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New York Divorce FAQ

Get Answers from Trusted Divorce Lawyers

A Long Island family law attorney at our firm will review your situation and reason for filing for divorce and advise you accordingly. In the past, you actually had to establish grounds for divorce in New York. On August 15th, 2010, Governor Paterson signed into law a new bill that now grants no-fault divorce. This means that spouses can divorce based on irreconcilable differences.

Now that the state's divorce laws allow for no-fault divorce, the primary objective of your attorney will be to determine the best strategy in order to help you work out such issues as custody, visitation, support and property division in your best interests.

Frequently Asked Divorce Questions

  • 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 Can I Get a Separation Agreement? – 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 Equal Rights with 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.

  • Do Grandparents Have Visitation or Custody Rights? – 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.

Find out more about family law matters in Long Island, Nassau County, Queens and Suffolk Counties by contacting The Virdone Law Firm, P.C. today.