Smithtown Family Lawyer

Simonetti & Associates is a caring, compassionate, and dedicated Smithtown Family Lawyer that serves the entire Long Island community. Our firm is the proud recipient of the Best Of Long Island Award for the divorce attorney category for seven years in a row.

Social Media and Divorce

Social media can act as a very useful tool for many, allowing us to connect with others and receive valuable information.  However, the effect that social media use has on romantic relationships can be negative.  We live in a digital age where we rely on our cell phones and computers for nearly everything.  

We can sometimes lose priority in what is really most important in life.  Both partners can get so caught up in their devices to the point where it is causing extreme problems within the relationship.  If you seek a Smithtown Family Lawyer, contact Simonetti & Associates for more information.

Social Media: How is it Affecting Your Relationships?

Research has shown how increased social media use has lead to various marriage issues, infidelity, and eventually divorce.  There are some specific reasons how social media use can result in marital issues, they include:

“Get off of Facebook, you are on all day”

• It is not always just what the person is doing on their social media accounts, but how much time they are spending online, and away from their spouse.  Too much time spent on social media has been shown to negatively affect relationships.

Jealousy, Snooping, and Suspicious Behavior

• Social media provides easy access for people to sneak on their spouse.  Whether they have suspicions of cheating, discovering secrets of their past, or just blatant mistrust of their partner, the online atmosphere no doubt causes issues.  This will lead to increased jealousy and monitoring within the marriage, which is a recipe for an unhealthy relationship.

Social Media and Cheating

• There are unfortunately often times when a person will seek out suspicions of their partner online and find that they are being untrustworthy.  1 in 10 adults admit to hiding messages from their partner, and 8% of adults have admitted to having secret online accounts.

• With today’s technology, it has become easy and accessible for adults who are dissatisfied with their relationship to seek out new partners, or an ex online.  Apps such as Tinder make it easy to meet new people, and it has been shown that 30% of users are married.

Smithtown Family Lawyer – Simonetti & Associates

On a brighter note, many people are finding their loved ones through online dating sites and social media and research show that those people have happy and long-lasting marriages.  Adults today are recognizing the threat of social media within their relationships, and are doing their best to combat online pressures and temptations.

Nonetheless, social media will forever be a prevalent force in our society, and we must learn how to use this tool in a positive manner, especially in regards to our relationships. If you seek a Smithtown Family Lawyer, contact Simonetti & Associates today to get the help you need.  

NY State Divorce – Pertinent Information

When going through a divorce, there are many precise laws and important facts to be aware of before you dive into the action. Divorce laws vary from state to state, and it is imperative that you’re fully aware of what a divorce in the state of New York entails. If you want to file for divorce, you must adhere to the legal grounds for divorce in NYS to finalize a legal separation. If you seek the aid of a Smithtown Family Lawyer, Simonetti & Associates are here to assist.

Legal Grounds for Divorce in New York State

New York State law requires that those filing for divorce must present their reasons. Examples of this can include the following:

Marriage has been irretrievably broken for more than six months.

• This falls under no-fault grounds because it does not show the spouses destructive behavior. Even under this no-fault claim, a court cannot finalize the divorce until all issues and matters have been settled.

Cruel and inhuman treatment

• This alleges behavior is intolerable, such as emotional or physical abuse that may or not be linked to drug or alcohol abuse.

Abandonment

• If your spouse is separated from you or has been moved out for over a year, you may have a claim for divorce on abandonment.

Imprisonment

• If your spouse has been incarcerated for a term of three years or longer than you may have a claim for divorce on imprisonment.

Adultery

• You have grounds for divorce if adultery is committed, except in the case that:

• You encouraged your spouse to commit adultery.
• Reconciled after discovering the adultery.
• Committing adultery yourself.

• You must be prepared to prove the adultery with evidence in addition to your testimony.

Living under a separation agreement

• You may have grounds to a conversion divorce if you have lived apart from your spouse for over a year pursuant to legal separation.

Local Smithtown Family Lawyer

Adhering to the legal grounds for divorce in New York are essential in assuring you can follow through with your divorce. The divorce process is never easy, nor fun, but understanding given information is essential. Our experienced Smithtown Family Lawyer will help ease you through your divorce, and provide clarity through the process as well. Contact us today if you are looking to file for divorce in the state of New York.

Frequently Asked Questions About Divorce in New York

Answers from experienced attorneys in Nassau and Suffolk Counties on Long Island

If you are wondering how to get divorced in New York or about any other aspect of New York divorces, Simonetti & Associates can help. Our goal is to educate and inform you, so you can make the best decisions for your family. With more than 25 years of experience, our knowledgeable divorce attorneys provide answers to questions regarding divorce in New York:

• Who can file for divorce in New York?
• What are the residency requirements for divorce in New York?
• Do I have to prove fault to get a divorce?
• Do I need a lawyer?
• What happens if I cannot pay my bills during my divorce because my spouse was the primary breadwinner?
• How is custody determined?
• Since filing for divorce, my spouse does not let me see our children. What can I do?
• What can I ask for in my divorce?
• Can a divorce agreement be changed?

Contact the Long Island, NY divorce law firm that gives you value for your money

If you are looking for quality legal representation at an affordable price, contact Simonetti & Associates. Our main office is in Woodbury, and we have a second office in downtown New York. With more than 29 years of experience, we work diligently to solve your family law disputes as quickly and efficiently as possible. We offer flexible scheduling and return calls after hours to accommodate your busy life. To arrange a free initial consultation, call 877-385-2560 or contact us online.

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Who can file for divorce in New York?

To file for divorce in New York, you must meet the state residency requirements. New York allows same-sex couples to separate or divorce in the same ways and under the same rules as heterosexual couples.

What are the residency requirements for divorce in New York?

A plaintiff may file for divorce in New York if any of the following statements apply:

• The couple was married in New York and at least one spouse has been a resident for a continuous period of one year prior to filing.
• The couple has lived in New York as husband and wife and either party has resided in the state for a continuous period of one year prior to filing.
• Either party has been a resident of New York for a continuous period of at least two years prior to filing.

Do I have to prove fault to get a divorce?

New York is a no-fault state, which means you can get divorced without proving your spouse did anything specific to undermine your marriage. In a no-fault case, the grounds for divorce are an irretrievable breakdown of the marriage for at least six months, meaning that the marriage relationship is past any hope of repair.

Do I need a lawyer?

While you have no obligation to hire an attorney, a good divorce lawyer can save you time and money and reduce frustration in the long run. If you are not satisfied with your current representation, call us to discuss how we can help you transition seamlessly to our firm.

What happens if I cannot pay my bills during the divorce because my spouse was the primary breadwinner?

During divorce proceedings, the court can order temporary child support or temporary spousal maintenance. This provides financial support until the court issues a final judgment in your divorce. The final judgment may continue spousal support after the divorce, although there are no guarantees. However, the final judgment consummates the division of assets so you can begin rebuilding your financial stability.

How is custody determined?

Judges consider a number of factors when deciding who gets custody of the children. These include:

• The strength of each parent’s relationship and bond with the children
• Which parent is the primary caregiver for the children
• Which parent is most likely to encourage visitation with the other parent
• Whether each parent is physically and mentally capable of caring for the child

Previous domestic violence, neglect, abuse and other negative actions can weigh heavily against a parent seeking custody.

Since filing for divorce, my spouse refuses to let me see our children. What can I do?

Sadly, in many divorce cases where custody is an issue, one parent will attempt to withhold the children from the other parent. At the same time, that parent may seek to improperly influence the children with negative comments and disparaging remarks about the other parent in an attempt to damage the relationship between them. This is known as parental alienation. To enforce your parental rights, we can seek an order of temporary custody or visitation until your divorce is finalized. If you do nothing, you risk letting your relationship with your children deteriorate.

What can I ask for in my divorce?

You have the right to ask the court to grant several different forms of relief in your divorce, including child custody, child support, alimony, equitable distribution of property and orders of protection.

Can a divorce agreement be changed?

Yes. If your life circumstances change substantially, you may request a modification of your divorce settlement agreement or divorce decree. A proficient family law attorney can assist you in obtaining the modification.

Best Ways to Reduce Divorce Cost

While divorce may be a costly and stressful endeavor, there have been proven ways to keep costs down and to keep more money in your wallet during this process. If you are looking for a Smithtown Family Lawyer, who will deliver quality service, contact us at Simonetti & Associates. We have over three decades of experience helping the community in the Long Island area, and we can ensure that all, not just some, of your requests are attended to during this difficult time. We also offer advice and techniques to help you make financially savvy decisions during this whole process. If you are interested in practical ways to reduce divorce cost, contact us today for your free consultation and read more about efficient ways here.   

• Negotiate: By opening up a setting to negotiate with your ex-spouse and your ex-spouse’s lawyer, you can avoid the unnecessary fees of hiring a judge and taking things to the next level. While the environment may initially be contentious and intimidating, try to make some time to step away from the situation and look at things practically. If you and your ex-spouse can come to negotiations on your own, you can limit the extra cost of having lawyers or judges involved in dividing up assets.  

• Prioritize: By understanding what is important to you and what is worth your time, you can figure out if you and your ex-spouse will need two lawyers or possibly a collaborative lawyer who can work with the both of you and help reduce costs.

• Learn everything you possibly can about your state’s divorce laws: By understanding your state’s divorce laws, you can come prepared with the documents and knowledge of the process you need before seeing the lawyer.  This will help reduce costs because you will need the lawyer to review and sign papers rather than research and bring documents to you. Much of this information is public, found on the internet, and you can talk to public services such as social security to find out more.

• Indigency: If you meet specific criteria that verify you make below the poverty line in your area, you will not be obliged to pay for legal fees and services associated with hiring an attorney. This criterion is different in every state and even county at times, so it is important to keep documentation of your income level and research what this amount entails.

• Make sure all paperwork is filed correctly: By submitting paperwork again, you may have to pay additional administrative fees. For this reason, it is critical to ensure that all paperwork has been filed appropriately from the beginning with completion of all required signatures and proper documentation. It is vital to have an attorney review the paperwork before so that you can guarantee you won’t have any unforeseen hiccups down the road.

Top Smithtown Family Lawyer

Going through a divorce in Coram is never easy and usually causes much emotional distress on both spouses. This is why hiring the right experienced divorce attorney is the best thing you can do for yourself in order to take the emotional burden off yourself. There are many things that an experienced attorney can do for you and they will help the whole process of the divorce go as quick and easy for you as possible. Here at Simonetti & Associates, pride ourselves on expert client care and esteemed professional assistance.

Assistance & Professional Help

One of the most important things that your attorney will be able to do for you is uncovered all assets that your spouse may be hiding from you. A lot of times in a divorce one spouse may feel slighted and think that they are entitled to more of the assets and will attempt to hide them. Your attorney can use the legal power of discovery to uncover such assets so that you can then both decide what is rightfully yours.

Your attorney will also handle all of the negotiations with your spouse’s attorney so that you don’t have to worry about getting into an argument with your soon to be ex-spouse. This will take most of the emotion out of it allowing you to take this time to heal.

Your attorney will also be able to evaluate all of the settlements that your spouse will try and propose to you and they will be able to tell you if they think the offer is the right one for you or if they think that you should be asking for more. When you retain your attorney they will also be able to help with any child custody issues that may arise as well as any other legal issue you may encounter throughout the process.

Who To Contact?

Hiring an attorney during a divorce is one of the smartest decisions that you can make. They will make everything go quickly and make sure it impacts your life as less as possible. If you are in the Coram area then having the best divorce attorney nearby can make the process as efficient as possible. For further assistance, contact Simonetti & Associates today!

Smithtown Family Lawyer

At Simonetti & Associates, we want to make sure you have plenty of benefits during this difficult situation. By taking the steps outlined above, you can help save your money and financial assets. We are a well-reputed Smithtown Family Lawyer so if you think you can benefit from our services, do not hesitate to get in contact with one of our attorneys today!

How To Protect Yourself Financially During A Divorce

How Can Our Smithtown Family Lawyer Help You? 

Divorces can be an unpleasant process for both you and your soon to be ex-spouse.  If you’ve exhausted all options of trying to save your marriage to no avail, finding a top-quality Smithtown Family Lawyer should be the next thing to do.  At Simonetti & Associates, our team has over 75 years of combined experience in serving the Long Island community.  When working with our team, you can rest assured that we’ll do our part to keep you financially protected during a divorce.

Sign a Prenup/Postnup

No one wants to enter into a marriage they suspect will end in divorce.  However, planning for this event ahead of time can help keep you financially secure.  Prenuptial and postnuptial agreements are documents that are signed before and after a marriage has taken place that dictate how assets will be divided up in the event of a divorce.  Simonetti & Associates can help any interested party create these documents to help stay protected.  However, there are still ways to protect yourself financially even if these agreements are not created.

Know Your Assets 

Having a firm understanding of all your assets will help keep them protected.  Before filing for a divorce, you need to know how much money you have, and where it is currently placed.  You should also be able to verify which assets are in both your and your spouse’s name.  Our a Smithtown Family Lawyer will help with your ability to confirm any necessary information regarding assets such as:

• Mortgages
• Bank accounts
• Investments
• Additional assets accumulated during your marriage

Compile Documentation

In the digital age, it’s not uncommon for people to manage all of their assets electronically.  However, Simonetti & Associates warns that you must have all the crucial information in writing.  It is not out of the realm of possibility that a vindicate spouse locks you out of any joint accounts leaving you susceptible to suffering losses.  Having physical copies of the following will help prevent that from happening:

• Bank account statements
• Brokerage form statements
• Tax forms

Secure Quality Representation With Our Smithtown Family Lawyer

Many variables can impact the outcome of finances in a divorce.  Having subpar representation can put you in a financial hole.  However, our Smithtown Family Lawyer will prevent that from happening.  To learn more about protecting yourself financially, and how our team at Simonetti & Associates can help with this, be sure to contact us today!

How To Obtain An Order Of Protection In New York

How Can Our Smithtown Family Lawyer Help You?

A surprisingly large number of Americans deal with abuse each year. This can be a very difficult and emotional experience but finding a way to prevent this is important to the well-being and health of thousands across the country. It can sometimes be a difficult decision but an order of protection may be your safest option. At Simonetti & Associates, a Smithtown Family Lawyer, we work with you to figure out your most ideal and safe options.

What is an Order of Protection?

The legal order of protection is a document that protects you from someone who has abused you or someone that you think may abuse you. The order of protection enforces the fact that your abuser or potential abuser cannot come into contact with you or any of your household members as well as your workplace, home, or child’s school. It will also allow you to collect your belongings with police protection if you need to do so as well as pay your lawyer and any damages caused to you. 

When Should I Consider an Order of Protection?

An order of protection is a very serious matter which is why it is important to know when you should consider it. Many factors determine when and if you should file:

• You are 17 years old or older.
• You have been abused by a spouse, partner, or someone who you are blood-related to.
• You are being stalked.
• You have children with the individual

If any or all of these factors fit your situation, you must reach out to a lawyer to ensure your safety. Our Smithtown Family Lawyer works with many individuals who fit into this category and work effortlessly to make sure they receive their protection.

How Does it Work?

There are two types of order of protection to get a Family Court order of protection; you would go to either the Family Court or the Probation Department. Family Court requires you to fill out a family offense petition. This is something that the Probation Department can help with. The Probation Department helps individuals to fill out the order of protection petitions. Once you have filed the petition, you will appear in court. A judge will look over the petition and decide if an order of protection is appropriate. The order of protection usually lasts for a year but sometimes they can last up to five years. If anything in your situation changes then you can bring it up with the court to change your order of protection.

Contact Our Smithtown Family Lawyer

Having a court issue an order of protection is a very serious matter whether it be within the criminal court or family court. Order of protection is very important and is a great way to ensure your safety if you ever feel threatened. Having an experienced attorney in your corner to guide you through the process of obtaining one is also extremely helpful. Contact our Smithtown Family Lawyer today to hear your options and ensure your safety.

What Is The Cheapest Way To Get Divorced?

Going through a divorce can be a financially draining process.  How can you be expected to start a new chapter of your life with the development of a new financial burden?  At Simonetti & Associates, we’ll do our part to make sure that doesn’t happen.  Our Smithtown Family Lawyer can provide you with knowledge of the cheapest way to get a divorce, so this decision does not end up crippling you.

What Is An Uncontested Divorce?

When making a cost-effective decision on your divorce process, our Smithtown Family Lawyer recommends doing everything in your power to file for an uncontested divorce. Couples arguing over who will receive assets accumulated during the duration of the marriage will drag out the process, meaning more money needs to be spent.  However, in an uncontested divorce, both parties agree to what will happen to these assets after the divorce at the time of filing.

Uncontested Divorce In New York

At Simonetti & Associates, we strive to help all clients reach a favorable outcome in their divorce.  If you’re interested in filing for an uncontested divorce, we’ll do our part to help you achieve that.  In the state of New York, this program can be utilized if the following criteria are met:

• Both parties involved in the divorce are over the age of 18.
• No children under the age of 21 are involved in the divorce.
• The marriage lasted for more than six months.
• The relationship cannot be saved.
• All issues with assets and debt have been settled prior to filing. 

How Our Smithtown Family Lawyer Will Help

Sorting out issues with assets necessary for an uncontested divorce can be difficult to do on your own.  To help streamline this process, consider working with Simonetti & Associates.  We’ll do everything in our power to help you and your soon to be ex-spouse find a favorable solution for asset dispersion so an uncontested divorce can be filed for as soon as possible.

Contact Our Smithtown Family Lawyer

Divorce can be an uncomfortable process, but it doesn’t have to be.  By seeking out the right representation, you can save both time and money while remaining legally protected.  At Simonetti & Associates, our Smithtown Family Lawyer can provide the representation you need.  If a divorce is on your horizon, don’t hesitate to contact us today.