Reynolds, Caronia, Gianelli, Hagney, La Pinta

NYC Divorce Lawyers

NYC Lawyers | Long Island Attorneys | Suffolk & Nassau Counties

Few family conflicts rival the emotional instability and sweeping changes resulting from divorce, which can dismantle an estate and re-shape lifestyles.

As a marriage falls apart, couples must weigh the pros and cons of different approaches to resolving their disputes. Can they resolve conflicts through legal remedies that avoid divorce, such as marital agreements or other legal settlements? Or is divorce inevitable, and if so, which method best serves their purposes – alternative dispute resolution (ADR), such as mediation, or courtroom litigation?

When facing marital challenges, it is vital that you obtain a divorce lawyer who has compassion for your situation, along with the legal skills appropriate for your objectives. You will need to evaluate available resources to protect your best interests and those of your children. Discussing the legal aspects of family issues with an experienced lawyer can help you make informed decisions.

Grounds for Divorce in New York

All states, except for New York, allow “no fault” grounds for divorce, which means divorce can be sought without establishing fault or blame for the breakdown of the marriage. However, in New York, the following criteria exist for fault-based divorce, with one or more grounds being necessary to obtain dissolution of the marriage:

  • Cruel and inhuman treatment (Domestic Relations Law §170.1)
  • Abandonment for a continuous period of one year or more (DRL §170.2)
  • Imprisonment for more than three years subsequent to the marriage (DRL §170.3)
  • Adultery (DRL §170.4)
  • Conversion of a separation judgment (DRL §170.5)
  • Conversion of a written and acknowledged separation agreement after living separate and apart for more than one year (DRL §170.6)

Irreconcilable differences, incompatibility, mutual consent and no communication are not recognized by New York courts as acceptable grounds for divorce.

Issues Resolved During Divorce

Once grounds for divorce have been established, the following issues will also be addressed during the divorce process:

  • Maintenance/Spousal Support (previously termed “Alimony”)
  • Property Division called “Equitable Distribution” in New York
  • Child Custody
  • Child Support
  • Visitation (Parenting Rights)

Equitable Distribution

Property division in New York is determined by laws that regulate equitable distribution. A family business, real estate, retirement plans, investments, insurance, trust funds, debts and other assets can make equitable distribution of property very complicated, especially when a long term marriage is involved. Our lawyers at Reynolds, Caronia, Gianelli, Hagney & La Pinta, LLP, thoroughly examine all marital assets, as well as effectively advocate on behalf of our clients to safeguard their interests.

Contested and Uncontested Divorce

Contested Divorce – parties dispute the grounds for divorce or issues involved with the divorce, such as child custody, property division, child support, spousal support, etc. A resolution for issues in dispute needs to be reached either through negotiated settlement or alternative dispute resolution, such as mediation, or through court proceedings and trial.

Uncontested Divorce – both parties agree regarding the grounds for divorce and how to manage the issues involved.

Whether representing clients in a contested or uncontested divorce, Reynolds, Caronia, Gianelli, Hagney & La Pinta, LLP has seasoned divorce lawyers who take the time to fully understand their client’s individual needs and tailor representation to protect their rights. Our firm and lawyers are well regarded throughout New York City and in particular, Long Island, for our successes in dealing with divorce.

Arrange a Complimentary Consultation

Please contact us today at (631) 231-1199/(800) 842-3380 to arrange a confidential and complimentary consultation to discuss your divorce.

Our Practice Areas Location

35 Arkay Drive
Suite 200
Hauppauge, New York 11788

MAP & DIRECTIONS

Phone:(631) 231-1199
(800) 842-3380
Fax:(631) 231-1344