Long Island Divorce Attorneys
Work with a top rated group of divorce lawyers who are passionate about helping you get the assistance you need. We protect your rights, and protect you financially – while preserving your family and it’s integrity.
Legal issues don’t wait – they strike at a moments notice – that’s why our Long Island divorce attorneys are available 24/7 to help you. Regardless of when you call, one of our attorneys is available to help answer your legal issues, and offer a risk free consultation. Once you sign up with us, you have constant access to your assigned attorney for any legal issues you might have. We’re 100% dedicated to you – and your right to get legal help. Give us a call today, for a risk free consultation.
The Spodek Law Group cares about one thing only: our clients satisfaction and the results we get for them. With over 40 years of legal experience, the Spodek Law Groups knows how to win cases, and how to get families the outcome they need. Clients consistently refer us to their friends and family members – because of this. Our goal isn’t to increase our billable hours – our goal is to ensure your families happiness. We understand that protecting you, means more than just getting an agreement signed – it means protecting your rights, and protecting you financially. Our #1 goal is to help ensure your spouse doesn’t take advantage of you, or bully you – whether it be financially, or by using your kids against you. We structure fair custody agreements, and understand how to divide assets in a fair way.
Long Island Divorce Lawyers
We're trusted, well known, and one of the oldest law firms in New York. Here are some reasons why you should choose us, and why client's love us. Many of our clients refer us to their friends, and family members.
We Find Hidden Assets
We'll find the assets your spouse is hiding and get you a fair deal. We are aggressive and unyielding.
Caring and Professional
We are a service oriented law firm. We focus on providing realistic expectations, and tangible results for each and every client.
Flexible Payment Plans
We're one of the few law firms to offer flexible payment plans. We make it easy to hire our divorce attorneys.
Top Rated Attorney
Founding partner Todd Spodek is widely acclaimed as a reputable attorney, interviewed on major outlets and major lawyer ranking services.
We are here 24/7, and can meet you in person, or over the phone for a risk free consultation. Once you sign up, we are ALWAYS available to chat.
We're a results oriented firm. Ask us about your case, and we'll tell you what to expect and what you can expect based on our experience.
Long Island Divorce Lawyers - Over 40 Years Experience
PURSUING YOUR BEST INTERESTS
Our law firm understands your future is at risk. We get it. You need an experienced divorce lawyer in Long Island who understands matrimonial and family law. At the Spodek Law Group, we understand the situation you’re dealing with is difficult, and we try to create the best possible outcome for you and your loved ones. We help you resolve division of property issues, and child custody issues diligently, and with respect. We have the knowledge, and experience, to take a case to it’s conclusion if that’s what’s necessary. Divorce Lawyers, like Todd Spodek, represent clients in Long Island, Nassau County, Suffolk County, and all 5 boroughs of Long Island.
Is divorce mediation helpful
If you’re in the process of getting divorced, you’ll likely have the opportunity to participate in mediation. You might wonder if mediation is going to be helpful in your case. You might think that if your divorce is hostile or the other side is being stubborn, there’s no way that you’re going to reach any kind of settlement.
The truth is that the vast majority of divorce cases settle before trial. A large number of them settle during mediation proceedings. In fact, mediation can be a very helpful tool for resolving a divorce.
There are a number of reasons that mediation tends to be helpful in divorce cases. First, mediation gives the parties the chance to discuss many issues at once. Trying to resolve a case with phone calls back and forth over a long period of time doesn’t give the parties the opportunity to throw out a large number of ideas at once. When you work on a case during mediation, you can suggest a resolution, and the other side can respond right away. With this back and forth, you can often accomplish many weeks or months of work in one day or afternoon.
Mediation is also helpful because the parties have a chance to consider more creative solutions than they might receive in court. In mediation, the parties can be as creative as they want to about custody and parenting time provisions and division of assets. If you’re concerned about where a child attends day care or you’re really concerned about the children being able to attend your family’s annual reunion, these are things that you can discuss in mediation.
You’re not likely to take your case to trial and have a judge order that the children must attend your annual family reunion. When you go to court, you get a custody order, and the chips fall where they may. However, in mediation, you’re able to get creative.
Mediation is helpful because it lets you focus on what’s most important to you. You might not care about the family china, but you might be very concerned about keeping your jewelry. You may want the marital home and be less concerned about keeping the 401k account. Mediation allows you to prioritize.
At trial, the court makes an equitable division of the assets. The court must concern themselves with what’s fair. While they might consider what’s practical, they’re not concerned with your preferences. Mediation can be very helpful because you can work to keep the things that matter the most to you. Ultimately, this can leave you with greater satisfaction from your divorce case than you might receive if you take your case to trial.
When parties prepare for mediation, their attorneys can help them form realistic expectations. When the parties know the strengths and weaknesses of their case and what the court is likely to do if the case goes to trial, mediation can be helpful to resolve the case. You may be surprised to find that mediation can resolve even tough cases.
Contact a Divorce Lawyer Today
Long Island divorce attorney Todd Spodek has experience handling prenups, separation agreements, annulments, divorces (contested and uncontested), in addition to child support, custody cases, orders of protection, and more. We make every effort possible to handle cases before starting a lawsuit. If we find there’s no amicable resolution possible, we take your case to it’s conclusion. It’s critical that you call a knowledgable Nassau County Divorce lawyer before starting any family legal issue in New York. Your families future relies on your ability to get results, and the capability of your attorney. When you work with our firm, you can rest knowing you have some of the top nassau county divorce attorneys on your side.
Is a prenup necessary?
Getting married is considered a romantic way to commit to a partner, but it’s actually a legal agreement. You’re entering a contract with the person for a lifetime. In essence, you share everything. You may want some protection, however, if the marriage fails for any reason. A prenuptial agreement or prenup is a legal document that specifies who has the right to certain assets during a divorce. If you’re wondering if you need a prenup, take a look at the reasons why it tends to be a good idea.
Protect Your Current Assets
You may be 20 or 30 years old when you get married for the first time. The planning and experience is exciting. Both partners have some assets, however, that they’re bringing into the marriage. Choose a prenup if you have any assets at this point. Stock options, savings accounts and inheritances might be up for grabs in the future if divorce occurs. If your spouse takes on debt, using a hard money loan, this can be an issue too. A prenup that protects your initial assets allows you to walk away from the marriage without losing those items.
Consider Future Achievements
Aside from defining custody and financial support in the prenup, almost any other topic can be visited. If you’re working on an invention or grand idea, be sure to add this subject to the prenup. A married person who strikes it big as an entrepreneur may not want to share those future assets with their partner if a divorce comes up. The prenup can specify that any achievements are the individual’s assets. The partner doesn’t have any claim to them. Consult with a lawyer to be sure about the wording in this part of the document.
Defines Personal Property
Some couples get married late in life. They both have certain assets that were earned before the ceremony. These couples might live happily for several decades as married people. However, a divorce occurs after those many years. A prenup defines personal property over the years that may be forgotten. An argument about an item’s original owner can be quickly fixed with a scan of the prenup. As a result, the prenup makes divorce easier when it comes to dividing out the assets. Any items not defined under the prenup become community property between the partners.
Supports a Party in a Second Marriage
Certain partners meet and marry in their 50s or 60s. In many cases, the marriage is a second one for both. A prenup before the second ceremony is a good idea because it protects personal assets that might be earmarked for grown children or grandchildren. If divorce looms, each benefactor of those partners is protected from losing any inheritances in the future. Consider these prenups as family protection instead of an agreement between two people.
Working with a legal professional in order to draw up the prenup is the best-case scenario. These professionals know where you should be careful about some assets while leaving others as shared property. With a knowledgeable professional by your side, a prenup can be written up, signed and stored away for future use if necessary.
Clients Love Our Long Island Divorce Lawyers
Very diligent, organized associates; got my case dismissed. Hard working divorce attorneys who can put up with your anxiousness. Definitely A law group that lays out all possible options and best alternative routes. Recommended for sure..
ROBIN, ACCIDENT CLIENT
I am so happy to have made the right choice half a year ago when I was looking for legal representation. The experience with Spodek was gratifying since my first phone call. Unlike the hasty answerers of other law firms, Alex was patient and encouraging, and I could literally feel the warmth and attentiveness even on the phone..
ANNA, DIVORCE CLIENT
I couldn't have asked for a better law group to handle my issue. I was informed by several lawyers that my case would be extremely difficult and may not be able to be resolved Spodek law group not only found a way to resolve my issue but it happened fairly quickly and without added stress..
JACK, ROBBERY CLIENT
Todd Spodek - Founding Partner, Award Winning Lawyer
Todd Spodek is a second generation divorce lawyer. At the Spodek Law Group, he’s the managing partner and is dedicated to helping families. His goal is to help every single client, and he treats them like family members. He leverages the law to help clients get the outcome they need for them, and their family. If you’re facing an issue, speak to Todd Spodek or one of the attorneys at our firm. He’s respected by judges, attorneys, and clients alike.
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Payment PlansWe offer payment plans, unlike other law firms, in order to make it so you can afford our services.
Of ExperienceWe have over 40 years of experience handling divorce cases successfully. Trust us.
Seen on TV
Celebrity Divorce LawyerTodd Spodek is regularly interviewed by the media, and seen on TV. He's a celebrity attorney because of his experience.
We Treat Each Client Like Family
Frequently Asked Questions
Divorce is never an easy time, especially for couples that have been married for such a long time. Once the divorce proceedings start and you are sure that there is no turning back for you and your partner, the next phase would be for the two of you to decide who gets what from your marriage. When it comes to splitting your marital assets, the 401(k) is regarded to be one of the most complicated assets that a divorcing couple has to split. Lucky for parties divorcing, the law has set the legal process that must be followed when spitting a 401(k) in a divorce.
The Legal Process of Splitting a 401(k)
In law, the splitting of a 401(k) follows three key steps:
i. The divorce decree obtained from the court must order the splitting of the 401(k)
ii. Your attorney must then draw up the Qualified Domestic Relations Order (QDRO), a legal document instructing the administrator of your 401(k) to split it in strict compliance with the Employee Retirement Income Security Act (ERISA). Both the administrator of the 401(k) and the family court judge must approve and sign the QDRO before it takes effect.
iii. Once the QDRO takes effect, your spouse will be assigned a new status as an “alternate payee”, meaning that he or she can also receive payment from the 401 (k).
What follows next?
Distribution is what follows next. The alternate payee can collect the portion of the 401(k) in any three options. The alternate payee must detail the method he or she intends to receive the portion due to him or her in the QDRO. As an alternate payee, you can choose any of the following three options:
i. You can roll over your benefits to your own retirement plan or,
ii. Leave your share in the current plan and receive payment when the other party retires or,
iii. Receive the money in cash.
When can the alternate payee take his or her portion of the 401(k)?
According to the regulations set by the Internal Revenue Service (IRS), if you are the alternate payee, you can only take your 401(k) in cash at the time when your plan administrator approves the duly filled QDRO. If you delay and choose to withdraw the money beyond this legally permitted window, you will be subjected to a 10% penalty for early withdrawal. After the withdrawal, the IRS will treat the lump sum received as part of your regular income and it will be subjected to normal income taxation.
Point of caution:
Delays in preparing and filing the QDRO can complicate the whole process. If you are the one receiving the benefits, you should urge your attorney to prepare and file the QDRO at the soonest opportunity possible. Again, you need to remember that the timing for the QDRO is very critical. Unnecessary delays should be avoided as far as possible. Once you have filed the QDRO with the plan administrator ask your attorney to follow it up to ensure that it does not take too long to be approved and implemented.
Many people today are concerned about the impact that a divorce will have on their time and availability, and quite frankly, most people would prefer staying out of court if possible. In contemplation of filing for divorce, a frequently asked question, is whether or not you will have to go to court during your divorce process.
It is possible to avoid having to go to court during your divorce process, but that is based on the direction your case takes after you have filed your initial petition for divorce. Some of the common directions that a case can take to avoid going to court is to proceed by filing a default divorce or to proceed uncontested. Here, we will examine areas of the divorce process, that will help you determine whether or not you will need to go to court for your divorce case.
Filing court documents
In order to initiate the divorce process you, your attorney, court courier, friend or family member must first file the summons and petition at the Family Law courthouse in order to start the divorce process. Depending on how the rest of your case goes, this may be the only time you step into a courthouse for your divorce case, or you may be able to avoid the courthouse all-together, if your jurisdiction allows e-filing.
A contested case involves parties that do not agree on various aspects of their divorce. A contested case often consists of conducting discovery, filing motions, and appearing at hearings or trials, much of which will require your personal appearance.
An uncontested case involves divorcing spouses that are able to reach agreements among themselves, through their attorneys or through mediation. Uncontested cases usually involve the informal process of providing relevant information and documents to the other spouse, rather than engaging in formal discovery demands, which negates the need to seek the courts involvement. Most cases that proceed uncontested are resolved by agreement, which means that the final divorce decree or judgement/marital settlement agreement is drafted by the parties or their attorney’s of record, signed by the parties and submitted to the judge for his or her signature and court filing. This process generally avoids the need to ever go to court during your divorce process.
A default divorce can be initiated if the other spouse has been given legal notice of the divorce proceedings and has chosen to ignore or not respond to the divorce petition. In this situation, a party can file the default and associated paperwork, and if granted you will not have to go to court during your divorce process.
In conclusion, it is possible for you to avoid court appearances during your divorce process, but that is determined in large part to the direction that your case takes after you file for divorce.