure a fair and stable outcome. Misunderstanding Property Rights In New York State, marital property is split based on "equitable distribution," which means it's divided fairly, but not always 50/50 between the spouses. Many wrongly assume that everything will be split down the middle, but in some cases the court will consider factors such as each spouse’s contributions, earning potential, and the duration of the marriage. If you don’t get these details right, you might end up with a less desirable settlement. Making Paperwork Mistakes Filing for divorce in New York State can be notoriously tricky and overwhelming, especially when you're dealing with the emotional strain of the situation. Many people end up making mistakes on their divorce paperwork that lead to frustrating delays or, in the worst cases, losing out on their rights. To avoid these issues, it’s a good idea to work with a knowledgeable Long Island divorce attorney who can guide you through the filing process and help ensure everything is done correctly. Misunderstanding Child Custody and Support Issues It’s crucial for divorcing parents to fully understand their rights regarding child custody. In New York State, child custody and visitation disputes are settled based on the ‘best interests of the child’ standard, meaning that decisions are made with the child’s well-being as the top priority, while parental preferences are secondary. New York family law courts evaluate a wide range of factors when determining custody, including the relationship each parent has with the child, how each parent will foster the child’s relationship with the other parent, who was the primary caretaker before separation, the stability each parent can offer, their parenting skills, physical and mental health, financial status, home environment, and any issues affecting parental fitness such as substance abuse or a history of violence or abuse. To achieve the best outcome in your custody case, you need to demonstrate that you can provide the best environment for your child's health, safety, and overall well-being. We hope this information helps you avoid some of the most common mistakes made by separating couples. If you are seeking to end your marriage and wish to fully apprise yourself of your rights, responsibilities, and options, we recommend that you contact us to consult with an experienced matrimonial attorney who is well-versed in the nuances of New York State law to achieve your best outcome. Call now for a free consultation.

Grandparents often play a vital role in their grandchildren's lives, providing emotional support and a unique connection to family history. Yet, when family relationships become complicated, grandparents may need to resort to legal options to preserve their relationship with their grandchildren. It's therefore essential for grandparents to be well-informed about their visitation rights under New York State law. It’s also prudent for grandparents to seek the counsel of an experienced family law attorney to help guide them through the legal process should they decide to pursue legal options. Legal Framework for Grandparents’ Visitation Rights New York Domestic Relations Law § 72 forms the legal basis for grandparents' visitation rights in the state. While this law allows grandparents to seek visitation, it doesn't guarantee it as an inherent right. In considering these requests, courts prioritize what's best for the child above all else, applying the same "best interests" standard used in other custody and visitation matters. The Legal Process To request visitation rights on Long Island, New York, grandparents must submit a formal petition to the court in the child's county of residence. This starts a legal procedure culminating in a court hearing. At this hearing, both grandparents and parents will have the opportunity to present their cases, including evidence and arguments supporting their positions. The court has extensive latitude in these cases and will consider a broad spectrum of evidence and circumstances. Given that each situation is distinct, the judge will thoroughly examine all pertinent factors before making a ruling. Standing to Petition To begin the process, grandparents must demonstrate that they have standing to file a petition for visitation. There are two primary ways to establish standing: Death of a Parent: In cases where one or both parents have passed away, courts will allow grandparents the right to pursue visitation. This is based on the belief that preserving connections with extended family can be advantageous for the child's well-being. Existing Relationship: Standing will be conferred if grandparents can show that they have a significant and existing relationship with the child, or that efforts to establish a relationship have been unreasonably thwarted by the parents. This can be evidenced by regular contact, shared activities, and a meaningful bond that contributes positively to the child’s life. The Best Interests of the Child Once standing is established, the court’s focus will shift to whether granting visitation rights would be in the child’s best interests. This assessment involves several factors: Nature of the Relationship: The court will examine the quality and history of the relationship between the grandparents and the child. A longstanding, positive relationship can weigh heavily in favor of granting visitation. Impact on Family Dynamics: The court will consider how visitation might affect the child's relationship with their parents and the overall family dynamic. If the parents are united in their opposition to visitation, the court will give significant deference to their wishes unless compelling evidence suggests otherwise. Welfare and Development: The court will evaluate whether visitation with the grandparents would benefit the child’s emotional and psychological welfare and overall development. Parents’ Objections: The reasons behind the parents’ objections to visitation will be closely examined. Concerns about the grandparents' behavior, lifestyle, or potential negative influence will be taken seriously by the court. Possible Outcomes If the court finds that granting visitation rights is in the child's best interests, an order will be issued detailing the terms and conditions of visitation. This order can include specific times, dates, and any other stipulations deemed necessary to ensure the visitation is beneficial for the child.  On the other hand, if the court determines that visitation is not in the child’s best interests, the petition will be denied. Conclusion In New York, grandparents’ visitation rights are carefully balanced against the rights of parents and the best interests of the child. While the legal pathway is clearly defined, each case requires a nuanced and thorough examination of relationships, family dynamics, and the welfare of the child. Having an experienced family law attorney at your side can help you increase the odds that your visitation request will be granted. Such an attorney can provide invaluable guidance, help gather necessary evidence, and present a compelling case to the court. If you are a grandparent who is contemplating using legal options to exercise your visitation rights, contact us to consult with an experienced Long Island Family Law attorney who is well-versed in the nuances of New York State law to achieve your best outcome.

In a New York divorce or child support case, the parties’ incomes are entered into a formula by the Court to determine the presumptively correct child support and maintenance obligations. For higher earners, the income amounts are capped at a fixed sum, which are increased every two years in relation to the Consumer Price Index.Effective March 1, 2024, for the next two years, the income cap for child support calculations is $183,000 (up from $163,000) and the income cap for maintenance is $228,000 (up from $203,000).Child SupportChild support is calculated using the formula in the Child Support Standards Act [DRL §240, FCA §413]. The formula multiplies the parties’ combined parental income (up to $183,000) by a certain percentage depending on the number of children – 17% for one child, 25% for two children, 29% for three children, 31% for four children, 35% for five or more children. Where there is combined parental income above the cap, the amount of child support payable on the excess income is left to the discretion of the Court, which may either apply the percentage or consider numerous other factors to determine the additional amount to be paid, if any.MaintenanceFor maintenance or spousal support, the Court similarly determines the amount to be paid using a formula set forth in the statute [DRL §236B, FCA §412], however the income cap referenced in the maintenance law applies only to the payor spouse (the spouse with higher income), rather than the parties’ combined income. Where the payor spouse’s income exceeds $228,000, the amount of additional support payable on the excess income, if any, is within the judge’s discretion. The Court will consider numerous factors such as the age and health of the parties, their present and future earning capacity, the wasteful dissipation of marital property, tax consequences, the standard of living established during the marriage, and other factors.Parties can use this online maintenance and child support calculator to estimate the amount of maintenance or child support that will be ordered by the Court.

Along with the national debt, climate change, and other harbingers of doom, we have come to expect that the divorce rate in the United States will simply continue to rise. Many of society’s ills will, no doubt, continue to increase unabated, but divorce may not be one of them. At least not for those under age 35, for whom the divorce rate has actually decreased significantly between 1990 and 2021, according to data from the U.S. Census Bureau and the American Community Survey. Although at first this might seem encouraging, the downward trend in divorce for the young is associated with a reduced marriage rate among the same age group. Economics seems to be the culprit. According to a 2014 Pew Research Center survey (“Record Share of Americans Have Never Married,”), compared with their older counterparts, young adults who have never been married are more likely to cite financial security as the main reason for not being currently married (34% of those ages 25 to 34 compared with 20% of those 35 and older). Among the rest of the population (those lucky enough to have avoided coming of age during the Great Recession of 2007-2009), the divorce rate continues to rise. For all age groups age 35 and older, the divorce rate has increased, but it is most pronounced among older Americans. Among those aged 55 to 64, the risk of divorce has more than doubled since 1990 (from 5.1 people per 1,000 adults in 1990, to 12 people per 1,000 adults in 2017). For those 65 and older, the divorce rate has more than tripled over the same period, rising from 1.8 per 1,000 adults to 5.0. The trend is even more pronounced for women over age 65, who are now divorcing at more than four times the rate than they were in 1990. What is behind this trend for older Americans – often termed “Gray Divorce” or alternately, “Silver Splitting?” Once again, economics is partly the cause, but not in the same way. The rise in the number of women in the workforce over the past several decades means that older women are now more likely to be financially independent. As a 2019 report from the National Institute of Health noted, “for prior generations, wives were typically economically dependent on their husbands which may have precluded many divorces. Together, these explanations for the rise in gray divorce suggest more supportive attitudes toward divorce among older adults in recent years, especially among those who have previously divorced.” As noted in a report from the Council on Contemporary Families, although women today are not more likely to be unhappy than they were twenty years ago, they now have the financial resources to leave a marriage if they are unhappy. At all ages, women are more likely to express dissatisfaction with their marriages and more likely to initiate divorce. A significant factor in the higher divorce rate among older Americans is the shifting meaning of marriage in America. Where once being a good provider or a good homemaker was enough, now spouses are expected to be good friends, loving companions, and chore-sharers. Another important factor driving “gray divorce” is the fact that a larger proportion of married older adults are in remarriages, which are statistically more prone to divorces than first marriages. The fact that Americans are living longer and often healthier lives, means that people can look forward to living many years past retirement, and makes the need for happiness in a marriage even more acute. The high divorce rate over the past several decades means that there are now larger numbers of divorced people in the population and this has reduced the social stigma formerly associated with divorce. Add to this the opportunities afforded by social media and online dating, which allow people in their 50’s, 60’s and 70’s to meet someone and begin developing a satisfying relationship before ever stepping outside. A combination of factors has caused an explosion in the divorce rate for older Americans. Should we be worried about the stability of family life, and compromised values? Perhaps not. The trend is largely confined to people who have already raised their children. Naturally, for this group the most important question is personal happiness. Left with an empty nest, or one soon to be, can the idea of marriage until “death do us part” ever be enough when living in misery? If you are contemplating a divorce, contact us to consult with an experienced gray divorce attorney who is well-versed in the nuances of New York State law to achieve your best outcome.