Protecting Your Finances, Your Children, and Your Future Through Divorce
Divorce in New York means dividing property, resolving support, and building workable arrangements for your children, all under state law and the oversight of the Supreme Court. The Saul Law Firm helps individuals and families across Long Island and the greater New York City area move through each step with clarity and confidence. As an experienced Long Island divorce attorney, Gail B. Saul leads a skilled team of legal professionals as we work to protect your finances, your parental rights, and your future while keeping the process as efficient and respectful as your situation allows.
Why Long Island Families Choose The Saul Law Firm
The Saul Law Firm is a husband-and-wife practice built on the simple idea that our family is serving yours. Clients work directly with attorneys who know them by name, not by a file number. We pair compassionate, personalized guidance with the negotiation and litigation strength your case may require.
- Led by a Super Lawyers-recognized matrimonial attorney who heads the firm’s divorce and family law practice.
- Deep experience with complex issues such as high-net-worth property division, QDROs, and support disputes tied to Long Island’s cost of living.
- Comprehensive representation that continues after judgment, including modifications, enforcement of orders, paternity, and domestic violence matters.
- Strategic insight into Nassau, Suffolk, and NYC family courts, grounded in years of practice before local judges and court staff.
- Integrated firm that can address overlapping legal needs, from divorce and custody to real estate closings and basic estate planning when your family situation changes.
We welcome clients from every background, including high-net-worth couples and LGBTQ+ families throughout Nassau County, Suffolk County, and the five boroughs. From your first confidential consultation, we explain your options in plain language and stand beside you whether your case is settled at the negotiating table or decided in the courtroom.
How Does Divorce Work in New York?
New York offers both no-fault and fault-based grounds for divorce. Most cases today proceed on the no-fault ground, which requires one spouse to state under oath that the marriage has broken down irretrievably for a period of at least six months. Fault grounds remain available as well, including cruel and inhuman treatment, abandonment for one or more years, imprisonment for three or more consecutive years, and adultery, although these are rarely used.
Only the New York State Supreme Court can grant a divorce. You cannot end a marriage in Family Court, though Family Court can handle related matters such as support and custody. To file, you or your spouse must meet New York’s residency requirements. In most cases, that means living in New York continuously for at least one year when the marriage has a connection to the state (for example, you married here or lived here as a couple), or for at least two years when there is no such connection.
How Is Property Divided in a New York Divorce?
New York is an equitable distribution state, which means marital property is divided fairly, though not always equally. Marital property generally includes assets acquired by either spouse during the marriage, regardless of whose name is on the title. Separate property, such as assets owned before the marriage, gifts from someone other than a spouse, inheritances, and compensation for personal injuries, usually stays with the spouse who owns it.
Courts weigh many factors when dividing property, including the length of the marriage, the age and health of each spouse, and contributions made as a wage earner or homemaker. Our attorneys help you identify, value, and protect your interest in marital assets and debts, from real estate and retirement accounts to closely held business interests.
How Is Spousal Maintenance Determined?
Spousal maintenance, sometimes called alimony, may be awarded while a case is pending or after the divorce becomes final. New York applies a statutory formula based on both spouses’ incomes. The guideline amount is calculated using the paying spouse’s income only up to a cap that the state adjusts on a set schedule, and a judge has discretion over support based on income above that cap. The length of the marriage guides how long payments continue.
The formula produces a presumptive amount, but a court can adjust it when strictly applying the guideline would be unjust or inappropriate. Courts may weigh factors such as each spouse’s age and health, present and future earning capacity, and the standard of living established during the marriage. We help clients pursue fair maintenance and support arrangements, challenge unreasonable demands, and plan for lasting financial stability after divorce.
How Are Child Custody and Support Decided?
Custody decisions turn on the best interests of the child. A court considers factors such as each parent’s home environment, the child’s relationship with each parent, and each parent’s ability to meet the child’s daily needs. We help parents establish legal and physical custody and parenting plans that give children stability during a difficult transition.
Child support follows the state’s Child Support Standards Act. A court combines the parents’ incomes and applies a set percentage based on the number of children: 17 percent for one child, with higher percentages for additional children, rising to 25 percent for two, 29 percent for three, and 31 percent for four. That amount is then shared between the parents in proportion to their incomes. Support may be ordered as part of the divorce.
Divorce Mediation and High-Net-Worth Cases
Not every divorce needs to become a courtroom battle. Gail B. Saul is a Certified Matrimonial Mediator who helps couples resolve their differences privately and cost-effectively through divorce mediation.
Notwithstanding the foregoing, when negotiation is not enough, we are fully prepared to advocate for you at trial.
We also have extensive experience with high-net-worth divorces involving multiple properties, business ownership, investment portfolios, and deferred compensation. In these cases, we collaborate with financial professionals to value complex marital estates and pursue a fair, well-supported distribution.
Speak With a Long Island Divorce Lawyer Today
Divorce marks the beginning of a new chapter, and the right attorney can make that transition steadier and more secure. Contact The Saul Law Firm today to schedule a free, confidential consultation and learn how we can help you protect what matters most.
Frequently Asked Questions About Divorce in New York
Do I need a reason to file for divorce in New York?
No. New York allows no-fault divorce, so you can end your marriage by stating under oath that the relationship has broken down irretrievably for at least six months. Fault grounds such as abandonment and cruel and inhuman treatment remain available but are used less often today.
How long must I live in New York before filing for divorce?
In most situations, at least one spouse must have lived in New York continuously for one year, provided the marriage has a connection to the state. When neither spouse meets that condition, one spouse must have lived in the state for at least two years before filing.
Will our divorce have to go to trial?
Not necessarily. Many divorces are resolved through negotiation or mediation, which are often faster, less costly, and more private than litigation. When a fair agreement cannot be reached, our attorneys are ready to protect your interests in court.