A Resource and Guide to Long Island Divorce

Long Island Matrimonial & Family Law
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Everything You Need to Know about

Divorce on Long Island


The decision to get a divorce is the first of many tough choices to navigate. Do you file for a fault or no-fault divorce? Is your divorce contested or uncontested? Is it best to negotiate or litigate the division of property, child custody, child support and spousal maintenance? The start of every good decision is good information. This Guide to Long Island Divorce will help you understand some of the basics before you consult with an attorney. You deserve to know what to look for in a divorce attorney, including the right knowledge, experience, and trust.

For quick answers to your most important questions and for information about your options, explore our guide to Long Island divorce by clicking the links in the table below or call us for a free consultation.

TABLE OF CONTENTS

I. Deciding to Get a Divorce

  1. Understanding Different Types of Divorce
  2. Beginning the Divorce Process
    • Necessary Financial Documents
    • Required Divorce Forms
    • Understanding the Divorce Petition
    • Consequences of Ignoring or Refuting a Divorce Petition
  3. How to Approach Divorce in the Instance of Abuse or Neglect
    • Protecting Yourself and Children from Abuse
    • Drug Abuse and How Divorce Proceedings Work
    • Pressing Criminal Charges In Addition to Getting Divorced
    • Divorce Proceedings with Incarcerated Spouse

  1. Assessing Prenuptial Agreements to Decide Property Division
  2. Determining Property Division in a Divorce
    • What Is Considered Communal Property?
    • How the Court Determines a Fair Division of Debt and Assets
    • How Inheritance Works When Courts Divide Marital Property
  3. Determining Debts and Assets
    • Most Common Types of Assets Divided in a Divorce
    • Most Common Types of Debts Divided in a Divorce
    • How Student Loan Debt is Divided
    • Factors of Asset and Debt Division that Affect Child Support and Spousal Maintenance

  1. Determining Child Custody
    • Factors Used to Determine Custody
    • How Custody Works Between Separated, Unmarried Parents
    • Custody Mediation
    • How Courts Decide the Best Interest of a Child When Determining Custody
  2. Types of Child Custody
    • Physical Custody
    • Legal Custody
    • Joint Physical Custody
    • Joint Legal Custody
    • Sole Custody
    • A Side-By-Side Comparison of the Different Types of Child Custody
    • How Child Support is Determined in Different Types of Child Custody
  3. Laws Surrounding Child Custody Modification
    • When Child Custody Can Be Modified
    • How Child Custody Works with Relocation
    • How Taxes Work When Factoring Child Custody
  4. Visitation Rights
    • How Visitation is Determined in Child Custody
    • How Fixed-Schedule Visitation Rights Work
    • What Is “Reasonable Visitation”?
    • Understanding Unsupervised Visitation
    • Why Courts Sometimes Require Supervised Visitation
    • The New Trend of Virtual Visitation
    • Grandparent Visitation Rights and Requirements

  1. Determining Spousal Support
    • Eligibility to Receive Spousal Support
    • How Courts Consider to Determine Spousal Support Payment Amounts
    • Required Financial Documents for Court-Ordered Spousal Support
  2. Factors that Increase Spousal Maintenance Payments
    • Financial Factors
    • Health Factors
    • Age Factors
    • Education and Employment Factors
    • Length of Marriage Factors
    • Factors Based on Behavior or Misbehavior

  1. Psychological and Emotional Effects
    • The Negative Psychological and Emotional Effects of Divorce on Women
    • The Negative Psychological and Emotional Effects of Divorce on Men
    • The Positive Psychological and Emotional Effects of Divorce on Women
    • The Positive Psychological and Emotional Effects of Divorce on Men
  2. Dating and Remarriage
    • Statistics Surrounding Dating and Remarriage After a Divorce
    • Coping with Your Ex-Spouse’s New Relationships
    • How Dating and Remarriage Can Affect Previously Determined Divorce Court Orders
  3. Effects of Divorce on Children
    • Statistics Regarding Divorce Impacts on Children
    • Factors that Determine How Well a Child Will Cope with a Separation
    • The Hyperbole of Negative Divorce Impacts on Children
    • Helping Children Positively Cope with Divorce

  1. Fees
    • How Divorce Attorneys Charge for Services
    • Fee Payment Plans and Divorce Settlements
    • Determining the Cost of a Divorce Case
    • How Fees Are Assessed When Retaining an Expert Witnesses
    • How Attorney Fees Are Split Between Divorcing Couples
  2. Duties of a Divorce Lawyer
    • The Difference Between a Trial or Transactional Divorce Attorney
    • Settlement or Trial? How an Attorney Chooses What You Should Do in Your Divorce
    • Representing You and Working with Your Spouse’s Attorney
    • The Necessity of a Lawyer in the Divorce Process
    • How Divorce Cases Are Assigned to Different Attorneys in a Law Firm
  3. What to Look for In a Divorce Attorney
    • Years of Experience Practicing Divorce Law
    • Trust, Comfortableness, Relatability, and Understanding
    • The Importance of Courtroom Divorce Experience
    • Knowledge of Child Custody Settlements
    • Experience Enforcing Child Support and Spousal Maintenance
    • Divorce Settlement Success Rates and How These Are Measured