Divorce Lawyer in Suffolk County
Practicing Family Law on Long Island For Over A Decade
At Simonetti & Associates Law Firm, recognized as the Best Divorce Lawyer on Long Island for over 10 years, we proudly serve all residents of Suffolk County. We understand that no matter your financial situation, you want to avoid unnecessary expenses during your divorce. Our goal is to provide the top-notch representation and spousal support you deserve from a reputable firm while keeping your legal costs manageable. Our dedicated attorneys at Simonetti & Associates are committed to guiding you through the complexities of divorce and other family law matters. With extensive experience in settlement negotiations and litigation, we are prepared to advocate for your rights in court. Whether your case is straightforward or complex, our motivated attorneys are ready to handle your case in Suffolk County or anywhere on Long Island.
Our Family Law Services
Why Choose Simonetti & Associates?
Simonetti & Associates has proudly served the residents of Long Island since 1990. Our founding member is a native of Long Island and has dedicated his entire career to practicing law here. We are well aware of the concerns that matter most to our community members. Our main office is conveniently located in Syosset, New York, with ample parking and easy access to major highways. Additionally, we have an office in Water Mill, NY, to better serve our clients. Our attorneys bring over 35 years of experience in handling complex cases, particularly in divorce, divorce mediation, and various family law issues. We are eager to put our expertise to work for you.
Meet Our Experienced Long Island Attorneys
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Founder & Managing Partner
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Associate Attorney
Frequently Asked Questions About Divorce in Suffolk County
1. What are the legal grounds for divorce in New York?
In New York, both no-fault and fault-based divorces are allowed. The most common ground is an irretrievable breakdown of the marriage for at least six months (no-fault). Other grounds include adultery, abandonment, imprisonment, and cruel and inhuman treatment.
2. Do I need to live in New York to file for divorce here?
Yes. New York has residency requirements. Typically, at least one spouse must have lived in New York for a minimum of one year before filing. In certain situations, a two-year residency requirement may apply.
3. Where do I file for divorce if I live in Suffolk County?
Divorces in Suffolk County are filed in the New York Supreme Court in the county where either spouse resides.
4. How long does a divorce take in New York?
An uncontested divorce can take 3 to 6 months once the necessary paperwork is properly filed. A contested divorce may take a year or longer, depending on disputes regarding assets, custody, or support.
5. Is New York a 50/50 divorce state?
No. New York follows equitable distribution, meaning marital property is divided fairly, not necessarily equally, based on factors such as income, duration of the marriage, and contributions of each spouse.
6. What property is considered marital property in New York?
Generally, anything acquired during the marriage—including homes, retirement accounts, businesses, and debts—is considered marital property, regardless of whose name is on the account.
7. Will I have to pay spousal support (maintenance)?
Possibly. New York uses statutory formulas to calculate temporary and post-divorce maintenance, but judges can adjust the amount based on income, health, length of marriage, and earning capacity.
8. How is child custody decided in New York?
Custody is determined based on the best interests of the child. Courts consider factors such as parental fitness, stability, the child’s needs, and each parent’s involvement. New York recognizes both legal and physical custody.
9. How is child support calculated in New York?
Child support is calculated using the New York Child Support Standards Act (CSSA), which applies a percentage to combined parental income based on the number of children.
10. Can grandparents seek visitation rights in Suffolk County?
Yes. New York law allows grandparents to petition for visitation if it is shown to be in the child’s best interests and certain legal thresholds are met.
11. Can we get divorced without going to court?
Yes. If your divorce is uncontested, you may be able to finalize the case without a court appearance. Properly prepared and filed paperwork is essential to avoid delays.
12. Do I need a lawyer to get divorced in New York?
While it is legally possible to represent yourself, divorce involves complex issues such as property division, custody, and support. An experienced New York divorce attorney can help protect your rights and avoid costly mistakes.
13. Can I modify custody or support after a divorce?
Yes. Custody, child support, and sometimes spousal support can be modified upon a substantial change in circumstances, such as income changes or relocation.
14. What if my spouse and I agree on everything?
If all issues are resolved, you may file for an uncontested divorce, which is typically faster, less expensive, and less stressful.
15. What should I bring to my first consultation with a divorce attorney?
You should bring:
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Tax returns and financial statements
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Pay stubs and bank account information
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Property and debt records
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Any existing court orders or agreements