Nassau County Divorce Attorney
Advocating With Professional Counsel for Those in Long Island & Suffolk County
At The Virdone Law Firm, P.C., our team of lawyers is committed to helping individuals in Nassau County and the surrounding areas get through divorce in a manner that is as stress-free as possible. Divorce involves your family, property, finances, and so much more that you hold dear – we can help you protect it.
Why Choose The Virdone Law Firm, P.C.?
- Free Case Consultations
- Top-Rated Law Firm
- Backed by Over 27 Years of Legal Experience
- Cost-Effective Legal Assistance
- Extensive Track Record of Success
In order to make sure you reach the most favorable outcome possible, it is important to work with a Nassau County attorney you truly trust. With decades of collective experience, our team maintains an extensive familiarity with the New York family law system. You can be confident in our ability to successfully resolve your divorce proceedings.
How Long Does It Take to Get a Divorce in New York?
It is impossible to exactly predict the time it will take to get a divorce in New York. If the divorce is uncontested, it might only take a few months to be finalized. If the divorce is contested, then it could take much longer due to the time it takes to resolve the matters in court. However, New York does not have a mandatory waiting period for divorce, so once the various matters are decided on, the judge can finalize the divorce.
How Do I Start the Divorce Process in New York?
To start the divorce process in New York, you will first need to meet the residency requirements. You can meet the residency requirements if one of the following are true:
- One of the spouses has lived continuously in the state for at least two years.
- One of the spouses has lived continuously in the state for one year and either 1) got married in the state, 2) lived in the state as a married couple, or 3) the divorce ground occurred in the state.
- Both spouses are residents of the state and the grounds for divorce occurred in the state.
If you meet the residency requirements for filing for divorce in New York, then you can start the divorce process. Do not hesitate to contact our firm for help.
Tailor-Made Solutions for All Divorce Matters
Over the years, our founding attorney John Virdone has become recognized throughout the community for his respected opinion and counsel on various divorce and family law matters. In fact, Attorney Virdone has been the guest at countless seminars and speaking engagements. He is also admitted to the State and Federal Bars of New York and New Jersey, as well as the U.S. Supreme Court, and the Second Circuit of Appeals. When you choose our divorce law firm in Nassau County, you can rest assured that you case is in competent and capable hands.
Whether you are dealing with a contested divorce or you are seeking to avoid a complicated legal process by pursuing an uncontested divorce, Attorney Virdone can come to your aid. No matter what questions you may have, get in touch with our Nassau County divorce firm today.
Work Toward a Brighter Future—Schedule a Free Consultation!
Whether the marriage can be dissolved peacefully through negotiation, or calls for litigation in the courtroom, we possess the skill set, resources, and experience needed to take on even the most complex cases. Regardless of the legal proceedings your case requires, you can trust that we will work to come up with the solution that is as pain-free and cost-effective as possible.
No matter how complicated or overwhelming your situation may seem, you do not have to navigate through the family law system alone. We truly care about you and your family's well-being and we are here to assist you. Attorney Virdone has handled divorces involving significant assets, helped members of the military seeking a divorce, and assisted those who are weighing the pros and cons of legal separation versus divorce.
Get more information and schedule your free consultation — contact our divorce firm today! We help clients in Nassau County, Suffolk County, and Queens County.
New York Divorce FAQ
What Are the Grounds for Divorce in New York?
Two requirements must be met before you can file for divorce on Long Island, New York:
- You must fulfill the state's residency requirements.
- You must satisfy one of the grounds for divorce.
NY RESIDENCY REQUIREMENTS
In order to file for divorce, legal separation, annulment, or a declaration of nullity for a void marriage, the state of New York requires that divorcing couples must first fulfill the residency requirements. One of the parties must have been continuously living in New York for a year by the time the action was filed with the court.
In addition, at least one of the following conditions must be met:
- The couple was married in New York
- The couple has resided in New York as husband and wife
- The cause for the legal action occurred in New York
- The cause for the legal action occurred in New York and both parties were residents when the action was filed
- At least one of the parties has been a New York resident for a continuous period of at least two years by the time the action was filed
FAULT & NO-FAULT DIVORCE IN NY
New York recognizes both fault and no-fault divorce grounds. Fault-based divorce grounds require proof of wrongdoing on the part of one of the spouses.
According to Domestic Relations Law Section 170, the fault-based grounds for divorce include:
- Cruel and inhuman treatment
- Abandonment of the plaintiff
- Imprisonment of the defendant
Not all divorce grounds require a showing of misconduct or wrongful act as a cause for granting a divorce. In 2010, New York recognized a distinctly no-fault divorce ground based on the irretrievable breakdown of marriage. In order to file for no-fault divorce, you must swear under oath that you and your spouse are unable to reconcile your marriage. The courts may require proof that your marriage has been in an irreparable state of breakdown for a period of at least six months.
Section 170 lists the following no-fault grounds for divorce in New York:
- Living separate and apart according to the terms of a separation decree or judgment
- Living separate and apart under the terms of a separation agreement
- Irretrievable breakdown of the marriage
What if My Spouse Wants a Divorce, But I Don't?
We can help you defend against a divorce if you have been served with papers. Many parties want to work things out or have other reasons why they prefer to stay together.
How Do I Get a Separation Agreement in NY?
Prior to August of 2010, New Yorkers could only file for divorce based upon specific grounds. One of these was the conversion of a separation agreement. A separation agreement can allow you to obtain a conversion divorce after one year living pursuant to this contract. This also often reduces the expense and litigation associated because it gives the parties a time to test the waters and see what works and what does not.
Can You Help Me Get Custody or Visitation?
We are recognized professionals in custody and visitation matters, especially in complex cases involving fathers and grandparents. We work in all of the courts and are well respected by all of the judges and court-appointed attorneys. We know the ins and outs of the system and how to bring the strongest case with the most up-to-date laws.
Do Fathers Have the Same Rights As Mothers?
The law is getting there. When a father wants visitation and / or custody, what is in the best interest of the child will be the primary concern. There remains, however, some preference that mothers are nature's caregivers and fathers are often on somewhat unequal footing in custody and visitation disputes. Our attorneys are recognized in fathers' rights issues, and a case can depend on choosing the right attorney because the laws in this field are constantly changing.
In New York, Do Grandparents Have Rights to Visitation or Custody?
Generally, yes. The courts are certainly recognizing the special bonds that can exist between grandparent and grandchild, and obtaining standing to bring a petition is quite easy. The court will then look at what is in the child's best interest and may award visitation or even custody depending on the situation involving the parents who may be deceased or incompetent to care for their own child. You will be hard-pressed to find attorneys with more grandparents' rights experience than at our firm as we are regular speakers at national and local grandparents' rights organizational meetings and have been interviewed repeatedly by the press on this topic.
How Do I Find a Good Lawyer for Divorce?
If you are involved in any type of family law matter, the question of when to hire an attorney can be fairly easy to answer: right away. The sooner you hire an attorney, the sooner they can help protect your family and help you work toward a positive outcome. Some characteristics of a good lawyer include:
- Experience – An experienced attorney will have the capacity to represent a range of clients with various concerns; will have a more comprehensive understanding of the law; and will have the ability to apply the law to the unique needs of every client.
- Proven Record – These days, do-it-yourself (DIY) pamphlets and software can make getting a divorce look easy; however, divorce is rarely easy. DIY divorce programs can result in serious oversights on crucial matters. Instead of taking on the divorce process yourself, an attorney with a proven record can give you the peace of mind you need.
- Open Communication – Working with a lawyer who is impossible to reach or who makes you feel as though you are not a priority can be extremely discouraging. At a time when you need unwavering support, you need a team that is available and caters to your busy schedule.
- Trustworthy Reputation – Few things serve as a greater compliment than being acknowledged by former clients. Find a lawyer with a trustworthy reputation in the legal and local communities who is known for always approaching legal matters ethically, professionally, and effectively.
"Mr. John Virdone is an exceptional attorney who is also kind and empathetic. His knowledge of family law exceeds that of other attorney's I had contacted. He took over my case from another lawyer at my request and handled it competently, professionally, re"Laura H.
"John helped me and my family through the medicaid process for a loved one from beginning to end. John was always there for us, promptly returning our calls, emails, etc. John was knowledgeable, efficient, compassionate, kind and understanding. He was so ea"Former Client
"How can I express my gratitude to Kira Schettino for taking the time and effort to prepare my case and represent me in court? Believe me, you have my complete admiration and respect for a job well done! I am also grateful to Amy Wilder my Social Worker for"J.K.
"John is very knowledgeable. He clearly explained my options and provided guidance and with his expects assistance I was able to get an excellent Grandparent visitation settlement within three court visits, I highly recommend him."L.C.
"Mr. Virdone is the BEST lawyer I've ever seen and worked with. Being an out of state Dad makes everything so much more difficult to fight and represent myself. New York denied me a DNA test do to me not having been properly served by a processes server. "M.H.