Key divorce issues our attorneys handle
- Division of the marital home, investment properties, and retirement accounts (including QDROs)
- Business valuation and division when one or both spouses own a business
- Spousal maintenance (alimony), negotiated or litigated based on NY maintenance guidelines
- Parenting plans and child custody arrangements that prioritize your children’s stability
- Child support calculation under the NY Child Support Standards Act
- High-asset and complex divorce involving significant financial portfolios
- Protection of separate property, assets owned before the marriage or received as gifts or inheritance
Child Custody and Support on Long Island
Child custody disputes are among the most emotionally difficult aspects of divorce, and the most consequential. New York courts make custody determinations based on the best interests of the child, considering each parent’s relationship with the child, the stability of each home environment, and the child’s own preferences as they mature.
Types of custody in New York
Legal custody refers to the right to make major decisions for your child, regarding education, healthcare, and religious upbringing. Physical custody refers to where the child lives. Both can be awarded jointly or solely. Joint legal custody is common; joint physical custody (shared parenting time) depends on the circumstances and the child’s needs.
Child support in New York
Child support in New York is calculated using the Child Support Standards Act (CSSA), which applies a percentage to combined parental income based on the number of children: 17% for one child, 25% for two, 29% for three, 31% for four, and no less than 35% for five or more. Courts may deviate from the formula when the combined income exceeds the statutory cap or when special circumstances apply.
Support obligations do not automatically end at age 18 in New York. If a child is still in high school, support continues until age 21. College expenses are frequently litigated, and courts can order parents to contribute based on their financial circumstances.
Why Long Island Families Choose Simonetti & Associates
- Voted Best Divorce Lawyer on Long Island 10+ consecutive years — Nassau and Suffolk County’s most recognized family law firm
- Over 35 years of experience representing Long Island families in Nassau County Family Court and Suffolk County Family Court
- More than 75 years of combined attorney experience across the entire legal team
- Attorneys listed in Super Lawyers, including multiple selections for 2024
- Free consultations in every case — no obligation, no upfront fees to speak with an attorney
- After-hours call returns and flexible appointment scheduling including virtual consultations
- Two convenient locations: Woodbury (Nassau County) and Water Mill (Hamptons / East End)
- Attorneys familiar with local Nassau and Suffolk County judges and court procedures
Frequently Asked Questions
Q: How long does a divorce take in New York?
A: An uncontested divorce typically takes 3-6 months from filing to finalization. A contested divorce can take 1-2 years or longer depending on the complexity of the issues. Our attorneys work to resolve cases as efficiently as possible while protecting your interests.
Q: Do I need a lawyer for an uncontested divorce in New York?
A: You are not legally required to have an attorney, but it is strongly advisable. Even an uncontested divorce involves a binding legal agreement covering property, support, and custody. An error in the paperwork can have financial and legal consequences for years.
Q: Can a custody order be changed after divorce?
A: Yes. Either parent can petition the court to modify a custody or visitation order if there has been a substantial change in circumstances since the original order was entered — such as relocation, a significant schedule change, or concerns about a child’s wellbeing.
Q: Is mediation right for my divorce?
A: Mediation works well when both spouses are willing to negotiate in good faith and want to avoid litigation. It is not appropriate in cases involving domestic violence, hidden assets, or a significant power imbalance. Our attorneys can help you determine the right path for your situation.
Q: What is equitable distribution in New York?
A: New York’s equitable distribution law divides marital property — assets and debts acquired during the marriage — fairly between spouses, though not necessarily 50/50. Separate property owned before marriage or received as gifts or inheritance is generally not subject to division.
Q: How is spousal maintenance calculated in New York?
A: New York uses a formula to calculate guideline spousal maintenance based on both spouses’ incomes and the length of the marriage. Courts also consider age, health, earning capacity, and the standard of living during the marriage. Maintenance can be negotiated or determined by the court at trial.
Serving All of Nassau and Suffolk County
Simonetti & Associates represents clients throughout Long Island, including residents of Garden City, Huntington, Massapequa, Hicksville, Plainview, Syosset, Woodbury, Great Neck, Mineola, Smithtown, Babylon, Riverhead, Islip, Southampton, East Hampton, Brookhaven, Hauppauge, and Commack.
Our main office in Woodbury is conveniently located near the Seaford-Oyster Bay Expressway (Route 135), Long Island Expressway (I-495), and Northern State Parkway, with ample parking. Our Water Mill office serves clients on the East End and in the Hamptons.
Speak With a Long Island Family Law Attorney Today
Simonetti & Associates has been voted Best Divorce Lawyer on Long Island for 10+ consecutive years. Our family law attorneys serve all of Nassau and Suffolk County with free consultations, flexible hours, and after-hours call returns.
Summary
Service Type
Area
Family Law
Provider Name
Simonetti & Associates, Telephone No.877-385-2560
Long Island
DescriptionOur Long Island Family Law Attorney provides representation for clients in Nassau and Suffolk County alike, from Long Island towns such as Long Beach, Huntington, Massapequa, Hicksville, Montauk, and everywhere in between.