Iranian Divorce Lawyer in Nassau County
Divorce can be messy, even for grandparents. This life-altering change can take a toll on the grandparent-grandchild relationship, especially when a parent interferes with the coexistence of this connection. If this is the case, you may want to contact our Iranian divorce lawyer in Nassau County immediately. Before you do so, you might be questioning your legal rights to grandparent visitation and if you even have any, to begin with.
What is my legal right in the state of New York, and what is the law?
Compared to other states, New York’s law pertaining grandparent visitation is quite restrictive and follows the “best interests” doctrine. As a grandparent, you have a legal right to request court-ordered visitation when:
- One or both parents pass away.
- You have considerable, existing relationship with your grandchild(ren).
- The child’s parents have impeded with your efforts to establish or maintain a relationship with your grandchild(ren).
This legal right only applies to biological or adoptive grandparents and does not extend to great-grandparents or other relatives such as aunts and uncles. If you are a grandparent seeking visitation rights, you are required the burden of proof, or the obligation to provide sufficient evidence — must prove your identity and provide documentation and testimony of your relationship with your grandchild(ren).
If one or both of the child’s parents have passed away, your request for visitation rights is automatic. If one or both of the parents are alive, you must prove to the judge that the child’s parent(s) is making it difficult to nurture or establish a relationship with your grandchild(ren). If you are unsure about where you fall, receive a free consultation from our Iranian divorce lawyer in Nassau County before setting up an appointment.
The two-part test
Above, we mentioned that New York follows the “best interests” doctrine — one of the factors the court puts into consideration. Simply put, the court will decide if the visit is in the best interest of the child and will consider all relevant factors such as:
- Child’s wishes.
- The morality of parents.
- Child’s emotional and physical needs.
- The motivation behind parent’s decision to limit grandparents visitation.
- The atmosphere of the home environment.
- Parent’s past behavior and conduct.
- Potential education opportunities for the child.
The second considering factor for grandparent visitation is determining whether there is a well-established, functional relationship between the grandparent and grandchild. If the parents deliberately prevented contact between the grandparent and grandchild, but the grandparents persisted to establish a relationship anyway, the court may find a relationship to exist. In the case the grandparents had custody of the grandchild before custody was returned to the parents, a strong pre-existing relationship may also be present.
If you are a biological or adoptive grandparent seeking legal help regarding grandparent visitation, contact Simonetti & Associates and speak with our Iranian divorce lawyer in Nassau County. Grandparent-grandchild relationships are just as important as parent-child relationships. Don’t let divorce get in the way of that special connection.
The divorce papers are signed — your marriage is officially over; every story is different. Maybe you have kids together, maybe you don’t. Maybe you’ve been married for years, or maybe it’s only been a year. Maybe the divorce was your idea, maybe it was your ex’s. Whatever the case may be, post-divorce can be overwhelming. You’re trying to start over. Maybe you’re trying to move or even start a new career. Most importantly, you’re rebuilding your life. On your own. You may be asking yourself where to go from here. Here are a few suggestions and answered questions from our Iranian divorce lawyer in Nassau County about the next steps after a divorce is finalized:
- Let yourself mourn, and work through your feelings
It’s going to be difficult to get anything done if you can’t confront your emotions firsthand. Rarely do people consider divorce upon going into a marriage. Even if you wanted the divorce, once the papers are signed, it’s a loss. There will be a hole where it was once full. It’s easy to sweep your emotions under the rug and forget about them, but you can’t allow yourself to do that.
- Officially change your name
Most states allow you to get your maiden name or former married name restored as part of the divorce. If you didn’t mention this to our Iranian divorce lawyer in Nassau County pre-divorce, then you must file a separate court case. Post-divorce, you will have to show certified copies of the divorce decree to SS, your driver’s license center, passport agency, and everything of the sort.
- Divide your debts and tend to your credit
If you haven’t done so during the divorce, close all of your joint accounts, and remove your ex-spouse as an authorized user on all accounts. Then, pull up your credit report, and have your ex-spouse remove you as an authorized user from his/her accounts. This is crucial in the event your former spouse misses a payment or neglects the bill overall, your credit score will be affected.
- Estate planning
Changing your will should be a top priority on your list. You don’t want to risk the chance of your ex-spouse inheriting everything when you pass away. Also, don’t neglect your powers of attorney for health care and property — don’t give your ex-spouse the opportunity to make your life or death decision for you. Last, but not least, change your beneficiary designations which includes life insurance and 401(k)s, maybe even bank accounts.
A major determining factor in who gets custody of the kids after a divorce depends on who the primary caretaker is. Not only is this the parent who takes care of a majority of the child’s tasks — grooming, cooking, taking to school — but also the parent who has the closest emotional bond with the child. In the case that you and your ex-spouse can come to a mutual agreement, the court will not need to intervene but simply approve of your plan. No matter what the court decides during the custody hearing, it all goes back to what’s in the child’s best interests. Courts will consider factors such as, but not limited to:
- Child’s own wishes, if the child is old enough to express.
- Evidence of alcohol or drug abuse.
- Parent’s physical and mental health.
It’s important to take care of (almost) everything before the divorce is finalized or immediately after, especially if it’s messy. If you have any legal questions or concerns about your divorce, come in for a free consultation from our Iranian divorce lawyer in Nassau County over at Simonetti & Associates today.
If you’re considering divorce, have you fully thought about the potential circumstances and consequences? Divorce may seem like the easy way out — of a relationship — but have you thought everything through? At Simonetti & Associates, our Iranian divorce lawyer in Nassau County can answer all of your legal questions and concerns. Before you file for a divorce, takes these factors into consideration.
Implications on family and children
You are divorcing your spouse, not your children, but that doesn’t mean there won’t be any complications with the children. Do you have a mutual understanding with your spouse? To stop the divorce from taking an ugly turn, keep a friendly relationship with your spouse. Whatever the case may be, you don’t have to condone your spouse’s behavior, but simply let go of it. Especially if you want joint custody of your children. If you were to file for divorce, and it turned ugly, say you brought the case to court for a custody hearing, the court will rule in favor of the primary caretaker. If you come to a mutual agreement, the court may not be necessary — they will simply approve of the agreement.
The cost post-divorce
Not only will you be paying hundreds to thousands of dollars in attorney’s fees, but have you considered the cost of legal fees, separate households, and raising the children? You also have to remember you’re going to have to change your way of living since your income will be significantly lowered. “An average woman faces a 73% loss in her standard of living after divorce, while the average ex-husband is likely to enjoy a 42% boost in his standard of living,” according to statistics in The Divorce Revolution by Lenore Weitzman. This is not to say all women will face a lower standard of living.
If you do decide to move forward with the divorce after considering all the potential circumstances, remain honest with not only our Iranian divorce lawyer in Nassau County but also with your spouse. You must provide your attorney with all the key facts so she/he can analyze the case properly. If you hide something from your attorney, the odds of a potential reveal of whatever you’re hiding is substantially high, thus, potentially harming your case. The same applies to your spouse. In the state of California, divorcing spouses must disclose all information regarding income, expenses, assets, and debts. I.e. A wife filed for divorce and did not disclose the fact that she won $1.5 million in the California Lottery. When the husband found out, he informed the judge who then awarded all — not half — of the winnings to the husband, according to Lina Guillen, attorney.
Divorce may seem like the only way out, but sometimes, you may be able to work through your problems with counseling. In the case that your issues are beyond counseling, contact our Iranian divorce lawyer in Nassau County, and set up an appointment.
How To Maintain A Friendship After Divorce
While couples may ultimately select divorce as the best option for them moving forward, sometimes the decision about whether to maintain a friendship is not fully addressed. Divorce is an exceptionally vulnerable time for both parties, and it is therefore critical to approach friendship after divorce in a mature manner. That being said, there are many benefits to staying friends, or at least to maintain some level of amiability towards one another. Allowing each divorcee to maintain respect and contact with one another can be very useful in the future. For one, if the couple has children, it allows them to feel a sense of security and stability knowing that both parents are able to talk to one another in a respectful manner. Also, sorting through the distribution of assets, loans, and belongings can be accomplished in a more organized, succinct manner when both parties are on level terms. If you need an Iranian divorce lawyer in Nassau County, contact Simonetti & Associates. Our attorneys offer years of experience and a free consultation to help you during this time.
Helpful Tips/Things To Remember
- Give It Time – Not all conflict can be resolved instantaneously. Sometimes, time may be the best solution for slowly stepping back into the friendship. Allowing yourself to gradually go through the 5 stages of grief, including denial, anger, bargaining, depression, and acceptance can help you heal and become more independent when approaching the friendship. It’s normal to take up to six months to fully accept circumstances, so while you cannot be friends now, do not completely rule it out for the future.
- Take A Step Back – While maintaining a healthy friendship would be the optimal scenario, understand that taking a step back may be the initial step. You have just lost someone you shared some of your most intimate secrets with. After a divorce, it is expected to give your co-parent some space to begin a new journey on their own and for you to do the same. You can use this as an opportunity to set new goals and adventures for yourself, independent of your prior spouse.
- Think About The Future – Try not to get too caught up in reacting to a current fight or insult. Family members, especially kids, want both their parents involved in different aspects of their lives at different times. Understand that for every moment you miss with your child, there will be many more opportunities in the future for you to stay involved. The best way to keep a healthy relationship is to think about the future and not let one moment in time define the rest of your life. Your Iranian divorce lawyer in Nassau County can assist you in planning for the future.
- Focus On Yourself – Sometimes the best way to build confidence again is by focusing on your own life and allowing yourself to feel happy once again. No doubt It will take time, but it is crucial to use this period to understand that you do hold a lot of value to yourself and the ones around you, particularly those that depend on you. Do not allow a divorce to take control of who you are and what makes you, YOU. One way to help focus on yourself is to see a therapist and provide weekly updates as to how you have been doing.
At Simonetti & Associates, we like to not only believe we are there during your difficult time, but also going forward. We offer services to make sure your objectives are met when dealing with costs and legal implications of a divorce. If you are looking for an Iranian divorce lawyer in Nassau County, give us a call and contact us today to set up your free initial consultation. We want to protect you during this time and make sure you are in the best position moving forward.