Matrimonial and Family Law in Nassau County

A large portion of Moran, Brodrick & Elliot’s matrimonial law practice focuses on divorce and divorce-related issues.  We help our clients formulate a legal plan for their divorce that best suits their long-term goals for property division, child custody, and support arrangements.

Divorce in New York State

Unlike states that permits divorces on a no-fault basis, New York law currently mandates that couples seeking a legal dissolution of their marriage to demonstrate grounds for divorce:

• Cruel and inhuman treatment
• Abandonment for 1+ years
• Imprisonment for 3+ years
• Adultery
• Adherence to a written separation agreement or decree of separation for 1+ years

In certain instances, the grounds in a divorce proceeding may be contested.  Our firm represents clients during contested divorce proceedings as well as offers legal counsel for uncontested and collaborative divorces.

Child custody & visitation

Divorcing couples with minor children, as well as unmarried couples who are no longer residing together, often are required to resolve issues regarding legal and physical custody of their children and visitation.  Child custody and visitation arrangements set the parameters for the manner in which the parties will interact in their post-separation lives.

There are many options available to suit the needs of your family, including:

• Sole legal custody with visitation to the non-custodial party
• Joint legal custody with parenting time to the non-custodial parent
• Shared physical custody

Our firm encourages clients to work with the other party to achieve an arrangement which is in the best interests of the children.  In the event that the parties are unable to reach an agreement regarding custody issues, then it may become necessary to resolve these issues through contested litigation, in which the court will be called upon to determine what arrangement is in the best interests of the children.  Our firm has extensive experience in custody litigation and takes the steps which are necessary to ensure that our clients’ rights are protected.

Child support & maintenance

New York State child support obligations  are determined pursuant to a statute  , commonly know at the Child Support Standards Act (“CSSA”). Under the CSSA both parents have a legal responsibility to provide for the financial support of their children.   The parties respective support obligations are often determined pursuant to certain percentage guidelines set forth in the CSSA, but may also be based on other factors set forth in the statute. We focus on protecting our clients’ financial interests during child support proceedings.

Spousal support or maintenance obligations  are often more complicated to resolve than child support issues because of the absence of clear statutory guidelines in the  law.  A variety of factors may be taken into consideration in determining claims for maintenance or spousal support including:

• The needs of the dependent spouse
• The Pre-separation standard of living of the parties
• Length of marriage
• The need to care for minor children
• Contribution to the career or education of the other spouse
• Vocation skills of the dependent spouse
• The resources of the monied spouse
• Age and health of each party

Our firm will represent you by presenting a thorough and accurate portrayal of your financial situation and support needs to the court.  We argue for fair and efficient resolutions that honor our clients’ legal rights and financial well-being.

Prenuptial & postnuptial agreements

A prenuptial agreement   is a contract entered into prior to marriage which provides for the manner in which a couple’s property will be divided in the event of divorce or separation.  Prenuptial agreements may also address various other issues, including those pertaining to spousal support and maintenance. A postnuptial agreement functions much like a prenuptial agreement with  the biggest difference being that  a postnuptial agreement can be drafted and signed after the marriage has occurred.

Contact our firm to obtain more information about prenuptial and postnuptial agreements.

Separation Agreement

In New York State, a legal separation is most commonly achieved by the parties entering into an out-of-court settlement, known as a Separation Agreement.  A Separation Agreement generally addresses all issues pertaining to the division of assets, maintenance, child support and custody and visitation.  In the event the parties live separate and apart in substantial compliance with the terms of a Separation Agreement for a period of one or more years, this may form the basis for what is commonly referred to as a conversion divorce.  Our firm has experience in all aspects of negotiating and drafting of Separation Agreement and will assist you in achieving a settlement which protects all of your legal interests.

Marital property division/equitable distribution

The division of property in New York State is governed by the law of equitable distribution. Equitable distribution of property in any given matrimonial action may involve a myriad of complex issues including:

• The classification of property as marital or separate
• The evaluation of specific assets, including real estate, pensions, businesses and professional licenses
• The appropriate distribution of assets based on the contributions of the parties

Moran, Brodrick & Elliot has successfully handled numerous matrimonial cases involving complex equitable distribution issues.  We are well versed in this area of law and will utilize our expertise to represent your interests competently and efficiently either through a negotiated settlement or contested litigation.

Call 516-741-3060 for help with family law in Nassau County.