Parents want a plan that keeps their children stable, supported, and safe. Suffolk County courts want the same thing. The difference is that courts translate those goals into rules, procedures, and evidence. Understanding how judges evaluate “best interests” can help parents make better decisions, present stronger cases, and reach agreements that last.
Both types of custody may be shared in different ways. A family might use joint legal custody with one parent as the primary residential parent, or a true shared-time plan if schedules and proximity allow.
Custody disputes can be heard in Family Court or in Supreme Court when a divorce is pending. Many Suffolk County cases begin with temporary arrangements, move through conferences and discovery, and end in a settlement. If no agreement is reached, the case proceeds to a hearing or trial.
Common milestones include:
New York courts apply a best-interests test that weighs a range of factors. No single factor controls every case. Judges look for a pattern that supports a healthy, stable upbringing.
Key factors typically include:
Courts decide on evidence, not assumptions. Useful materials often include:
There is no one right schedule. Plans should reflect school start times, travel distance, and children’s ages.
Add a clear holiday and vacation schedule, including exact exchange times, travel notice periods, and how to handle birthdays, long weekends, and school breaks.
Many Suffolk County families resolve custody through mediation or structured negotiation. Settlements tend to last longer, reduce stress, and keep control with the parents rather than the court. A strong agreement is specific, easy to follow, and includes:
A forensic evaluation is an in-depth assessment by a mental-health professional. It may include interviews, testing, and collateral contacts. Evaluations focus on family dynamics, parenting capacities, and the child’s needs. Courts consider the report with other evidence. Parents help themselves by being honest, child-focused, consistent, and cooperative.
Do mothers or fathers start with an advantage?
No. The court begins with a level field and follows the best-interests standard.
Will a teenager’s preference control the outcome?
Preferences matter more with age and maturity. Reasons count. Courts look for well-grounded preferences tied to school, activities, or comfort, not pressure.
Can joint legal custody work in high conflict?
Sometimes, with clear tie-breaker rules and defined spheres. In severe conflict, sole decision-making for specific domains may be more realistic.
What if my work schedule is nontraditional?
Judges value reliability. Provide a predictable plan that covers transportation, meals, and homework, and show backup caregivers who are consistent and safe.
How do temporary orders affect the final result?
Temporary arrangements can create a pattern. Comply fully and document what works and what does not.
Child custody cases turn on details, paperwork quality, and courtroom credibility. An attorney who practices regularly in Suffolk County understands local procedures, how judges approach best-interests analysis, and which proposals are most workable for school schedules and commuting patterns. That local insight helps families reach settlements that protect children and reduces the risk of avoidable litigation.
Need guidance on a Suffolk County child custody matter? The Law Office of Chris Palermo helps parents craft durable parenting plans, present persuasive evidence, and protect their children’s well-being. For a confidential consultation, contact our firm to discuss your goals and next steps.
Untangling a shared life is not only emotional, it is technical. In Suffolk County, the court’s job is to divide what spouses acquired during the marriage in a way that is fair. “Fair” in New York does not always mean “equal.” Understanding how judges perceive fairness, what constitutes marital property, and how assets are valued can make the process more predictable and less stressful.
New York follows equitable distribution. That means the Suffolk County Supreme Court divides marital property in an equitable manner based on the facts of the case. An equal split is possible, but it is not guaranteed to occur. Judges weigh statutory factors that include the length of the marriage, each spouse’s income and resources, the health and ages of the parties, contributions made as wage earners and homemakers, child-related needs, tax consequences, wasteful dissipation of assets, and any other circumstance the court finds important.
Everything starts with classification.
Two important wrinkles matter in Suffolk cases:
Valuation is a practical exercise. Courts usually fix values close to the trial or settlement date, using documentation, appraisals, and expert testimony. Common approaches include:
The home is often the largest asset and the most emotional. Expect several common outcomes:
Exclusive occupancy can be ordered temporarily if there is domestic strife or a strong child-centered reason. Be prepared to discuss upkeep, taxes, and repairs, since these affect both equity and cash flow.
Retirement savings accumulated during the marriage are usually marital, even when the account is only in one spouse’s name. For defined contribution plans like 401(k)s or IRAs, the marital portion is divided by the balance. For defined benefit pensions, Suffolk judges often use a time rule to determine the marital share and then allocate that share between spouses through a QDRO. Fees for plan review and drafting are typically shared or paid from the account before distribution.
Interests in a business formed during the marriage are generally marital. If a business predated the marriage, the appreciation attributable to a spouse’s efforts during the marriage can be marital. Since 2015, New York no longer treats a professional license or degree itself as a divisible asset. However, contributions to a spouse’s education or career can still be recognized through a distributive award or in maintenance.
Equitable distribution addresses liabilities as well as assets.
Valid agreements control property division, often carving out specific assets as separate and setting formulas for dividing others. Enforceability typically turns on proper financial disclosure, independent counsel, and the absence of coercion. If an agreement exists, bring it and all financial schedules to the first attorney meeting.
Taxes can meaningfully change what a percentage split is worth. Examples:
Property division interlocks with child-related issues. A court may award temporary exclusive occupancy of the home to reduce disruption for children. Parenting time schedules can shape decisions about where each parent lives, the timing of a sale, and whether a buyout is realistic on one income. These issues are coordinated so the financial plan supports the parenting plan.
Property division in a Suffolk County divorce is a structured process guided by New York’s equitable distribution rules. Results turn on careful classification, credible valuation, and practical choices about taxes, debt, and cash flow. Good preparation often leads to faster, more balanced settlements and fewer courtroom fights.
Thinking about next steps? Chris Palermo helps Suffolk County families resolve divorce and property division issues with a clear strategy and practical solutions. For a confidential consultation, contact the firm to discuss goals, likely outcomes, and a plan tailored to the facts of the case.
When couples decide to end their marriage, the emotional toll is often only the beginning. The financial side of divorce, especially in a place like Suffolk County, can quickly become overwhelming if you’re not prepared. From court filing fees to legal representation and everything in between, understanding what goes into the cost of divorce can help you make smarter decisions as you move forward.
In Suffolk County, the court filing fees for an uncontested divorce typically start at $335, which includes the Index Number ($210), Request for Judicial Intervention ($95), and additional document processing. However, these are just the basic administrative costs. If your divorce becomes contested or involves additional motions and court appearances, those fees can increase substantially.
For example, suppose you need to file an Order to Show Cause, request a temporary support order, or bring in third-party experts like forensic accountants. In that case, you’ll likely pay additional court-related fees. While these costs are standard across New York State, they’re an essential baseline to keep in mind.
One of the biggest factors that affects the overall cost of divorce is whether it’s uncontested or contested.
Divorce attorney fees in Suffolk County can vary depending on experience, reputation, and complexity of the case. Most attorneys charge by the hour, with rates typically ranging from $300 to $500 per hour.
Some attorneys may offer flat fees for uncontested divorces, especially if no children or substantial assets are involved. But in most cases—especially contested divorces—you’ll be billed hourly. The more time your attorney spends reviewing documents, filing motions, appearing in court, and negotiating with the opposing side, the more you’ll ultimately pay.
Here are a few more expenses that can affect your total divorce costs in Suffolk County:
Don’t forget to account for temporary maintenance or child support that may be awarded while the divorce is pending. In some situations, the higher-earning spouse may be required to provide financial support during the divorce process, which can place an added financial burden even before final orders are issued.
If you are the spouse leaving the marital home, you may also need to secure new housing, which adds to your short-term expenses.
If you’re concerned about the cost of your divorce, there are proactive steps you can take:
While divorce can be expensive, cutting corners on legal representation often leads to mistakes that cost even more in the long run. A poorly drafted agreement or a rushed property division can create serious financial headaches down the line. Working with a knowledgeable divorce attorney ensures your rights are protected and that you walk away with a fair outcome.
Divorce is never easy, but understanding the potential costs can help you make smart, confident decisions. If you’re facing a divorce in Suffolk County and want clear guidance, compassionate support, and experienced legal representation, reach out to Chris Palermo. With over thirty years of combined experience between Chris and his partner, Riley Perry, the team is committed to helping you navigate divorce with dignity and clarity—while keeping your financial future intact.
Picture this: you’ve just made the heart-wrenching decision to end a marriage, and the emotional weight feels heavy enough. Then the dollars and cents start swirling in your head. How will you keep the roof over your head? Can you cover daycare on a single income? These worries are common for Suffolk County residents moving toward divorce, and that is precisely where spousal support (often still called “alimony”) steps in. Let’s break down what maintenance is, how New York courts calculate it, and practical steps you can take to secure the financial breathing room you need.
New York’s Domestic Relations Law now uses the term “maintenance”, but everyday folks (and plenty of lawyers) still say “alimony.” Whatever label you use, it’s a court-ordered payment from the higher-earning spouse to the lower-earning spouse to ease the transition from married life to financial independence. In Suffolk County, judges follow statewide guidelines but retain considerable discretion once they’ve run the numbers.
New York employs a two-step formula that accounts for each spouse’s income. As of 2025, the income cap used in the calculation is $203,000. Judges take:
The court chooses the lower of the two figures, with a final cap to ensure the recipient isn’t awarded more than the payor actually earns. If either spouse’s income exceeds $203,000, the judge may consider the excess, but only after weighing the statutory factors (see next section). While the math can look intimidating, the important takeaway is this: the guideline is a starting point, not the last word. Your unique facts still matter.
Judges in Suffolk County must weigh 15 factors under §236(B)(6), including:
By preparing clear documentation such as pay stubs, tax returns, childcare receipts, and even a résumé, you empower the court to see the full picture rather than a cold printout from a software program.
New York suggests ranges tied to marriage length:
For example, if you were married for 12 years, the statutory guideline suggests support between 1.8 and 3.6 years. A judge can deviate up or down so long as they explain why. Common reasons include disability, an infant child at home, or a significant disparity in retirement savings.
Life rarely stays still. Suppose you lose your job or your ex doubles their income. Either party may petition the Suffolk County Supreme Court for a modification by showing a substantial change in circumstances. Remarriage or cohabitation by the recipient often terminates support, but read your judgment carefully—some orders require a new court filing, while others end automatically.
If a former spouse falls behind, New York gives you several enforcement avenues:
Act quickly; judges dislike arrears piling up because they create hardship and hostility.
Thanks to the Tax Cuts and Jobs Act, maintenance is no longer deductible for the payor, nor is it considered taxable income to the recipient for divorces finalized after December 31, 2018. Budget accordingly; that change often shifts negotiations because the higher-earner no longer harvests a tax benefit for writing the checks.
While online calculators offer ballpark figures, real cases hinge on narrative and nuance. An experienced local attorney:
Divorce is never just paperwork; it’s a pivotal moment to secure stability for yourself and any children who rely on you. If you are wondering whether you can obtain spousal support in Suffolk County, let’s talk. Chris Palermo has guided Long Islanders through complex maintenance cases for more than two decades, blending sharp legal strategy with down-to-earth advice. Reach out today and schedule a confidential consultation to chart your next chapter with confidence.
Money worries keep many New Yorkers awake at night, and those worries can intensify when a marriage ends. Couples on Long Island often own homes worth six or seven figures, maintain significant retirement savings, and juggle complex debt. If you are considering or facing divorce, protecting what you have built is just as important as protecting your peace of mind. Below are practical, attorney-tested steps you can take today to protect your financial future while your case proceeds.
New York applies the doctrine of equitable distribution. That means marital property is divided fairly, not always equally. Separate property, such as assets you owned before the marriage, inheritances kept in your name, personal gifts, and compensation for personal injury, pain, and suffering, usually stays with you. Mixing separate funds with marital accounts can blur the lines, so identify and document distinct sources now—a clear paper trail positions you to prove that an asset should remain yours.
Gather the last three to five years of:
Store digital copies in a secure, password-protected drive and keep hard copies at a trusted friend’s home or in a safe-deposit box. Early organization prevents surprises, stops documents from “disappearing,” and gives your divorce team a running start.
New York courts require detailed financial disclosure, but you will save stress by building your master list before formal demands arrive. Include:
An honest inventory reduces litigation over hidden money and ensures nothing slips through the cracks.
If you own a local restaurant, medical practice, tech startup, or any closely held company, the business may be considered marital property even if your spouse never worked there. Steps to protect value include:
A seasoned Long Island divorce attorney can coordinate forensic accountants so you can preserve operational control.
Pensions, 401(k)s, IRAs, and military or teacher retirement plans can be worth more than the family home. Contributions made during the marriage are usually marital property, but division is not automatic. Protect yourself by:
New York courts can issue temporary orders covering spousal maintenance, child support, and who pays which household bills while the divorce is pending. If your spouse controls the purse strings, a temporary order can ensure you have funds for living expenses and legal fees, preventing financial coercion.
Judges frown on spouses who run up new credit-card debt, sell collectible cars for cash, or withdraw large sums “for safekeeping.” Such dissipative conduct can result in sanctions or a smaller share of the marital estate. Protect yourself by:
If you suspect your spouse is hiding or wasting assets, raise the alarm with your attorney quickly so subpoenas can be issued.
Zillow estimates and quick online calculators seldom hold up in court. Hire a certified residential appraiser for each property and reputable experts for art, classic cars, or wine collections. Precise appraisals reduce disputes when you later negotiate who keeps or buys out each item.
Unusual cash withdrawals, missing bank statements, or a sudden drop in business revenue may indicate asset concealment. A forensic accountant can:
The cost of hiring specialists is often outweighed by the dollars they recover.
Litigation can drain assets faster than almost anything else. Mediation and collaborative approaches allow couples to craft tailored financial settlements, often with lower fees and less public exposure. When both parties commit to transparency, these methods can preserve goodwill and wealth alike. Work with an attorney who is experienced in both traditional and alternative resolutions so you retain every option.
Dividing property is only half the battle; understanding the tax impact is the other. Capital-gains liability on a second home, penalties for early retirement withdrawals, and the tax treatment of spousal maintenance all matter. A coordinated plan with your attorney, CPA, and perhaps a financial planner can prevent an avoidable April surprise.
Securing your share of the marital pie takes more than common sense. It demands foresight, documentation, and strategic advocacy under New York law. By preparing early, assembling the right professional team, and staying vigilant about spending and disclosures, you can exit your marriage on Long Island with the financial footing you deserve.
Ready for guidance that puts your future first? Attorney Chris Palermo has spent over two decades helping Long Islanders navigate divorce with confidence and dignity. Contact our office today for a confidential consultation and start protecting what matters most—your financial peace of mind.
Few moments feel heavier than the first call to a divorce attorney. Perhaps, the worry on the other end of the line isn’t about who keeps the house or how retirement accounts will be divided—it’s about walking into a crowded courtroom. The idea of navigating Nassau or Suffolk County Supreme Court, with its fluorescent lights and rigid schedules, makes an already emotional decision feel even more daunting. The good news? For many Long Islanders, divorce can stay almost entirely on paper, well away from a judge’s bench.
Every divorce must be filed in the New York Supreme Court; it is the only court with authority to dissolve a marriage. Court involvement ensures that:
In contested cases, the court actively manages deadlines, discovery, conferences, and (if necessary) a trial. A preliminary conference is mandatory within 45 days of judicial assignment, giving both spouses and their attorneys an opportunity to map out the litigation timeline and required financial disclosures.
If you and your spouse resolve every issue—property, debts, support, custody—you can file an uncontested divorce. New York now allows couples to submit a joint uncontested packet, simplifying signatures and reducing clerical errors. Because nothing is disputed, judges typically sign judgments on the papers, which means:
Couples who need help negotiating but still want to avoid a judge’s calendar often turn to mediation or collaborative law. Agreements reached in these settings become the backbone of an uncontested filing. When mediation works, you still file in Court, but you maintain privacy, control cost, and usually skip any personal appearances because you submit a fully executed settlement agreement at the outset.
There are three common scenarios where a physical (or at least virtual) court appearance becomes unavoidable:
Although contested divorces average nine to twelve months, thornier cases can stretch far longer.
Can we finalize everything online? Yes. Both counties accept e-filed uncontested divorce packets through NYSCEF, provided you meet e-filing prerequisites.
Do I have to serve my spouse in person if we agree? No. Joint filing lets you skip formal service, saving time and money.
Will the judge ever call us in just to ask questions? Rarely, but judges may schedule a brief appearance (in person or via Teams) if terms look lopsided or if minor children are involved.
What if we agree on everything except who keeps the Hauppauge house? The matter becomes contested, triggering conferences and possible trial. However, narrowed disputes can settle mid-litigation, ending further court dates.
Can I avoid court if my spouse will not sign? Not entirely. You can pursue a default uncontested divorce, but you must still file proofs of service and may need to appear for brief testimony verifying the breakdown of the marriage.
For many Long Island couples, divorce no longer means standing before a judge. Thoughtful planning, complete agreements, and the joint-filing rules can keep you comfortably out of the courthouse. Yet when core issues remain contested, court appearances safeguard fairness and due process. Either way, having a seasoned guide by your side makes the journey smoother.
If you are considering divorce and want to minimize courtroom stress, reach out today. With Chris Palermo’s legal team, we have spent over two decades helping Long Islanders navigate both straightforward and complex divorces with dignity and efficiency. Let us put that experience to work for you.
Leaving a marriage is rarely simple, yet most people imagine at least one part of the process will be straightforward: signing the paperwork. When a spouse digs in their heels, however, the path forward can feel uncertain and frustrating. Below is a clear-cut guide to what really happens in New York when one party will not sign, and the practical steps you can take to keep your divorce moving.
New York State recognizes that one spouse should never be able to hold the other “hostage” in a failed marriage. While a signed agreement is the fastest route to an uncontested divorce, the courts offer several mechanisms—default judgment, motion practice, and temporary orders—to ensure your case can proceed even without your spouse’s cooperation.
The moment your spouse refuses to sign, your filing shifts into contested territory, but that does not mean the system leaves you stuck.
To start any New York divorce, you must serve your spouse with a summons and verified complaint. If they decline to sign an acknowledgment of service:
Once those 20 or 30 days run out, the clock technically favors you.
If your spouse ignores the filing altogether, you can request a default judgment:
A default divorce still requires accurate financial disclosure and, where children are involved, a parenting plan that serves the child’s best interests. Courts will not rubber-stamp an unfair agreement simply because the other side failed to appear.
Sometimes a reluctant spouse files an answer simply to slow things down. Common tactics include:
A seasoned divorce attorney knows how to push back, request sanctions if appropriate, and keep the timeline on track.
Because contested divorces take longer, courts provide “pendente lite” (while the case is pending) orders to maintain the status quo:
These safeguards prevent a non-signing spouse from using financial pressure or living arrangements as leverage.
Even after a rocky start, many Long Island couples eventually settle through:
Settling midstream can dramatically reduce costs and stress, even if it seemed impossible when the refusal to sign first occurred.
Delays vary case by case, but the typical contested divorce on Long Island lasts nine to eighteen months from filing to final judgment, depending on court calendars and the complexity of assets or custody issues. A spouse who refuses to sign may stretch the high end of that range, yet judges see through dilatory tactics. They can:
Persistent foot-dragging rarely changes the ultimate outcome; it only increases legal fees and judicial frustration.
Doing your part responsibly builds credibility with the court and positions you for a favorable judgment.
Navigating a no-signature divorce in New York demands strategic thinking. A knowledgeable attorney will:
Chris Palermo and his team have guided Long Island residents through contested divorces for over two decades, blending courtroom tenacity with compassionate client care.
If your partner’s refusal to sign has left you feeling stuck, reach out to Chris Palermo for a free, no-obligation consultation. You will speak directly with an attorney who understands Long Island courts, prioritizes personal service, and will not charge a fee unless your case is resolved in your favor. Do not let inaction dictate your future—take the first confident step today.
If you’re facing a divorce on Long Island, one question likely looms large: How is alimony calculated? Whether you’re in Nassau County’s bustling Garden City or Suffolk County’s quiet Huntington, understanding spousal maintenance (as New York calls it) can ease the uncertainty of your financial future. At Palermo Law, we’ve guided countless Long Island families through this process with over 20 years of experience—and we’re here to break it down for you.
Alimony isn’t a one-size-fits-all number plucked from thin air. On Long Island, it’s a blend of statutory formulas, judicial discretion, and your unique circumstances. Let’s dive into how it works, what factors matter, and why a skilled Long Island divorce lawyer can make all the difference.
In New York, alimony—officially “spousal maintenance”—is money one spouse pays another during or after a divorce to ensure fair support. It comes in three flavors:
On Long Island, courts aim to balance the needs of the lower-earning spouse with the paying spouse’s ability to contribute, reflecting New York’s equitable distribution laws. But how do they crunch the numbers?
New York uses a statutory formula to calculate temporary maintenance, giving judges a baseline. As of 2025, it caps the paying spouse’s income at $228,000 (adjusted periodically for inflation). Here’s how it works:
For incomes over $228,000—common in Long Island’s affluent areas like Great Neck or East Hampton—judges can adjust beyond the cap, but they’ll dig into other factors (more on that below).
The length of post-divorce maintenance ties to your marriage’s duration, guided by New York’s advisory schedule:
A 30-year marriage in Mineola with one spouse unable to work? Permanent maintenance isn’t off the table. A 5-year marriage in Babylon? Expect a shorter term—or none if both spouses are self-sufficient.
Long Island courts don’t stop at math. Judges tweak awards based on:
Take a real case we handled: a 15-year marriage in Suffolk County, one spouse earning $200,000, the other at $40,000. The formula suggested $2,000/month, but the judge bumped it to $2,500/month for 6 years, factoring in the recipient’s limited job prospects and Long Island’s high cost of living.
Divorce on Long Island isn’t like upstate New York or even Manhattan. Our region’s blend of suburban wealth (think Roslyn) and working-class roots (like Lindenhurst) means courts see everything from modest cases to high-net-worth battles. Property values, local taxes, and commuting costs to NYC all play a role in what “fair” looks like here. Plus, Nassau and Suffolk County judges often know the local landscape—your attorney should too.
Since 2019, federal tax rules shifted: alimony isn’t deductible for the payer or taxable for the recipient (for divorces finalized post-2018). New York state taxes still allow deductions, but this federal change can affect negotiations. Our team at Palermo Law stays on top of these quirks to protect your bottom line.
The formula’s just a starting point—courts can deviate if it’s “unjust.” That’s where we shine. With decades fighting for Long Island families, Palermo Law knows how to argue your case—whether you’re seeking support or minimizing payments. We’ve seen judges adjust awards up for a struggling spouse in Smithtown and down for a payer stretched thin in Westbury.
Need help with child support too? Check out the official New York State Child Support Calculator from the Division of Child Support Services to estimate those payments alongside alimony.
Ready to Take Control? Don’t guess your alimony outcome. Contact us for a free consultation—our Long Island divorce lawyers will map out your options, from filing in Nassau County Supreme Court to negotiating a fair settlement. Call today or contact us today to get started.
Cohabitation before marriage is more common than ever these days. It is super common for couples in a serious relationship to move in together before marriage. In many cases, these couples rent, but an increasing number of couples are buying a home together before they get married. However, this can lead to some legal and financial complications.
It’s tough to say whether or not someone should or shouldn’t buy a property together before they are married. Everyone’s situation is different and every couple has a different dynamic. Some couples may be able to make this purchase together with zero problems, and others may be on the verge of breaking up and may believe a big joint purchase will stabilize them to keep them together. However, there are some precautions that every couple needs to take before making a joint purchase if that’s what they decide to do.
Some Precautions to Take Before Buying a House or Condo with Your Boyfriend/Girlfriend
First, if it is at all possible, make sure that both of your names are on any ownership and financing documents. This ensures that you both have legal control over the asset. It also prevents one party from potentially abandoning the relationship without having to suffer any of the financial consequences of paying for an asset. The worst-case scenario in this situation would be if one party were to abandon the relationship and not have their name on the property’s ownership. In that situation, it would be possible for them to stick the financial obligation on the other party, causing a huge and unmanageable expense.
Of course, the opposite could happen as well. It would also be possible for the legal owner of the property to evict their partner, causing that individual to become homeless and potentially lose possessions. Clearly, both these situations could leave one person in a disastrous situation, which is why having both parties in legal control is the best move to take.
Second, make sure that you are familiar with how the law treats unmarried couples before making a purchase. All fifty states have fifty different laws, and this is why it is so important to understand how your state would treat your relationship both before and after any marriage may occur. Remember, all states have different procedures for a variety of potential relationship circumstances, including common law marriage or no-fault divorce. Ensuring that you have an adequate understanding of these issues can prevent heartache and financial pain for both of you.
What rights do unmarried couples have in New York?
Generally, unmarried cohabitants do not enjoy the same rights as married individuals, particularly with respect to property acquired during a relationship. Marital property laws and other family laws related to marriage do not apply to unmarried couples, even in long-term relationships. The characterization of property acquired by unmarried cohabitants is less clear than that of married couples whose ownership of property is governed by marital and community property laws. Some property acquired by unmarried couples may be owned jointly, but it may be difficult to divide such property when the relationship ends. There is no obligation of financial support attached to a couple who cohabits, absent an agreement to the contrary. If you are financially dependent on a romantic partner and the relationship ends, the effects of the breakup can be much harsher.
Living together, or cohabitation, in a non-marital relationship does not automatically entitle either party to acquire any rights in the property of the other party acquired during the period of cohabitation. However, adults who voluntarily live together and engage in sexual relations may enter into a contract to establish the respective rights and duties of the parties with respect to their earnings and the property acquired from their earnings during the nonmarital relationship. They may also agree to pool only part of their earnings and property, form a partnership or joint venture or joint enterprise, or hold property as joint tenants or tenants in common, or agree to any other arrangement.
Other legal issues that may affect cohabiting couples include estate planning and medical care. Generally, someone who cohabits with another is not considered an heir under the law or has the same rights to make medical care decisions in the same manner as a spouse. Therefore, unmarried cohabitants may consider estate planning and power of attorneys in addition to having a non marital agreement.
COVID-19 has turned the world upside down, and the legal system in New York is no exception. Governor Cuomo and the New York State Chief Administrative Judge, Lawrence K. Marks, have issues several Orders pertaining to the laws in New York State and how same is being handled during this unprecedented time. .
Pursuant to those Orders, no new filings of legal actions, including divorces, can be filed at this time. Additionally, if you were served with a Summons and Complaint prior to the issuance of the order the time frame to respond to same is now suspended and tolled. The dates for discovery demands and discovery responses have also been suspended and tolled. However, a new divorce matter can be filed as long as it accompanied by a motion for an essential emergency matters as discussed below.
While the Courts in the state of New York are closed, motions for essential emergency matters are still being heard virtually, via Skype for Business, and in rare necessities in person. In the context of divorces, motions for essential emergency matters consist of temporary orders of protection (including but not limited to matters involving domestic violence), emergency applications related to the coronavirus. extreme risk protection orders (ERPO). If your issue is not one of the enumerated essential emergency matters, it can still be heard by a Judge is the Court deems essential.
As of April 13, 2019, Courts are also beginning to hear non-essential matters virtually as well. That means if you already have a matter pending in Court, you can reach out to the Judge presiding over your matter to schedule a Court conference via Skype for Business or telephone conference. However, in order to obtain a conference you case must warrant immediate court attention. An email can be Judge stating the reason a conference is being requested and the specific issues to be addressed and a description of what recent efforts have been made by the attorneys and/or litigants to address the issues. It will then be up to the Judge to determine whether or not the issue warrants a conference.
Despite the fact that Courts are closed, your divorce matter can still be settled whether you have case pending or not. Palermo Law, P.L.L.C. is open during normal business hours, which is Monday to Friday 9:00 A.M. – 5:00 P.M. Right now, we are also available weekends upon request However, due to the fact that the Governor has Ordered that 100% of the employees of all non-essential business have to remain home, we are currently working remotely. All communication shall take place via either telephone call or video conference. Legal documentation, such as Stipulations of Settlement to complete your divorce matter, can even be signed via video Conference as Governor Cuomo has issued an Executive Order allowing notarizations to be performed over video conference so long as certain steps are taken. Please contact our office in Order to speak to one of the attorneys regarding how we can help you with your divorce during this unprecedented time.