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Staten Island Family Law: Our Divorce Lawyers Can Help You Get The Life You Deserve

Q: Can I file for divorce in New York?

You or your spouse needs to have resided in New York for a specific period of time before you can file for divorce in New York. In general, if either you or your spouse has resided in New York for two years, you can file here. This amount of time can be reduced to one year if: The cause of action occurred in New York, You were married in New York, or You lived in New York as husband and wife. Additionally, if the cause of action occurred in New York, and both spouses are New York residents, then you can file in New York. Since this can be complicated and the rules vary for other states, we can help you determine if you can file for divorce in New York.

Q: Can I move out of New York with my child?

If you have primary custody of your child, you must obtain court permission to move out of state — or the court’s jurisdiction — with your child. This can be achieved by gaining the other parent’s permission and then filing with the court. When that is not possible, you can take your case to court to get your custody and visitation arrangement modified.

Last updated on December 11, 2024

Since 1985, the legal team at Angiuli & Gentile, LLP, has guided people just like you toward a better life. Our family law attorneys and divorce lawyers are here to inspire you with a vision for a new and brighter future. When you are at a crossroads in your life with a family law challenge, our Staten Island lawyers have the experience and wisdom to guide you in making informed decisions with certainty and a sense of calmness.

Full-Service Family Law Representation

Our team assists clients in Staten Island, New York and the surrounding areas with family law issues and answers their questions about the legal process. Our far-reaching family law practice provides representation in a variety of areas, including:

Child custody: Custody disputes are among the most contentious of family law issues. Our lawyers can assist with all types of custody issues, from parental alienation and relocation to scheduling vacations and determining the appropriate type of custody arrangement.
Child support: Child support amounts are determined by following the New York child support guidelines, which provide a formula based on income and other factors.
Divorce: Our attorneys handle all types of divorce, including contested, uncontested and high-asset divorce cases.
Enforcement of court orders: Whether you are looking to enforce a child custody, visitation or child support court order or have been accused of violating a court order, our team can help you.
Spousal maintenance: The amount of spousal maintenance or alimony that you or your spouse will receive depends on a number of factors, including income, age, education, health and years of marriage.
Post-decree modifications: In certain situations, it may be possible to change child support, child custody or spousal maintenance amounts by seeking a post-decree modification. Our lawyers can help you through this process of modifying the terms of your divorce.
Prenuptial and postnuptial agreements: Our team drafts comprehensive prenuptial and postnuptial agreements for couples before marriage and during the marriage.
Property division and equitable distribution: The division of marital assets and properties is an essential component of any divorce. Our attorneys can assist with all aspects of property division, including the valuation of business interests, retirement accounts and real estate.

Family law and divorce issues are stressful and emotional. It is difficult to think about having to hire a lawyer. However, an experienced family law attorney can ease your stress by guiding you through the legal process. You can rest easier, knowing that our divorce lawyers will protect your rights and be strong advocates for your best interests.

To schedule a consultation with an experienced family law attorney, call our Staten Island office at 347-201-4447. You can also reach us using our online contact form.

Answers To Your Divorce And Custody Questions

Our divorce lawyers and child custody attorneys know that you are going through an emotional and confusing time. Here, they answer some of the most frequently asked questions about the legal process. Each case is different. If you still have questions about your specific situation, we invite you to schedule an initial consultation appointment.

When is it advisable to consult with a family lawyer?

It’s always best to consult with a Staten Island family attorney early on when facing a family law issue. An experienced attorney can advise you of your rights and options, guide you through the legal process and help you achieve the best possible outcome for your situation. Here are some situations where consulting a family lawyer is advisable:

You’re considering divorce or legal separation.
You’re facing child custody disputes or need to establish paternity.
You have questions or concerns about child support or spousal support (alimony).
You’re experiencing domestic violence and need legal protection.
You need assistance with adoption or navigating the family court system.

Even if you and your spouse are amicable about separating, consulting with separate Staten Island family law attorneys can ensure your rights are protected and the terms of your agreement are fair. Don’t hesitate to contact Angiuli & Gentile, LLP, to schedule a consultation and discuss your specific family law needs.

Can I file for divorce in New York?

In general, if you or your spouse have resided in New York for two years, then you can file for divorce in the state. This amount of time can be reduced to one year if:

The cause of action occurred in New York.
You were married in New York.
You lived in New York as husband and wife.

Additionally, if the cause of action occurred in New York and both spouses are New York residents, then you can file in New York.

Since this can be complicated and the rules vary for other states, our lawyers can help you determine whether you are eligible to file for divorce in New York.

Do I need to have a reason or grounds to get a divorce in New York?

In New York, you no longer need to have grounds to file for divorce. Instead, you can file for divorce if there has been an irretrievable breakdown of the marriage that has lasted for at least six months. This is now the most common reason for divorce in New York.

The traditional grounds for divorce still exist. As a result, a divorce can be filed without waiting six months if one spouse:

Committed adultery
Was treated cruelly or inhumanely
Was imprisoned for three or more years
Abandoned their spouse for at least one year

You can also obtain a divorce if you have been legally separated for at least one year.

How much does a family lawyer typically cost in Staten Island?

The cost of hiring a Staten Island family lawyer can vary depending on the complexity of your case, the attorney’s experience and the specific family law services required. Many family law firms, including Angiuli & Gentile, LLP, bill by the hour. Hourly rates can range from $150 to $400 or more per hour. Some lawyers may also offer flat fees for specific services, such as an uncontested divorce.

We recommend scheduling a consultation with a Staten Island family lawyer to discuss your case and get a clearer picture of the potential costs involved. At Angiuli & Gentile, LLP, we offer consultations to discuss your legal needs and provide a transparent cost estimate.

What is the general timeline for resolving your type of family law case?

The timeline for resolving a family law case can vary greatly depending on the specific circumstances. Uncontested divorces, where both spouses agree on all terms, can be resolved relatively quickly, sometimes in a few months. Contested divorces or cases involving complex issues like child custody disputes or significant assets can take much longer, potentially a year or more, to finalize.

During your consultation, a Staten Island family lawyer can provide a more accurate estimate of the timeline based on the specifics of your case. At Angiuli & Gentile, LLP, we strive to resolve your case efficiently while protecting your best interests throughout the process.

What are my rights regarding spousal support (alimony)?

In New York, spousal support (alimony) is awarded based on several factors, including the length of the marriage, the income disparity between spouses, the receiving spouse’s earning capacity and the standard of living established during the marriage. A Staten Island family law attorney can advise you of your rights and options regarding spousal support, whether you’re seeking or opposing alimony. We will work diligently to negotiate a fair alimony settlement that reflects your financial needs and circumstances.

How can I get a restraining order for domestic violence?

If you’re experiencing domestic violence, you can file for a restraining order in Staten Island Family Court. A restraining order is a court order that prohibits the abuser from contacting you or coming near you. Our Staten Island family law firm can guide you through the process of obtaining a restraining order and provide you with the legal support and protection you deserve. Remember, your safety is our top priority.

We understand that family law issues are sensitive and require personalized attention. If you have any questions or require legal representation, please get in touch with Angiuli & Gentile, LLP, to schedule a consultation with a Staten Island family law attorney.

How are vacation homes, investment properties and antiques divided in a divorce?

New York is an equitable distribution state. This means that all marital property – including antiques, vacation homes and investment properties acquired during the marriage – are divided equitably in a divorce. Equitable division is not simply a 50-50 split. The court will look at what is fair in your specific situation.

Can child support be adjusted for lifestyle?

In general, lifestyle is not a factor when determining child support. There are, however, some situations in which lifestyle will be considered in the calculation of child support. Additionally, a substantial change in circumstances may require a modification to an existing child support order. If you are looking to change child support, you should reach out to an attorney about your concerns and see if a modification will help with your case.

Can I move out of New York with my child?

Even if you have primary custody of your child, you must obtain court permission to move out of state – or out of the court’s jurisdiction – with your child. This can be achieved by gaining the other parent’s permission and then filing with the court. When that is not possible, you can take your case to court to get your custody and visitation arrangement modified.

Do I need an attorney for my divorce or custody case?

Even if you and your spouse can reach an agreement on the terms of your case, it is important to involve an attorney as early in the process as possible. Divorce and custody laws can be complex, and a lawyer can help to ensure that your rights – and the rights of your child if you are a parent – are protected at every turn.

In a contested divorce or a custody dispute, it is essential that you obtain representation. A lawyer can stand by your side and act as your advocate before the court. At Angiuli & Gentile, LLP, our experienced litigators can help you obtain your divorce or custody goals.

Consult A Staten Island Family Law Attorney

Our family law attorneys can answer your questions about your New York divorce, custody issue or family law challenges. Contact us to schedule a consultation with an attorney at our firm. You can send us a message through our website or call us at 347-201-4447.