The Spodek Law Group is one of the top rated federal law firms. We understand when you’re facing legal issues, you need a law firm you can count on.
Legal issues don’t wait – they strike at a moments notice – that’s why our 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.
We care about one thing only – helping our clients, and getting them results. We have over 40 years of experience as as premier Long Island divorce law firm. We know how difficult divorce and family law cases can be, and are here to support you in every way. Clients consistently turn to us, when they, or a family member, need help – and need an attorney who gets it. We don’t focus on billable hours, we focus on client happiness. We understand the importance of preserving the family, and making sure whatever outcome we reach – is one that makes you and your family happy as well.
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Long Island Divorce Lawyers | 24/7
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. Our long island divorce lawyers 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. We represent clients in Long Island, Nassau County, Suffolk County, and all 5 boroughs of Long Island.
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.
Will I have to go court during my divorce process
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. Hiring a good long island divorce lawyer can help minimize the amount of time you have to spend in court. 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. IF you have a Long Island divorce lawyer on your side, this can be done on your behalf by the Long Island divorce attorney. 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 only if you hire a competent Long Island divorce lawyer who can handle the process for you.
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 knowledgeable nassau 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.
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. This is something a suffolk county divorce lawyer can help draft for you. 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 New York divorce 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. It’s important when drafting a prenup to hire a nassau county divorce lawyer who can walk you through all the factors/variables to consider.
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 suffolk county divorce lawyer 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.
What Are The Grounds For Divorce In New York State?
Deciding To divorce is a difficult, sometimes heart-wrenching choice made by married couples after one (or both) spouses engaged in actions that drove them apart. Though some couples might opt to separate for a variety of issues, a court of law will typically only grant a divorce on legal reasons or grounds if specific criteria are met. The following short piece examines the acceptable grounds for divorce as established by the New York State court system.
New York law requires that any would-be separating spouses filing for divorce must have resided in the state for a period ranging between one and two years and can prove any one of the following seven acceptable grounds:
One spouse may seek to divorce the other on this ground if the spouse in question, without provocation, exits the spousal home and fails to return for a duration lasting at least one year.
Should one spouse prove that the other engaged in sexual relations with another individual during the marriage, the ground of adultery has been met. However, adultery is not proven merely through suspicions, accusations or innuendo. A court will require that the accuser offer irrefutable evidence (such as DNA or catching the accused on tape) clearly illustrating that adultery has been committed.
If a spouse can prove (again through irrefutable evidence) that he or she has been physically or mentally abused and that remaining married to or continuing to live with the accused individual could potentially place them in danger, divorce can be sought.
Divorce After Legal Separation
To qualify for this ground, both spouses enter into a legal agreement granting each party a separation in which they will be required to live in different residences for a year. After the year expires, both spouses are legally free to divorce should they so desire.
Divorce After Separation Judgment
The State Supreme Court grants a married couple separation for one year in which each party is mandated to live in separate residences. At the end of the year, each party is at liberty to divorce should they choose.
Should one spouse be incarcerated for a period of at least three consecutive years after the couple married, the other is granted the legal right to seek a divorce. The non-incarcerated spouse may also use this ground for an additional five years following the jailed spouse’s release.
Under these circumstances, both spouses have recognized that remaining married is no longer feasible. Assuming each side has entered into agreement regarding how critical issues such as the division of assets, maintenance, child custody and child support have been amicably determined, a court may award what is referred to as a “no-fault” divorce to said parties.
Mr. Spodek decided early on in his life to focus his education and experience on trial work. Todd Spodek attended Northeastern University in Boston, MA and majored in criminal justice. This background provided an indispensable tool in the representation of criminal defendants in grand jury investigations, pre-trial hearings, trial, appeals and navigating the corrections process.…
Thank you for helping me with my prenup. You guys did the impossible! Helping me draft it, and negotiate it, in record speed.