Long Island Divorce Lawyer

Frequently Asked Questions: Divorce and Family Law

Most people agree that going through a divorce agree that it is one of the most difficult and stressful times of their life. There are many issues that can arise along the way and it can be confusing to know where to turn. However, with a Long Island divorce attorney on your side, you could have a knowledgeable advocate fighting for you and answering any questions that arise.

What is the difference between contested and uncontested divorce?
Uncontested divorce occurs when the former couple is able to agree to a divorce settlement without having to take the case to court. On the other hand, a contested divorce will have to go to court where a judge will settle the disagreements.

What are the grounds required to file for divorce in New York?
Before 2010, grounds for divorce had to be based on one of six reasons: adultery, cruel and inhuman treatment, abandonment, imprisonment, separation for one year, or living apart for one year as a judgment of separation. However, in October of 2010, New York state legislation declared that a no-fault divorce can be enacted if the marriage has been irrevocably broken for over six months.

How is child custody determined?
As each family and divorce case is unique, there is no set formula as to who will gain custody of the children. The court will determine custody based on what is in the best interests of the children. However, as this is an important issue to both parents, a Long Island divorce attorney from our firm could examine your case and fight for your rights and your children's best interests.

What exactly is equitable distribution?
When a couple files for divorce, their property and assets will have to be divided between them. Equitable distribution does not necessarily mean all of your property will be divided fifty-fifty. It will depend on if it is marital property or separate property. Marital property is all jointly held assets while separate property is inheritances, gifts, etc.

Should I sign a prenuptial or postnuptial agreement?
Prenuptial agreements and postnuptial agreements are both beneficial in that they both bring clarity and transparency into relationships. If the marriage should end either by divorce or one of the spouses passing away, there is already a plan in place regarding children and property.

How could a Long Island divorce attorney help you?

The Kepanis Law Firm is known for its high-quality and professional service. We are dedicated to aggressively fighting for your rights while also providing you with compassionate care. We understand that this is an extremely difficult time of your life and we will be here to walk with you through this stressful process.

For more information or to have a member of our team review your case, please contact a Long Island divorce attorney from our firm today.