Answers From A Long Island Family Lawyer

At Hedayati Law Group P.C., our team of Long Island divorce lawyers tackles a wide range of family law matters. We have created a list of some of the most commonly asked questions brought to our firm and added the answers below for your convenience. We are here to give you the high-caliber legal services you need to feel more at ease regarding the outcome of your case.

Are cohabitation agreements legally binding in New York?

If properly drafted and signed, a cohabitation agreement is enforceable under New York contract law and can outline each partner’s rights and responsibilities regarding finances, property, and more.

Are debts also divided during equitable distribution?

Debts acquired during the marriage, including credit cards, loans, and mortgages, are typically classified as marital debts and may be divided between spouses. The court may consider who incurred the debt and for what purpose before assigning responsibility.

Are prenuptial agreements recognized in same-sex divorces in New York?

Yes, in many cases. New York courts can enforce a prenuptial agreement in a same-sex divorce, similar to how courts treat agreements in other divorces. Enforceability depends on factors such as how the agreement was signed, whether both spouses entered it voluntarily, and whether it meets New York’s legal requirements.

Are prenuptial agreements recognized in same-sex divorces in New York?

Prenuptial agreements are recognized and enforceable in same-sex divorces, just as they are in opposite-sex divorces. These agreements can help define the division of assets and spousal support arrangements, provided they meet legal standards and were entered into voluntarily by both parties.

Are there unique considerations for same-sex divorce in New York?

Same-sex divorces can involve unique considerations, such as:

Can a custodial parent relocate without the other parent’s consent in New York?

In many situations, a parent needs either agreement from the other parent or a court order when the move would affect the existing custody arrangement or visitation arrangements in a meaningful way.

Can a divorce settlement be changed after it’s finalized?

Certain terms may be changed after finalization, but it depends on the issue and the language in the divorce judgment or settlement agreement. Custody, parenting time, child support, and some support terms may be modified if New York law allows it. For child support, a party may seek modification after a substantial change in circumstances, after three years have passed since the order was entered or last modified, or after a change of fifteen percent or more in either party’s gross income, unless the parties specifically opted out of certain modification grounds in a validly executed agreement. A court must approve changes to a court order, and custody or parenting-time changes must reflect the best interests of the child.

Can a father pursue parental rights if he is not listed on the birth certificate?

A father who is not on the birth certificate may still assert his rights by petitioning the court to establish paternity. Once confirmed, he may seek legal or physical custody, visitation, and other rights recognized by family court in New York.

Can a non-custodial parent be granted visitation even with a difficult custody history?

In some cases, New York courts support the child maintaining a relationship with both parents. A non-custodial parent may still be granted visitation rights unless the court finds substantial evidence that contact would place the child at risk. When concerns like domestic violence, substance abuse, or mental health issues are present, supervised or therapeutically supervised visitation may be ordered to support the child’s well-being.

Can a non-parent pursue custody in New York?

A non-parent, such as a grandparent or another family member, may ask the court for custody if they have an important role in the child’s life. When the custody dispute is between a parent and a non-parent, the court first considers whether extraordinary circumstances exist. If the court finds extraordinary circumstances, it then reviews the child’s care history, family relationships, stability, and what arrangement supports the child’s best interests.

Can a parent deny visitation if the other parent is not paying child support?

New York law treats visitation and child support as two separate matters. A parent cannot deny court-ordered visitation because the other parent is behind on payments. If child support is not being paid, legal remedies are available through the court or child support enforcement, but interfering with visitation can lead to legal consequences for the custodial parent.

Can a prenuptial agreement be challenged in a complex divorce in Garden City, New York?

A prenuptial agreement can be challenged in a complex divorce. Courts may scrutinize these contracts if there’s evidence of fraud, coercion, or unfair terms. However, well-drafted prenups that meet legal requirements are generally upheld. Consulting a skilled divorce attorney helps address such challenges.

Can a prenuptial agreement be challenged in a complex divorce in New York?

A prenuptial agreement can be challenged in a complex divorce. Courts may scrutinize these contracts if there’s evidence of fraud, coercion, or unfair terms. However, well-drafted prenups that meet legal requirements are generally upheld. Consulting a skilled divorce attorney is crucial for navigating such challenges effectively.

Can a prenuptial agreement control how property is divided?

Prenuptial agreements often shape property division and spousal support discussions. New York law sets formal requirements for marital agreements to be enforceable in a matrimonial action. A review of the agreement and signing circumstances can clarify how it may apply.

Can certain financial decisions negatively impact my divorce case?

Financial choices play a major role in the divorce process. Actions such as hiding assets, transferring marital property, destroying documents, or making large purchases without transparency may signal to the court that you are not acting in good faith. Falling behind on child support or spousal support obligations may strain communication with the other parent and may draw court attention. Staying current with financial responsibilities and being honest about bank accounts, retirement accounts, and debts may support a smoother case.

Can grandparents seek child custody in Garden City, New York?

In certain situations, a grandparent may pursue custody of a grandchild, but the court often applies a higher legal standard than it would in a custody dispute between parents. Judges typically look for facts that justify the court considering custody to a non-parent, and then evaluate whether the request serves the child’s best interests. Because these cases can involve detailed evidence about the child’s routine, safety, and stability, many families speak with a grandparents’ rights attorney at Hedayati Law Group, P.C. before filing.

Can grandparents’ rights be terminated in New York?

Grandparents’ rights can be terminated in New York if the court determines that it is no longer in the best interests of the children to maintain a relationship with their grandparents. This can happen if, for example, the child’s parents regain custody and do not want the grandparents involved or if there is evidence of abuse or neglect by the grandparents.

Can I be held responsible for credit card debt that’s only in my spouse’s name?

In some cases, you may be responsible even if the credit card is not in your name. If the charges made on that card supported shared living expenses, such as groceries, rent, or children’s needs, the court may consider it a marital debt, especially if it benefited both spouses. That said, if the debt was used solely for one spouse’s personal spending unrelated to the household, it may remain that spouse’s responsibility. A debt division attorney can evaluate the purpose of the debt and how the court might classify it under New York’s equitable distribution laws.

Can I enforce a visitation order if the other parent keeps ignoring it?

Visitation orders are enforceable in New York. If the other parent repeatedly denies court-ordered parenting time, you may ask Family Court to enforce the order. Depending on the facts, the court may clarify the schedule, order make-up parenting time, modify visitation terms, or consider other remedies.

Can I file a visitation petition if we were never married?

In many situations, yes. Parenting issues like custody and visitation can apply regardless of marital status. NY Courts publishes custody and visitation petition forms used in Family Court.

Can I modify an equitable distribution agreement after it has been finalized?

In some cases, an equitable distribution agreement can be modified post-divorce if there has been a significant change in circumstances or if one party did not fully disclose all assets during the initial process. It’s wise to consult an experienced family law attorney to determine if your situation warrants a modification.

Can I modify my divorce agreement after a divorce is finalized?

The courts allow modification of certain divorce agreements. Child custody, child support, and spousal support orders can be modified if you can demonstrate that you experienced a substantial change in your circumstances making it difficult to meet the terms of your original agreement.

Can I petition for grandparents’ rights if my grandchildren’s parents are still married?

Grandparents can petition for visitation or custody even if their grandchild’s parents are still married. However, there may be additional legal hurdles to overcome, as the court will generally prioritize the rights of fit and available biological parents.

Can New York enforce an order if the other parent moved to a different state?

Child support obligations do not disappear simply because a parent relocates. Interstate cases fall under the Uniform Interstate Family Support Act (UIFSA), which allows New York to coordinate with agencies in another state to pursue enforcement. This may involve forwarding income information, initiating wage deductions, or requesting assistance from the child support office where the non-paying parent now resides. Although interstate cases sometimes move more slowly, there are structured procedures designed to keep the support order active and enforceable, regardless of where the other parent lives.

Can our prenuptial agreement address inheritance rights or children from earlier relationships?

A prenuptial agreement may include terms related to future inheritance and property interests for children from previous marriages. Couples can outline how certain assets would be handled if one partner passes away or if the marriage ends. This may provide reassurance for partners who want to protect family property, support children from earlier relationships, or keep inherited items separate from marital property. These discussions may also help reduce conflict later by creating clear expectations.

Can parental alienation affect custody arrangements?

Courts may consider parental alienation when evaluating or modifying custody arrangements. If one parent’s actions are proven to interfere with the child’s well-being or the other parent’s custodial rights, the court may take legal steps to protect the parent-child relationship.

Can parental rights be terminated in New York?

Parental rights may be terminated under specific circumstances, such as abandonment, unfitness, or serious neglect. In some cases, this step involves a legal proceeding and may be associated with adoption or child protection matters. Courts treat termination seriously and only approve it when it aligns with the child’s well-being.

Can paternity be established after the child is born?

Even if paternity wasn’t acknowledged at birth, it can still be established later through the New York Family Court system. Parents may file a petition to determine paternity and may be required to undergo genetic testing. Once confirmed, the court can issue orders regarding custody, visitation, or support based on the best interests of the child.

Can separate property become marital property during a marriage?

If separate property is commingled with marital assets, such as placing inheritance funds into a joint account or using shared income to improve premarital property, it may lose its separate status and become subject to division.

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Frequently Asked Questions

Straight answers to the questions New York families ask most. Browse by topic or search — and reach out any time for a free consultation.

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Family LawAnswers From A Long Island Family LawyerAt Hedayati Law Group P.C., our team of Long Island divorce lawyers tackles a wide range of family law matters. We have created a list of some of the most commonly asked questions brought to our firm and added the answers below for your convenience. We are here to give you the high-caliber legal services you need to feel more at ease regarding the outcome of your case.Read answer
AgreementsAre cohabitation agreements legally binding in New York?If properly drafted and signed, a cohabitation agreement is enforceable under New York contract law and can outline each partner’s rights and responsibilities regarding finances, property, and more.Read answer
Property DivisionAre debts also divided during equitable distribution?Debts acquired during the marriage, including credit cards, loans, and mortgages, are typically classified as marital debts and may be divided between spouses. The court may consider who incurred the debt and for what purpose before assigning responsibility.Read answer
AgreementsAre prenuptial agreements recognized in same-sex divorces in New York?Yes, in many cases. New York courts can enforce a prenuptial agreement in a same-sex divorce, similar to how courts treat agreements in other divorces. Enforceability depends on factors such as how the agreement was signed, whether both spouses entered it voluntarily, and whether it meets New York’s legal requirements.Read answer
AgreementsAre prenuptial agreements recognized in same-sex divorces in New York?Prenuptial agreements are recognized and enforceable in same-sex divorces, just as they are in opposite-sex divorces. These agreements can help define the division of assets and spousal support arrangements, provided they meet legal standards and were entered into voluntarily by both parties.Read answer
DivorceAre there unique considerations for same-sex divorce in New York?Same-sex divorces can involve unique considerations, such as:Read answer
Family LawCan a custodial parent relocate without the other parent’s consent in New York?In many situations, a parent needs either agreement from the other parent or a court order when the move would affect the existing custody arrangement or visitation arrangements in a meaningful way.Read answer
DivorceCan a divorce settlement be changed after it’s finalized?Certain terms may be changed after finalization, but it depends on the issue and the language in the divorce judgment or settlement agreement. Custody, parenting time, child support, and some support terms may be modified if New York law allows it. For child support, a party may seek modification after a substantial change in circumstances, after three years have passed since the order was entered or last modified, or after a change of fifteen percent or more in either party’s gross income, unless the parties specifically opted out of certain modification grounds in a validly executed agreement. A court must approve changes to a court order, and custody or parenting-time changes must reflect the best interests of the child.Read answer
Family LawCan a father pursue parental rights if he is not listed on the birth certificate?A father who is not on the birth certificate may still assert his rights by petitioning the court to establish paternity. Once confirmed, he may seek legal or physical custody, visitation, and other rights recognized by family court in New York.Read answer
Child CustodyCan a non-custodial parent be granted visitation even with a difficult custody history?In some cases, New York courts support the child maintaining a relationship with both parents. A non-custodial parent may still be granted visitation rights unless the court finds substantial evidence that contact would place the child at risk. When concerns like domestic violence, substance abuse, or mental health issues are present, supervised or therapeutically supervised visitation may be ordered to support the child’s well-being.Read answer
Child CustodyCan a non-parent pursue custody in New York?A non-parent, such as a grandparent or another family member, may ask the court for custody if they have an important role in the child’s life. When the custody dispute is between a parent and a non-parent, the court first considers whether extraordinary circumstances exist. If the court finds extraordinary circumstances, it then reviews the child’s care history, family relationships, stability, and what arrangement supports the child’s best interests.Read answer
Child CustodyCan a parent deny visitation if the other parent is not paying child support?New York law treats visitation and child support as two separate matters. A parent cannot deny court-ordered visitation because the other parent is behind on payments. If child support is not being paid, legal remedies are available through the court or child support enforcement, but interfering with visitation can lead to legal consequences for the custodial parent.Read answer
AgreementsCan a prenuptial agreement be challenged in a complex divorce in Garden City, New York?A prenuptial agreement can be challenged in a complex divorce. Courts may scrutinize these contracts if there’s evidence of fraud, coercion, or unfair terms. However, well-drafted prenups that meet legal requirements are generally upheld. Consulting a skilled divorce attorney helps address such challenges.Read answer
AgreementsCan a prenuptial agreement be challenged in a complex divorce in New York?A prenuptial agreement can be challenged in a complex divorce. Courts may scrutinize these contracts if there’s evidence of fraud, coercion, or unfair terms. However, well-drafted prenups that meet legal requirements are generally upheld. Consulting a skilled divorce attorney is crucial for navigating such challenges effectively.Read answer
Property DivisionCan a prenuptial agreement control how property is divided?Prenuptial agreements often shape property division and spousal support discussions. New York law sets formal requirements for marital agreements to be enforceable in a matrimonial action. A review of the agreement and signing circumstances can clarify how it may apply.Read answer
DivorceCan certain financial decisions negatively impact my divorce case?Financial choices play a major role in the divorce process. Actions such as hiding assets, transferring marital property, destroying documents, or making large purchases without transparency may signal to the court that you are not acting in good faith. Falling behind on child support or spousal support obligations may strain communication with the other parent and may draw court attention. Staying current with financial responsibilities and being honest about bank accounts, retirement accounts, and debts may support a smoother case.Read answer
Child CustodyCan grandparents seek child custody in Garden City, New York?In certain situations, a grandparent may pursue custody of a grandchild, but the court often applies a higher legal standard than it would in a custody dispute between parents. Judges typically look for facts that justify the court considering custody to a non-parent, and then evaluate whether the request serves the child’s best interests. Because these cases can involve detailed evidence about the child’s routine, safety, and stability, many families speak with a grandparents’ rights attorney at Hedayati Law Group, P.C. before filing.Read answer
Family LawCan grandparents’ rights be terminated in New York?Grandparents’ rights can be terminated in New York if the court determines that it is no longer in the best interests of the children to maintain a relationship with their grandparents. This can happen if, for example, the child’s parents regain custody and do not want the grandparents involved or if there is evidence of abuse or neglect by the grandparents.Read answer
Property DivisionCan I be held responsible for credit card debt that’s only in my spouse’s name?In some cases, you may be responsible even if the credit card is not in your name. If the charges made on that card supported shared living expenses, such as groceries, rent, or children’s needs, the court may consider it a marital debt, especially if it benefited both spouses. That said, if the debt was used solely for one spouse’s personal spending unrelated to the household, it may remain that spouse’s responsibility. A debt division attorney can evaluate the purpose of the debt and how the court might classify it under New York’s equitable distribution laws.Read answer
Child CustodyCan I enforce a visitation order if the other parent keeps ignoring it?Visitation orders are enforceable in New York. If the other parent repeatedly denies court-ordered parenting time, you may ask Family Court to enforce the order. Depending on the facts, the court may clarify the schedule, order make-up parenting time, modify visitation terms, or consider other remedies.Read answer
Child CustodyCan I file a visitation petition if we were never married?In many situations, yes. Parenting issues like custody and visitation can apply regardless of marital status. NY Courts publishes custody and visitation petition forms used in Family Court.Read answer
Property DivisionCan I modify an equitable distribution agreement after it has been finalized?In some cases, an equitable distribution agreement can be modified post-divorce if there has been a significant change in circumstances or if one party did not fully disclose all assets during the initial process. It’s wise to consult an experienced family law attorney to determine if your situation warrants a modification.Read answer
DivorceCan I modify my divorce agreement after a divorce is finalized?The courts allow modification of certain divorce agreements. Child custody, child support, and spousal support orders can be modified if you can demonstrate that you experienced a substantial change in your circumstances making it difficult to meet the terms of your original agreement.Read answer
Family LawCan I petition for grandparents’ rights if my grandchildren’s parents are still married?Grandparents can petition for visitation or custody even if their grandchild’s parents are still married. However, there may be additional legal hurdles to overcome, as the court will generally prioritize the rights of fit and available biological parents.Read answer
Family LawCan New York enforce an order if the other parent moved to a different state?Child support obligations do not disappear simply because a parent relocates. Interstate cases fall under the Uniform Interstate Family Support Act (UIFSA), which allows New York to coordinate with agencies in another state to pursue enforcement. This may involve forwarding income information, initiating wage deductions, or requesting assistance from the child support office where the non-paying parent now resides. Although interstate cases sometimes move more slowly, there are structured procedures designed to keep the support order active and enforceable, regardless of where the other parent lives.Read answer
AgreementsCan our prenuptial agreement address inheritance rights or children from earlier relationships?A prenuptial agreement may include terms related to future inheritance and property interests for children from previous marriages. Couples can outline how certain assets would be handled if one partner passes away or if the marriage ends. This may provide reassurance for partners who want to protect family property, support children from earlier relationships, or keep inherited items separate from marital property. These discussions may also help reduce conflict later by creating clear expectations.Read answer
Child CustodyCan parental alienation affect custody arrangements?Courts may consider parental alienation when evaluating or modifying custody arrangements. If one parent’s actions are proven to interfere with the child’s well-being or the other parent’s custodial rights, the court may take legal steps to protect the parent-child relationship.Read answer
Family LawCan parental rights be terminated in New York?Parental rights may be terminated under specific circumstances, such as abandonment, unfitness, or serious neglect. In some cases, this step involves a legal proceeding and may be associated with adoption or child protection matters. Courts treat termination seriously and only approve it when it aligns with the child’s well-being.Read answer
GeneralCan paternity be established after the child is born?Even if paternity wasn’t acknowledged at birth, it can still be established later through the New York Family Court system. Parents may file a petition to determine paternity and may be required to undergo genetic testing. Once confirmed, the court can issue orders regarding custody, visitation, or support based on the best interests of the child.Read answer
Property DivisionCan separate property become marital property during a marriage?If separate property is commingled with marital assets, such as placing inheritance funds into a joint account or using shared income to improve premarital property, it may lose its separate status and become subject to division.Read answer
Spousal SupportCan spousal support be awarded in a same-sex divorce in New York?Read answer
Spousal SupportCan spousal support be modified or terminated after it has been awarded in New York?Spousal support can be modified or terminated if there is a significant change in circumstances, such as a change in income, employment status, or health. Support can also be altered if the receiving spouse remarries or cohabitates with a new partner.Read answer
Property DivisionCan the court address asset transfers while the divorce is pending?New York divorce actions commonly include automatic orders that restrict certain transfers or disposal of property while the case is pending, with exceptions for usual business and customary household expenses. These orders can affect how spouses handle accounts and property during the case.Read answer
GeneralCan the court address unpaid add-on expenses like child care, medical bills, or extracurricular costs?New York child support orders often include add-ons beyond the basic obligation, and unpaid contributions toward these items can trigger enforcement action. The court can review receipts, documentation, and past due amounts for expenses such as child care, uncovered medical costs, therapy, tutoring, or after-school programs. If the other parent has ignored these obligations, the family court can order repayment through the same enforcement mechanisms used for base child support, including income execution or tax refund interception.Read answer
GeneralCan the court deny relocation in New York?In New York, the court can deny relocation if it finds that the move is not in the best interest of the child. This can occur if the relocation is primarily to upset the co-parent or if it would negatively impact the child’s well-being, especially when the child has a close relationship with both parents.Read answer
Child SupportCan we include parenting arrangements or child support in a same sex prenuptial agreement?New York does not allow couples to predetermine child custody, visitation, or child support through a prenuptial agreement. Courts must evaluate parenting matters based on the child’s best interests at the time of separation, which may involve changing needs and circumstances. While a prenup may address financial responsibilities between partners, decisions about children must be made by the court if the marriage ends. This protects the child and allows the court to respond to the family’s current situation.Read answer
Property DivisionCan we include shared property or mortgage details in our cohabitation agreement?Your agreement can address how you plan to share mortgage payments, maintain real estate, and divide jointly held property if the relationship ends.Read answer
Child CustodyDo high net worth divorces still involve custody disputes?Yes. Many people in high net worth divorces focus heavily on child custody and parenting time. New York law authorizes courts to issue custody and visitation orders in divorce matters. A clear parenting plan can reduce conflict and support stability.Read answer
DivorceDo high-net-worth divorces require additional financial disclosure?High-net-worth divorces often involve additional documentation because they may include business interests, investment portfolios, complex property valuations or significant retirement accounts. In these cases, financial information may require support from forensic accountants or appraisers who help analyze financial data.Read answer
DivorceDo I file for Divorce in Family Court or Supreme Court in Nassau County?The New York Supreme Court handles divorce cases. Family courts can handle related matters like custody and support, and the Supreme Court can also decide those issues within the divorce case. A divorce attorney at Hedayati Law Group, P.C. can help you choose a strategy that fits your goals and timeline.Read answer
Child CustodyDo I need a family law attorney for a custody case in Nassau County?Some parents reach agreements without litigation, but many custody disputes involve high emotions and tight timelines. A family law attorney at Hedayati Law Group, P.C. can help frame your request, prepare supporting information, and reduce missteps during filings and hearings.Read answer
DivorceDo I need a lawyer to draft a divorce settlement in New York?While some people try to draft a settlement agreement without legal help, working with a divorce settlement lawyer can help you review whether the agreement is legally valid, addresses your financial and parental rights, and accounts for future concerns. Legal guidance can also help reduce the risk of costly disputes and support compliance with court standards.Read answer
Property DivisionDo I need a lawyer to handle equitable distribution in Long Island, New York?While not legally required, working with a divorce attorney who knows both family law and financial matters can provide clarity and support. An attorney can help identify what qualifies as marital or separate property and develop a strategy tailored to your specific circumstances.Read answer
DivorceDo I need an attorney to handle my divorce do’s & dont’s?Representing yourself may feel tempting, but the divorce process involves complex issues such as child custody, child support, property division, court rules, and financial documents. These can feel overwhelming without legal guidance. Working with a family law attorney may help you stay aware of actions that could negatively affect your case and may support you in making decisions that align with your goals.Read answer
AgreementsDo we each need our own attorney to create a cohabitation agreement?It is often recommended that both partners seek independent legal counsel to confirm the agreement reflects their individual interests and would stand up under New York law.Read answer
Property DivisionDoes a postnuptial agreement affect debt division in New York?A valid postnuptial agreement can influence how debt is divided in your divorce. These agreements often outline which debts each spouse is responsible for in the event of a separation, which can limit or clarify the court’s involvement. As long as the agreement was made voluntarily and meets legal standards, including full financial disclosure and fairness, courts generally consider them enforceable. If you and your spouse have a postnuptial agreement, your attorney can review it to confirm how it may impact the classification and division of marital debt.Read answer
AgreementsDoes a same sex prenuptial agreement work the same way as one for heterosexual couples?Same sex couples follow the same rules that apply to all prenuptial agreements in New York. The agreement may outline how marital property, separate property, business interests, debts, and financial expectations would be addressed in the event of divorce. The law treats same sex marriages the same as heterosexual marriages for purposes of property division, which means couples can discuss many of the same topics in their agreement. The difference is that some same sex couples may have additional considerations, such as domestic partnerships, previous marriages, or blended families.Read answer
Child CustodyDoes the court consider the child’s preference when deciding custody?In some cases, the court listens to the child’s preference. The judge evaluates the child’s age, maturity, and ability to express a thoughtful preference. While the child’s wishes can influence the decision, they do not replace the court’s responsibility to choose the custody arrangement that supports the child’s life and safety. The court balances the child’s views with all other factors to reach a final decision.Read answer
DivorceHow are businesses divided during a complex divorce in New York?During complex divorces, businesses are typically divided through a process of valuation and equitable distribution. Courts consider factors such as each spouse’s contributions, the business’s worth, and future earning potential. Negotiations often lead to buyouts, co-ownership arrangements, or the sale and division of proceeds.Read answer
DivorceHow are businesses divided during a complex divorce in New York?During complex divorces, businesses are typically divided through a process of valuation and equitable distribution. Courts consider many factors, such as each spouse’s contributions, the business’s worth, and future earning potential.Read answer
Property DivisionHow are complex financial assets divided in a high net worth divorce in Garden City, New York?Complex financial assets in high net worth divorces are divided through careful valuation and equitable distribution. This process often requires attorneys with a background in banking and finance who can assess businesses, investments, and retirement accounts. Courts consider factors like each spouse’s contributions, economic circumstances, and future needs when determining a fair division.Read answer
Property DivisionHow are complex financial assets divided in a high net worth divorce in New York?Complex financial assets in high net worth divorces are divided through careful valuation and equitable distribution. This process often requires attorneys with a background in banking and finance who can assess businesses, investments, and retirement accounts. Courts consider factors like each spouse’s contributions, economic circumstances, and future needs when determining fair division.Read answer
Family LawHow can Hedayati Law Group P.C. help with a parental alienation case?Our attorneys assist parents in documenting alienation, consulting mental health professionals, and seeking legal remedies such as modified custody or supervised visitation. We tailor legal strategies that focus on your child’s well-being and restoring your parent-child relationship.Read answer
GeneralHow can I legally establish paternity in Long Island, New York?There are three main ways to establish paternity:Read answer
AgreementsHow can I prepare for mediation sessions?Preparation may help spouses participate more confidently during mediation. Many people gather documents, make notes about their concerns, consider potential parenting plans and review relevant laws before entering mediation. Some individuals also choose to speak with an attorney before or after mediation sessions to help them evaluate proposals or clarify legal information that may relate to their goals.Read answer
DivorceHow can I protect my privacy during a high net worth divorce?To protect privacy during a high net worth divorce, consider using a confidentiality agreement, limiting public filings, utilizing private judges or mediators, and working with experienced attorneys who focus on high asset divorce to safeguard sensitive information and guide you through each step of the process.Read answer
DivorceHow can I protect my privacy during a high net worth divorce?To protect privacy during a high net worth divorce, consider using a confidentiality agreement, limiting public filings, using private judges or mediators, and working with experienced attorneys who focus on high asset divorce to safeguard sensitive information and support you through each step of the process.Read answer
GeneralHow can I seek an Order of Protection in Nassau County, Suffolk County, or New York City?To seek an Order of Protection, you need to file a petition with the appropriate court in the county where the abuse occurred or where the abuser resides, which involves submitting detailed information about the incidents and why you need protection. A temporary order may be issued initially, offering immediate protection until a full court hearing can take place.Read answer
Child CustodyHow do courts decide child custody for same-sex couples?Courts decide custody and visitation based on the child’s best interests, with health and safety as paramount concerns.Read answer
Child CustodyHow do courts determine parenting time in family law cases?Family courts determine parenting time based on the child’s best interests. Factors considered include each parent’s ability to care for the child, the child’s relationship with both parents, and any history of abuse or neglect. The court may also consider the child’s preferences, depending on their age and maturity.Read answer
Family LawHow do I establish paternity if I am not married to the other parent?You can establish paternity voluntarily by signing an Acknowledgment of Paternity with the other parent, or you can file a petition in family court and request DNA testing. Once paternity is established, you can pursue legal rights such as custody, visitation, and involvement in decision-making.Read answer
AgreementsHow does a joint session work during the mediation process?A joint session brings both spouses together with the mediator present. During this meeting, each person can express concerns, ask questions and discuss topics that affect the divorce. The mediator assists with communication, keeps the conversation productive and helps the parties involved explore options that may lead to mediated agreements.Read answer
Child CustodyHow does child custody differ in high net worth divorce cases in New York?Child custody in high net worth divorce cases often involves more complex financial considerations. These may include provisions for private education, international travel, and professional care. Additionally, high-profile parents might face unique challenges related to privacy and planning arrangements for their children.Read answer
Child CustodyHow does child custody differ in high net worth divorce cases in New York?Child custody in high net worth divorce cases often involves more complex financial considerations. These may include provisions for private education, international travel, and specialized care. Additionally, high-profile parents might face unique challenges related to privacy and security arrangements for their children.Read answer
Child CustodyHow does child custody work for same-sex couples in New York?Child custody decisions are based on the best interest of the child, regardless of the parents’ sexual orientation. Both parents may have rights concerning custody, visitation, and support, particularly if both have been active in the child’s life. The court will evaluate various factors to determine the most suitable arrangement.Read answer
Property DivisionHow does equitable distribution work in New York?New York is an equitable distribution state, meaning that marital assets are divided fairly but not necessarily equally. The court considers various factors such as length of marriage, income and earning potential of both parties, and any non-financial contributions made by either spouse when determining how to divide assets.Read answer
Child SupportHow does financial disclosure affect child support and spousal support?Financial disclosure plays an important role in determining child support and spousal support because the court reviews income, expenses and overall financial situation for each spouse. Pay stubs, bank statements, tax returns and financial statements help the court evaluate financial transparency and calculate support that aligns with New York’s guidelines. Accurate information helps clarify monthly expenses, financial obligations and each party’s ability to contribute.Read answer
Child SupportHow does income execution (wage garnishment) work in child support enforcement?Income execution is one highly effective tool used in New York when a parent falls behind. After a court-approved income execution is issued, an employer sends a portion of the non-paying parent’s paycheck directly to the Support Collection Unit, which then distributes the funds to the custodial parent. This approach reduces the risk of late or inconsistent payments because support is deducted before the money ever reaches the non-paying parent. Income execution can also include an additional amount to address arrears, helping bring the account closer to compliance over time.Read answer
Property DivisionHow does New York classify marital and separate debt during divorce?New York law draws a clear distinction between marital debt and separate debt. Generally, marital debt includes financial obligations incurred by either spouse during the marriage that benefited the couple or household, regardless of whose name is on the account. This might include joint credit cards, mortgages, car loans, or medical bills for shared family needs. In contrast, separate debt refers to obligations taken on before the marriage or after separation and used solely by one spouse. However, things can become more complicated when separate and marital debts overlap. For example, a debt may begin as separate but later benefit the household, potentially making it subject to equitable distribution.Read answer
Property DivisionHow does New York divide property in divorce?New York divides property equitably, but this does not mean that it is split in half. Equitable division means that marital property is divided “fairly.” A judge will usually decide what is considered “fair” by looking at many factors, such as income disparity, duration of the marriage, and financial circumstances of each spouse.Read answer
Spousal SupportHow does New York handle maintenance when income exceeds the guideline cap?New York courts note that guidelines apply up to the cap, and courts may consider statutory factors for adjustment, duration, or above-cap income considerations.Read answer
GeneralHow does New York law define the “best interest of the child” standard in relocation cases?Under New York law, the “best interest of the child” standard involves evaluating the child’s emotional, physical, and educational needs. The court looks at how the proposed move will affect the child’s well-being, stability, and overall development, seeking to ensure that the child’s best interests are the primary focus in any relocation decision.Read answer
Child CustodyHow does paternity impact child custody and visitation rights?Once paternity is legally established, a father may pursue shared custody or parenting time and participate in important decisions about the child’s education, medical care, or religion. The court will consider the child’s best interests when making any custody or visitation determinations, and a legal parent has the standing to be fully involved in these decisions.Read answer
GeneralHow does the court determine if someone is in contempt?To be found in contempt, the violating party must have knowledge of the court order, the ability to comply, and no lawful reason for failing to follow it. Once these elements are confirmed, the court may issue penalties or compel corrective action.Read answer
Property DivisionHow does the court determine what is a fair division of property?Courts in Long Island and throughout New York use equitable distribution, which means a court divides marital property in a way it considers fair, not necessarily equal. Judges review several factors, such as the length of the marriage, each spouse’s contributions, earning capacity, and parenting responsibilities.Read answer
Family LawHow does the court in New York handle a non-custodial parent’s objections to a relocation request?The court in New York takes the non-custodial parent’s objections seriously and assesses whether the relocation will disrupt the existing custody arrangement. The judge evaluates the benefits of the move against the potential negative impacts on the child’s relationship with the non-custodial parent.Read answer
Child CustodyHow does the court treat allegations of domestic violence in a custody case?Domestic violence is taken very seriously in New York custody matters. When the court finds that domestic violence occurred, it examines how the conduct affects the child’s safety and the parent’s ability to care for the child. The judge may limit parenting time, order supervised visitation, or award sole custody to the other parent when the facts support those restrictions. Each situation requires close analysis to determine a custody arrangement that supports the child’s safety.Read answer
Child CustodyHow is child custody determined in high-conflict complex divorce cases in New York?Child custody in high-conflict complex divorce cases is determined based on the child’s best interests. Courts consider factors such as parental fitness, stability, and ability to meet the child’s needs. A judge may appoint evaluators or guardians ad litem to assess the situation and make recommendations for custody arrangements.Read answer
Child SupportHow is child support calculated in New York?Child support in New York is calculated using a formula that considers both parents’ incomes and the number of children. The court takes into account factors such as healthcare costs, childcare expenses, and education fees. The non-custodial parent typically pays a percentage of combined parental income, and the court may adjust the figure under certain circumstances.Read answer
Child SupportHow is child support calculated in New York?Child support in New York is calculated using a formula that considers both parents’ incomes and the number of children. The court takes into account factors such as healthcare costs, childcare expenses, and education fees. The non-custodial parent typically pays a percentage of combined parental income, adjusted for specific circumstances.Read answer
Property DivisionHow is marital property divided in a New York divorce?New York follows the principle of equitable distribution, which means that marital property is divided fairly but not necessarily equally. The court considers factors like the length of the marriage, the income and property of each spouse at the time of the marriage and at present, and the health and age of both spouses.Read answer
Property DivisionHow is marital property divided in a New York divorce?New York follows the principle of equitable distribution, which means that marital property is divided fairly but not necessarily equally. The court may consider factors like the length of the marriage, the income and property of each spouse at the time of the marriage and at present, and the health and age of both spouses, along with other facts that come up in the divorce case.Read answer
Property DivisionHow is property divided in a same-sex divorce in New York?Property division in a same-sex divorce follows equitable distribution. That means the court divides marital property in a way it views as fair, which may not be an equal split in each case. Spouses typically share financial information so the court and counsel can evaluate assets, debts, the length of the marriage, and each spouse’s contributions.Read answer
Property DivisionHow Is Property Divided In A Same-Sex Divorce In New York?Property division in a same-sex divorce follows the principle of equitable distribution, meaning marital property is divided fairly but not necessarily equally. Both parties must fully disclose their financial circumstances, and the court considers factors such as the length of the marriage and each spouse’s contributions.Read answer
Spousal SupportHow is spousal support calculated in New York?For temporary maintenance, a statutory formula subtracts 20% of the payee’s income from 30% of the payor’s income. For post-divorce maintenance, the court considers the length of the marriage to determine the duration of payments, with longer marriages potentially leading to longer support periods.Read answer
DivorceHow long does a complex divorce typically take to resolve in New York?Complex divorces often take 12 to 18 months to resolve, though some cases may extend beyond two years. Factors like asset division, child custody disputes, and court backlogs can prolong the process. Each case is unique, and timelines can vary significantly based on individual circumstances and cooperation between parties.Read answer
DivorceHow long does a complex divorce typically take to resolve in New York?Complex divorces may take many months, and some cases extend beyond a year to resolve, though some cases may extend beyond two years. Factors like asset division, child custody disputes, and court backlogs can prolong the process. Each case is unique, and timelines can vary significantly based on individual circumstances and cooperation between parties.Read answer
DivorceHow long does it take to get divorced in New York?This depends on whether you are facing an uncontested or contested divorce. There are also many other factors that can impact the length of your divorce, such as if there are children involved, how busy the courts are, the county you are filing in, and the judge assigned to your case.Read answer
Property DivisionHow long does the equitable distribution process take in New York?The length of time for equitable distribution varies case by case, depending on factors such as the complexity of assets, disagreements between parties, and any potential legal hurdles that may arise.Read answer
AgreementsIs a cohabitation agreement the same as a prenuptial agreement?Cohabitation agreements are used by unmarried couples living together, while prenuptial agreements apply to couples entering into marriage; both, however, can address similar financial and property concerns.Read answer
DivorceIs an uncontested divorce faster in New York?In an uncontested divorce, the spouses agree on all critical matters related to their separation, including property division, custody of children, child support (if applicable), and spousal maintenance. Because the parties agree on these matters, the process for an uncontested divorce is generally faster, less expensive, and more straightforward than a contested divorce.Read answer
Child CustodyIs it possible to change an existing visitation order in New York?A parent can seek a modification of a custody or visitation order if there has been a substantial change in circumstances. Examples include a parent relocating, changes in the child’s needs, or concerns about the child’s safety. A judge will evaluate whether the proposed changes support the child’s best interests and if so, may adjust the existing court order accordingly.Read answer
Child SupportIs non-payment of child support considered a crime in Long Island, New York?Non-payment of child support is not automatically treated as a criminal matter. If the court finds a willful violation of a support order, the parent may face serious enforcement remedies, which can include income withholding, license-related measures, attorney’s fees, contempt-related relief, or possible commitment in certain cases.Read answer
Family LawIs there a time limit for petitioning for grandparents’ rights in New York?While there is no specific time limit for petitioning for grandparents’ rights in New York, it is generally recommended that grandparents petition sooner rather than later to avoid any potential issues with proving their relationship and involvement in the child’s life.Read answer
Family LawIs there a time limit for petitioning for grandparents’ rights in New York?New York does not set one universal deadline that applies to every grandparents’ rights petition. Even so, timing can matter. If a long period passes without contact, it can become harder to show the recent history of involvement and how visitation fits the child’s current routine. Speaking with a grandparents’ rights attorney sooner can help you evaluate options and preserve a clear record of the relationship.Read answer
GeneralShould I seek legal assistance to pursue an Order of Protection in New York City, Nassau County, or Suffolk County?Seeking legal assistance is highly valuable when pursuing an Order of Protection in New York, due to the complexity of the process. A knowledgeable attorney from Hedayati Law Group can help you submit all required paperwork properly, advocate for your safety, and represent you in court.Read answer
GeneralShould I seek legal help to pursue an order of protection in Garden City or Nassau County?Many people speak with an attorney because the process can move quickly and can affect custody schedules, housing, and finances during an ongoing divorce case. An order of protection attorney can help you prepare the written request, organize other evidence, plan for service, and show up prepared for each court appearance. If you want to discuss your situation, call or reach out through our contact form.Read answer
DivorceShould I start dating before my divorce is finalized?While dating is a personal choice, the timing may influence certain aspects of your divorce, especially if children are involved. Introducing a new relationship during parenting time may affect your children’s comfort and may influence how the court views the environment around them. This may become relevant in child custody discussions. Keeping new relationships separate from parenting time during the divorce may reduce tension and prevent potential misunderstandings.Read answer
DivorceShould we close our joint credit cards before filing for divorce?It is often recommended that divorcing couples freeze or close joint credit accounts once they decide to separate. Doing so can help prevent new charges that one spouse may be left responsible for after the divorce. If your spouse continues to use a joint account after separation, their actions could negatively affect your credit rating or financial liability. That said, closing accounts should be approached carefully and strategically, as it could impact credit scores or create tension. It’s helpful to speak with your attorney about how to handle shared financial accounts during the divorce process.Read answer
Child CustodyUnder what circumstances can a grandparent request custody of a grandchild?A grandparent can request custody of their grandchild in New York if they have already been acting as the child’s primary caregiver for an extended period of time (usually at least six months) or if the parents are unable to care for the child due to circumstances such as incarceration, substance abuse, or mental illness.Read answer
DivorceWhat are acceptable grounds for divorce in New York?New York recognizes fault-based and no-fault grounds for divorce. No-fault grounds include an irretrievable breakdown of the marriage for at least six months. Fault-based grounds can include:Read answer
Family LawWhat are common signs of parental alienation in children?Some signs include a child expressing fear, hostility, or guilt around the targeted parent without clear cause. Other red flags include a child refusing parenting time, repeating one parent’s negative views, or being pressured to “choose sides” between parents.Read answer
Family LawWhat are grandparents’ rights in Garden City, New York?In Garden City, New York, grandparents have the right to petition for visitation or custody of their grandchildren. Under specific conditions, they can legally request to spend time with or even take care of their grandchildren.Read answer
Family LawWhat are grandparents’ rights in New York?In New York, grandparents have the right to petition for visitation or custody of their grandchildren. Under specific conditions, they can legally request to spend time with or even take care of their grandchildren.Read answer
Family LawWhat are some legitimate reasons for a parent to relocate within or outside of New York?Parents in New York may wish to relocate for various reasons that could improve their quality of life, including:Read answer
Family LawWhat are some legitimate reasons for a parent to relocate within or outside of New York?Parents in New York may wish to relocate for various reasons that could improve their quality of life, including:Read answer
Spousal SupportWhat Are Tax Implications Of Spousal Support Payments In NY?Since 2019, spousal support payments are no longer tax-deductible for the payer nor considered taxable income for the recipient. This change affects how individuals need to plan financially during and after divorce proceedings.Read answer
Spousal SupportWhat are the different types of spousal support in Garden City, New York?New York offers several types of spousal support, including Temporary Support (awarded during the divorce process), Rehabilitative Support (provided for a fixed period to help the recipient spouse become financially independent), and Post-Divorce Maintenance (support payments after the divorce is finalized). Each type may address different needs during and after divorce proceedings.Read answer
Spousal SupportWhat Are The Different Types Of Spousal Support In New York?New York offers several types of spousal support: Temporary Support (awarded during the divorce process), Rehabilitative Support (provided for a fixed period to help the recipient become self-sufficient), and Permanent Support (ongoing payments after the divorce is finalized). Each type is designed to address specific needs during and after the divorce proceedings.Read answer
DivorceWhat are the divorce do’s & dont’s and why do they matter?Divorce do’s & dont’s refer to helpful habits and avoidable mistakes that may affect your divorce process. These include how you communicate with your spouse, how you handle money, and how you support your children during transitions. Many divorcing spouses do not realize that certain actions, such as falling behind on support payments or ignoring court orders, may negatively impact the case. Following helpful practices, such as staying organized, being honest about assets, and planning parenting time in advance, may help you maintain stability while protecting your interests.Read answer
DivorceWhat are the grounds for divorce in New York?New York recognizes seven grounds for divorce, including no-fault divorce based on irretrievable breakdown for at least six months, plus fault-based grounds like cruel and inhuman treatment, abandonment, imprisonment, and adultery, and conversion-style grounds tied to separation agreements or judgments of separation.Read answer
DivorceWhat are the legal grounds for same-sex divorce in New York?In New York, same-sex couples can file for divorce under the same grounds available to other married spouses. This includes a no fault divorce based on an irretrievable breakdown of the marriage for at least six months, and it can also include fault-based grounds such as cruel and inhuman treatment, abandonment, adultery, and imprisonment in certain situations.Read answer
DivorceWhat are the legal grounds for same-sex divorce in New York?In New York, same-sex couples can file for divorce using the same legal grounds as opposite-sex couples. This includes both no-fault grounds, such as an irretrievable breakdown of the marriage for at least six months, and fault grounds like cruel and inhuman treatment, abandonment, adultery, and imprisonment.Read answer
DivorceWhat are the residency requirements for filing a divorce in New York?To file for divorce in New York, each spouse must fulfill one of the following requirements:Read answer
DivorceWhat are the residency requirements for filing a same-sex divorce in New York?To file for divorce in New York, either spouse must meet one of the following residency requirements:Read answer
DivorceWhat are the tax implications of a high net worth divorce in New York?High net worth divorces often involve complex tax implications, potentially including capital gains taxes on asset division, tax consequences of alimony payments, and changes in filing status. Consulting an experienced divorce attorney can help you navigate these financial complexities effectively.Read answer
Property DivisionWhat are the two major factors in the equitable distribution of property?Courts often start with two common issues. First, the court classifies assets and debts as marital property or separate property under New York law. Second, the court applies the statutory factors to decide what division is fair, given the circumstances of the marriage and each spouse’s financial situation.Read answer
Property DivisionWhat assets may qualify as separate property in divorce?Certain assets may qualify as separate property, such as property owned prior to the marriage and certain inheritances or gifts from someone other than a spouse. The details matter because commingling or changes in title can create disputes about whether something stayed separate.Read answer
DivorceWhat can a spouse potentially be awarded in a New York divorce?In New York, spouses could potentially be awarded equitable distribution of marital property, spousal support (alimony), and child support. The court takes into account several factors such as the duration of the marriage, income, property of both parties, and the needs of the custodial parent.Read answer
DivorceWhat can a spouse potentially be awarded in a New York divorce?In New York, spouses could potentially be awarded equitable distribution of marital property, spousal support (maintenance), and child support. The court may take into account several factors such as the duration of the marriage, income, property of both parties, and the needs of the parent with primary parenting time, especially when child custody and visitation remain contested.Read answer
Child CustodyWhat does “best interest of the child” mean in New York custody cases?The “best interest of the child” standard guides how New York courts decide custody and visitation. Judges look at the child’s safety, daily routine, living conditions, and each parent’s ability to meet the child’s needs. The court reviews many factors, such as stability at home, the child’s relationship with each parent, and whether one parent committed domestic violence. This standard helps the court choose a custody arrangement that supports the child’s long-term structure and overall development.Read answer
Child CustodyWhat factors can affect whether a parent is granted legal or physical custody?Courts review several factors when awarding legal custody or physical custody. These include each parent’s schedule, housing stability, involvement in the child’s daily life, mental and physical health, financial stability, and the ability to make responsible decisions. Judges also look at past conduct, including domestic violence or harmful behavior. Each case has a detailed review so the court can choose a custody structure that supports the child’s day-to-day needs.Read answer
DivorceWhat factors can cause a divorce case to be considered complex in New York?Divorce cases become complex when they involve substantial assets, intricate financial arrangements, disputed child custody matters, or international elements. High-conflict situations, allegations of abuse, hidden assets, or the presence of family businesses can also significantly complicate proceedings, requiring more extensive legal intervention.Read answer
Family LawWhat factors do courts consider when determining parental rights?New York family courts focus on the child’s best interests. Judges review factors such as each parent’s involvement in the child’s life, stability, ability to meet the child’s needs, and willingness to foster a relationship with the other parent. Parental conduct, history of abuse, or relocation plans may also be considered.Read answer
Spousal SupportWhat factors do courts consider when determining spousal support in New York?Courts evaluate several factors, including the length of the marriage, each spouse’s income and earning capacity, the standard of living during the marriage, and any prenuptial or postnuptial agreements. The court also considers age and health, and the financial and non-financial contributions made during the marriage, including caregiving and support for the other spouse’s career opportunities.Read answer
Spousal SupportWhat factors do courts consider when determining spousal support in New York?Courts evaluate several factors, including the length of the marriage, each spouse’s income and earning capacity, the standard of living during the marriage, and any prenuptial or postnuptial agreements. The court also considers the age and health of the spouses, and the financial and non-financial contributions made by each spouse.Read answer
GeneralWhat factors does the court consider when deciding on a relocation request to move within or outside of New York?The court evaluates several factors including:Read answer
Spousal SupportWhat factors influence alimony decisions in high net worth divorces in New York?Courts consider multiple factors when determining alimony in high net worth divorces, including the length of marriage, each spouse’s earning capacity, standard of living during marriage, and financial needs post-divorce. The complexity of assets and potential tax implications also play significant roles in these decisions.Read answer
GeneralWhat happens after you are granted an order of protection?The order sets rules the court expects parties to follow, the court schedules the next court date, and the case continues through additional court appearances and possibly hearings. In Family Court, the temporary order can extend at each court date while the case remains open.Read answer
AgreementsWhat happens if mediation does not resolve all disputes?If mediation fails to address all concerns, the case may proceed to court for resolution. Even when mediation does not settle every topic, the process can still help clarify issues, narrow disagreements and reduce conflict. This may shorten the time required if the matter later moves to litigation.Read answer
Child SupportWhat happens if my ex-spouse refuses to pay child support?If your ex-spouse willfully refuses to pay child support, the court may pursue enforcement through wage garnishment, license suspension, or even jail time. These legal steps aim to compel compliance and help the custodial parent meet the child’s basic needs. You can file an enforcement petition through family court.Read answer
DivorceWhat happens if my spouse and I cannot agree on the divorce terms?If both parties can’t agree, the case will proceed as a contested divorce and go before a judge. During litigation, each side presents evidence and arguments, and the court decides unresolved issues like property division or custody. This route is usually more expensive, time-consuming, and emotionally taxing than reaching a mutual settlement.Read answer
GeneralWhat happens if one party refuses to share required financial information?If one party delays or avoids sharing documents, the court may request additional explanations or ask the party to provide missing financial information. The other spouse may request subpoenas for financial institutions or third parties to gather financial records. Full disclosure helps prevent disputes about marital assets, credit card debt, personal loans or other debts, and the court may draw negative inferences when a spouse consistently avoids the process.Read answer
Property DivisionWhat happens if one spouse hides assets during the divorce process?If it is discovered that one spouse has hidden assets, they may face legal consequences and the assets may still be subject to equitable distribution.Read answer
Property DivisionWhat happens if one spouse hides assets during the divorce process?If it is discovered that one spouse has hidden assets, they may face legal consequences and the assets may still be subject to equitable distribution.Read answer
AgreementsWhat happens if our circumstances change after we sign the prenuptial agreement?Many couples experience life changes as their marriage progresses, such as new business interests, increased savings, children, or shifts in financial goals. If these changes affect the terms of your agreement, you may revise the document through a postnuptial agreement. Hedayati Law Group P.C. can review your existing agreement and help you determine whether updates may better reflect your current situation. This allows the agreement to evolve as your relationship and financial needs change over time.Read answer
Family LawWhat happens if the non-paying parent continues ignoring the court order even after enforcement begins?Persistent refusal to follow a child support order can lead the court to escalate enforcement. In addition to wage deductions and license suspensions, judges may consider property seizure, professional license restrictions, or, in some severe situations, contempt findings that can end in short-term incarceration. Courts typically reserve the strictest measures for parents who have the ability to pay but repeatedly disregard their legal responsibilities. These actions are intended to create a clear path toward compliance and confirm the child’s needs remain prioritized.Read answer
AgreementsWhat happens if we break up without a cohabitation agreement?Without an agreement, unmarried couples may face confusion or conflict over shared assets or debts, as New York does not apply the same rules used in divorce to divide property between cohabitating partners.Read answer
Property DivisionWhat happens if we can’t agree on how to divide our debt?If spouses are unable to reach an agreement, New York courts step in and apply equitable distribution principles to divide the debt in a manner considered fair, not necessarily equal. The court reviews multiple factors, such as the length of the marriage, each spouse’s income, contributions to the household, and who incurred the debt and for what purpose. The judge has wide discretion, and the process can become complex, particularly if high-value or contested debts are involved. Seeking legal support early in the process can help protect your interests and prepare for potential court intervention.Read answer
Family LawWhat if I am a non biological parent but I raised the child?Some cases involve questions about legal parent status and what documents or procedures establish parentage, especially in assisted reproduction or surrogacy situations. New York’s CPSA created procedures aimed at establishing parentage in assisted reproduction cases, and your facts and paperwork will matter. A lawyer at Hedayati Law Group, P.C. can review your household’s history and discuss options for raising parentage issues appropriately.Read answer
GeneralWhat if I believe I am not the child’s biological father?If you question whether you are the biological father and are already listed on official documents or paying child support, you may seek to challenge paternity through the Family Court. You would likely be asked to undergo DNA testing. If the test shows no biological relationship, the court may revisit support obligations, depending on prior legal acknowledgments and court orders.Read answer
Property DivisionWhat if my spouse and I cannot agree on how to divide assets?In the event that you and your spouse cannot come to an agreement on asset division, the court may intervene and make a determination based on equitable distribution laws.Read answer
Spousal SupportWhat If Recipient Of Spousal Support Starts Cohabitating With New Partner?If the recipient begins cohabitating with new partner, it can be grounds for modifying or terminating spousal support payments. The court may reassess the financial needs of the recipient in this new living arrangement.Read answer
Child CustodyWhat if the custodial parent refuses to follow the visitation schedule?If the custodial parent does not follow the terms of a court-ordered visitation schedule, the non-custodial parent can file a petition with the family court to enforce the order. The court may take corrective actions, including modifying the custody order or granting make-up visitation. It’s important to document missed visits and seek legal guidance to determine the next steps while prioritizing the child’s stability.Read answer
Family LawWhat if the other parent already moved far away, and now I want to move too?The court still evaluates the best interests of the child and the practical impact on parenting time. Prior moves, the history of involvement, and the feasibility of a revised schedule may all matter.Read answer
DivorceWhat is a contested divorce in New York?A contested divorce occurs when the spouses cannot agree on one or more major issues concerning their separation, such as asset division, child custody, child support, and spousal maintenance. Because the parties disagree on these matters, the court may intervene to resolve them through the New York court process.Read answer
DivorceWhat is a contested divorce in New York?A contested divorce occurs when the spouses cannot agree on one or more major issues concerning their separation, such as asset division, child custody, child support, and spousal maintenance. Because the parties disagree on these matters, the court may intervene to resolve them through the New York court process.Read answer
GeneralWhat is a marital settlement agreement in New York?A marital settlement agreement is a legally binding document that outlines the terms of a divorce, including how property and debts will be divided, whether spousal or child support is involved, and the parenting arrangements. Once approved by the court, this agreement becomes part of the divorce judgment and is enforceable under New York law. It helps streamline the divorce process and gives both parties clear expectations for the future.Read answer
DivorceWhat is a no-fault divorce in New York?A no-fault divorce only requires the spouses to show that irreconcilable differences have led to the irretrievable breakdown of their marriage for at least six months. Once they have proven this, the only remaining requirement is to make decisions about how to manage their divorce-related issues, which they can do via collaboration or a court order. An experienced New York divorce attorney can guide you to pursue a straightforward and relatively cost-effective divorce strategy.Read answer
GeneralWhat is a Temporary Restraining Order (TRO) and how does it differ from an Order of Protection?A TRO is an immediate, short-term measure issued to protect individuals who are at risk of harm. It is generally in effect until a court hearing can be scheduled. An Order of Protection can be a more permanent solution, extended after a court hearing if the judge deems it necessary based on the evidence provided.Read answer
GeneralWhat is a temporary restraining order?A temporary restraining order is commonly discussed as a type of short-term injunctive relief in civil practice, often used to prevent immediate and irreparable harm before a hearing. In many domestic violence and family offense situations, the more common tool is a temporary order of protection rather than a TRO.Read answer
GeneralWhat is an order of protection and how does it work?An order of protection is a court order signed by a judge that can limit contact and restrict certain conduct to address safety issues such as domestic violence, threats, harassment, or stalking. Depending on the facts, the court may issue a family court order in a Family Court matter or a criminal court order in a criminal case. New York law also allows certain temporary orders in criminal cases for victims of crimes other than family offenses. The judge decides what terms apply and how long the order will last, and the court may set an expiration date or schedule a return date for further review.Read answer
GeneralWhat is an Order of Protection and how does it work?An Order of Protection is a court-issued document designed to safeguard individuals from abuse, threats, or harassment. It legally prevents the accused person from engaging in specific behaviors or contacting the victim. Depending on the situation, this order can be issued by Family Court or Criminal Court. It imposes legal consequences if its terms are violated.Read answer
Property DivisionWhat is considered marital property in a New York divorce?Marital property generally includes assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title. This can include income, homes, retirement accounts, and even certain debts. Courts in New York treat these items as shared and subject to equitable distribution.Read answer
Property DivisionWhat is considered separate property in New York?Separate property includes assets owned prior to the marriage, inheritances or gifts given during the marriage that were made specifically to one spouse, and property that can be traced back to these sources. In many cases, separate property belongs to the spouse who owns it and is typically not subject to equitable distribution. However, there can be exceptions when separate funds mix with marital funds or when separate property becomes commingled with marital property, such as through depositing funds into a shared bank account.Read answer
Property DivisionWhat is considered separate property in New York?Separate property includes assets owned by one spouse before the marriage, inheritances or gifts received during the marriage, and any property that can be traced back to these sources. These assets are typically not subject to equitable distribution. However, there can be exceptions in which separate property becomes commingled with marital property, such as through depositing funds into a shared bank account.Read answer
Property DivisionWhat is equitable distribution in New York?Equitable distribution refers to the division of marital assets and property during a divorce in New York. It follows the principle of fairness, where each spouse is to be awarded a fair share of the property acquired during the marriage.Read answer
DivorceWhat is full financial disclosure in a New York divorce?Full financial disclosure refers to the required exchange of financial information between spouses during a divorce case. Both parties complete a Net Worth Statement and provide supporting financial documents such as bank statements, pay stubs, tax returns and credit card statements. These records help the court know each spouse’s financial situation and support decisions involving marital property, child support, spousal support and fair distribution of assets and debts.Read answer
AgreementsWhat is mediation in a family law case?Mediation is a voluntary dispute resolution process where spouses meet with a neutral third party who helps them discuss concerns, share information and work toward agreements. The mediator does not decide the issues. Instead, the parties involved maintain control of the discussion and collaborate during mediation sessions to resolve divorce matters such as property division, parenting arrangements and support concerns.Read answer
Family LawWhat is parental alienation, and when does it typically occur?Parental alienation refers to situations where one parent influences a child to turn against the other parent, often during or after custody disputes. This behavior can include blocking visitation, making negative comments, or encouraging loyalty conflicts that damage the child’s relationship with the targeted parent.Read answer
Family LawWhat Is Required for a Custodial Parent to Seek Permission to Relocate in New York?In New York, a custodial parent seeking to relocate may need to file a petition with the family court and show that the proposed move supports the child’s best interests. This usually involves presenting a clear rationale for the relocation and explaining how the move would benefit the child’s welfare and stability.Read answer
Family LawWhat is required for a custodial parent to successfully seek permission to relocate in the state of New York?The custodial parent in New York who is seeking to relocate must file a petition with the family court and demonstrate that the move is in the best interest of the child. This involves presenting a clear rationale for the relocation and addressing how it will benefit the child’s welfare.Read answer
Child CustodyWhat is the difference between legal custody and physical custody in New York?Legal custody refers to a parent’s authority to make decisions about a child’s education, health care, and general welfare. Physical custody relates to where the child primarily resides and which parent oversees the child’s daily care. Both types of custody can be shared (joint) or awarded to one parent (sole), depending on what the court determines is in the child’s best interests. Visitation arrangements are typically made for the non-custodial parent if physical custody is not shared.Read answer
Family LawWhat is the legal basis for grandparents’ rights in New York?The state’s Domestic Relations Law (DRL), specifically, DRL §72 gives grandparents the right to petition for visitation or custody if it is in the best interests of the children.Read answer
Child CustodyWhat kinds of child custody are there?In New York, the different kinds of child custody include joint custody, sole custody, legal custody, and physical custody. Our Long Island family law attorneys team will work diligently to help you obtain the type of child custody arrangement you desire. We wish to help you continue playing an active role in the life of your child.Read answer
AgreementsWhat kinds of topics can be resolved in mediation?Many family law issues may be addressed during mediation sessions. Spouses often discuss child support, parenting plans, financial concerns, property division and day-to-day practical matters. Some couples resolve all issues in mediation, while others reach agreement on certain topics and leave remaining matters for the court.Read answer
Family LawWhat legal rights do parents have in Long Island, New York?Parents in Long Island, New York have the legal right to make decisions about their child’s education, healthcare, and general welfare. They may also have the right to custody or visitation, depending on the child’s best interests. Both parents, regardless of gender or marital status, are entitled to equal consideration by the court under New York law.Read answer
DivorceWhat makes a divorce “complex” in Garden City or Nassau County?A divorce may feel complex when finances involve multiple properties, business income, deferred compensation, or disputed debts. It can also become complex when custody issues involve high conflict, safety concerns, or repeated disputes about parenting time and decision-making.Read answer
Family LawWhat must be proven to establish grandparents’ rights in New York?To establish grandparents’ rights, the court must determine that it is in the best interests of the children to have a relationship with their grandparents. It includes the consideration of factors such as the nature and quality of the bond between grandparents and grandchildren, any potential harm to the children if denied access to their grandparents, and if there is a history of significant involvement and support from the grandparents in the children’s lives.Read answer
Family LawWhat must be proven to establish grandparents’ rights?In visitation matters, the court typically addresses standing first and then evaluates whether the requested plan serves the child’s best interests. Judges often look at the quality and history of the bond between the grandparent and grandchild, the role the grandparent played in the child’s routine, and how the proposed schedule may affect the child’s life.Read answer
DivorceWhat not to do during a divorce if I want to protect my family?During a divorce, choices involving your children can strongly influence their emotional well-being and the overall process. Avoid involving your children in adult disputes, criticizing the other parent in their presence, or using them as messengers between you and your spouse. Children may already be feeling stress from the family changes, and adding emotional pressure may impact their adjustment. Keeping adult issues between adults may help your children feel safer and more supported throughout the divorce.Read answer
Family LawWhat rights do biological parents have in family law matters?Biological parents generally have fundamental rights to custody, visitation, and decision-making regarding their children. These rights include the ability to make educational, medical, and religious choices for their children. However, courts prioritize the best interests of the child when determining parental rights and responsibilities in family law matters, and a court may set or modify a custody order based on the child’s needs.Read answer
Family LawWhat rights do biological parents have in family law matters?Biological parents generally have fundamental rights to custody, visitation, and decision-making regarding their children. These rights include the ability to make educational, medical, and religious choices for their children. However, courts prioritize the best interests of the child when determining parental rights and responsibilities in family law matters.Read answer
DivorceWhat should be included in a divorce settlement agreement?A comprehensive divorce settlement agreement should address all aspects of the divorce, division of marital property and debt, child custody and visitation, child support, and spousal support if applicable. It may also include terms about future expenses, insurance, and how disputes or modifications will be handled. Every term should reflect clarity, fairness, and compliance with New York law.Read answer
GeneralWhat should I do if I suspect my ex is trying to alienate my child from me?Start by documenting concerning behavior, stay consistent and calm in your interactions with your child, and avoid direct confrontation. You may also want to involve a family therapist and speak with a family law attorney about your legal options for protecting your parental rights.Read answer
GeneralWhat should I do if I’m accused of violating a court order?If you’re accused of contempt, it’s important to gather documentation, know the court’s expectations, and seek legal representation. In some cases, showing good faith efforts or a legitimate reason for non-compliance can influence the court’s response.Read answer
Child SupportWhat should I do if the other parent suddenly stops sending child support?When payments stop without warning, many parents are left scrambling to cover core expenses such as housing, transportation, school needs, and medical costs. New York law offers formal pathways to address this situation, including filing a violation petition in family court or working through the Support Collection Unit (SCU). These steps allow a parent to request enforcement measures such as income execution, tax refund interception, or license suspensions. Speaking with an attorney can help you determine which option aligns with your current order and payment history, especially if the missed payments have caused long-term financial strain on your household.Read answer
GeneralWhat should I do if the respondent violates Order of Protection?If the respondent violates the terms of the Order of Protection, you should immediately report the violation to the police. Violating a Protective Order is a criminal offense and can lead to arrest and further legal action against the respondent.Read answer
GeneralWhat should I do if the respondent violates the order of protection?If the respondent violates a court order of protection, you may want to contact the police, especially if you feel unsafe. A violation can lead to serious consequences, including arrest in certain situations and additional court action.Read answer
GeneralWhat steps are involved in the process of getting an Order of Protection in New York City, Nassau County, and Suffolk County?The process involves several key steps: filing the petition, potentially receiving a Temporary Order of Protection, serving the order to the respondent, attending a full court hearing, and awaiting the judge’s decision. If the judge deems it necessary, a longer-term Order of Protection can be granted based on the presented evidence.Read answer
Child CustodyWhat types of child custody are recognized in Garden City, New York?New York recognizes several types of child custody arrangements, including sole custody, joint custody, legal custody, and physical custody. The court may also consider other arrangements such as split custody or bird’s nest custody, depending on the family’s unique circumstances and the child’s best interests, including the child’s routine and stability.Read answer
Child CustodyWhat types of child custody are recognized in New York?New York recognizes several types of child custody arrangements, including sole custody, joint custody, legal custody, and physical custody. The court may also consider variations such as split custody or bird’s nest custody, depending on the family’s unique circumstances and the child’s best interests.Read answer
GeneralWhen does New York allow relocation?In New York, relocation is allowed if it is found to be in the best interest of the child. The court considers factors such as the reasons for relocating, the opposition of the non-custodial parent, the impact on the custodial parent’s quality of life, and the relationship between the child and both parents.Read answer
GeneralWhen does New York allow relocation?In New York, relocation is allowed if it is found to be in the best interest of the child. The court considers factors such as the reasons for relocating, the opposition of the non-custodial parent, the impact on the custodial parent’s quality of life, and the relationship between the child and both parents.Read answer
Family LawWhich financial documents do spouses usually provide?Spouses generally share financial documents that show income, assets, debts and monthly expenses. These may include bank accounts, retirement accounts, mutual funds, business interests, property deeds, appraisals, financial statements, tax returns and proof of expenses. The court may request additional documents if certain items appear incomplete or if concerns arise about hidden assets or undisclosed financial information.Read answer
Family LawWho can petition for grandparents’ rights in Garden City, New York?In many cases, biological grandparents file these petitions. Depending on the facts and the legal relationship involved, other individuals who function as a grandparent may also have a path to petition, such as adoptive grandparents. Courts still review standing carefully, so it helps to discuss your specific family structure before filing. Generally speaking, people who do not have a recognized grandparent relationship, such as family friends or neighbors, usually face major standing barriers.Read answer
Family LawWho can petition for grandparents’ rights in New York?In addition to biological grandparents, step-grandparents, adoptive grandparents, and foster grandparents may also petition for visitation or custody. However, unrelated individuals such as friends or neighbors do not have the same standing.Read answer
AgreementsWhy do same sex couples choose to create a prenuptial agreement?Many same sex couples pursue a prenuptial agreement because they want clarity about how assets, debts, and financial responsibilities would be treated if the marriage ends. Some partners bring significant assets into the relationship or have children from previous marriages. Others want to classify separate property or discuss property division before the wedding so misunderstandings do not arise later. A prenuptial agreement may also support long term planning by outlining how business interests or future inheritance would be treated.Read answer
Family LawWhy is establishing paternity important in New York family law?Establishing paternity allows a father to gain legal rights regarding custody, visitation, and involvement in major decisions about the child’s upbringing. For mothers, legal paternity enables them to seek financial support and access health or educational benefits for the child. Without this legal recognition, courts cannot enforce parental rights or responsibilities, even if the father is actively involved in the child’s life.Read answer
Spousal SupportWhy Is Legal Representation Important In NY Spousal Support Cases?Having experienced legal representation can significantly influence the resolution of spousal support negotiations. A knowledgeable attorney can protect your rights, navigate complex legal guidelines, and adequately represent your interests throughout the legal process.Read answer
Family LawWhy should I hire a family law attorney for my case?Hiring a family law attorney provides informed guidance through complex legal processes, protects your rights, and pursues fair outcomes in sensitive matters like divorce, custody, or property division. A lawyer’s experience and understanding of these cases can help reduce stress, avoid costly mistakes, and seek a favorable resolution for your case.Read answer

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Al Hedayati, Esq., Managing Partner at Hedayati Law Group, P.C.