Rockville Centre Divorce Lawyer

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Experienced Divorce Attorney in Rockville Centre, NY

High-net-worth spouses often face unique challenges when going through a divorce. Whether your primary concern is protecting valued assets or making sure that you maintain meaningful visitation time with your child, a Rockville Centre divorce lawyer can help you protect what matters most in court. Legal representation plays a crucial role during negotiations and hearings that determine property division, custody arrangements, and spousal support.

An Award-Winning Family Law Firm Focused on High-Value Divorces

Since 2005, The Levoritz Law Firm has provided exceptional legal services for executives, business owners, and other high earners going through a divorce in Rockville. We take a hands-on approach to managing complex cases while focusing on protecting the rights and interests of our clients at all times. We understand the stress that comes with ending a marriage and are committed to streamlining the process so you can move forward with confidence.

High-net-worth divorces present unique challenges, which is why we allocate considerable time and resources to managing these cases. When you work with our law firm, you gain the support of compassionate and knowledgeable advocates who are willing to go the extra mile when finding the right strategy to achieve your aims in court. Our track record of success is due to our practice of strategic filing to protect your assets and custody rights.

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Understanding Divorces in Rockville Centre

Whether you live in Old Canterbury, Mill River, or another neighborhood in Rockville Centre, your divorce is likely to involve dividing the marital estate, establishing custody rights, and considering spousal support. The divorce rate across New York is 2.4 per 1,000 residents, and many of those cases involve complex disputes. The divorce rate in New York aligns with the national average of 2.4 per 1,000 population.

Property division is decided based on the state’s equitable distribution laws, which require the marital estate to be divided into marital and separate property. Custody matters are based on the best interests of the child. If parents cannot come to an agreement on physical and legal custody rights, the courts play a more active role in making those decisions based on the best interests of the child.

When filing for divorce in Rockville Centre, you have to travel to the Nassau County Supreme Court Matrimonial Center, located at 101 County Seat Drive in Mineola. The local Village Court in Rockville Centre does not have the jurisdiction to handle divorces. All divorce petitions are handled at the county level.

Common Challenges High-Earning Spouses Face in a Divorce

Divorces are never easy and often require emotionally challenging decisions. High-earning couples can face unique challenges when it comes to property division and other matters that are commonly addressed during a divorce. Dividing a large estate, for example, can require accounting for complex investments and numerous properties. High-value estates can also motivate your spouse to try and hide assets and debts from financial disclosures.

High-net-worth couples can face unique considerations when establishing spousal and child support due to considerations of spouses and children maintaining their current standard of living. Spouses going through a complex divorce may also have concerns about their spouse’s honesty and transparency on financial disclosures. A divorce involving high-value assets may also have unique tax-related considerations.

Spousal Support and Maintenance After Divorce

During the divorce process and after the divorce is finalized, one spouse may still require the assistance of the other spouse to maintain the same standard of living they enjoyed while married. Although they are usually temporary, these payments could last for years after the divorce is finalized. New York uses two types of spousal maintenance:

  1. Temporary: Maintenance received during the divorce process is considered temporary maintenance. This type of maintenance ends once the divorce is finalized.
  2. Post-divorce: After the divorce has been finalized, if the couple has agreed to maintenance payments or the court has ordered maintenance, these ongoing payments are considered post-divorce maintenance.

When calculating maintenance payments, New York recognizes an income cap of $228,000. However, the court can decide to increase the amount of spousal support beyond this cap at the discretion of the judge. The amount of any court-ordered child support payments is also taken into consideration when deciding maintenance payments. The length of payments is determined by the number of years a couple was married, based on a set formula:

  • For 1 to 15 years of marriage, maintenance lasts for 15% to 30% of the length of the marriage.
  • For 16 to 20 years of marriage, maintenance lasts from 30% to 40% of the length of the marriage.
  • For more than 20 years of marriage, maintenance lasts from 35% to 50% of the length of the marriage.

Child Custody and Visitation Issues During Divorce

During the divorce process, if the divorcing couple has minor children together, a custody arrangement has to be established. The couple can agree on custody arrangements together, or a judge can rule on a custody arrangement that is in the best interests of the child. Two types of custody have to be determined:

  • Legal custody gives the parent the right to make important decisions for the child, such as where they go to school, which extracurricular activities they can participate in, and if they attend a religious institute.
  • Physical custody describes the child’s living arrangement: The parent who houses the child more than half of the time is considered the custodial parent, and they have the right to make day-to-day decisions for the child.

There are two main ways custody is divided. Both parents can be awarded joint custody and have the same right to make decisions for the child, or one parent can be awarded sole custody, which excludes the other parent from making decisions for the child.

Understanding Child Visitation Rights for Non-Custodial Parents

When considering physical custody, if both parents are awarded equal time, they have been awarded joint physical custody, and the child spends roughly half of their time living with each parent. When one parent houses the child more than 50% of the time, they have sole physical custody of the child. The non-custodial parent can petition for visitation rights to see the child.

Non-custodial parents have the right to visitation with their child unless the court has decided that visitation would be harmful to the child. Visitation decisions are made using the same best interests of the child standard that is considered when making custody determinations.

Unlike with custody, other family members can petition the court to award visitation time if it would be in the best interests of the child. In some cases, grandparents or siblings may petition the court to secure visitation with the child.

Child Support Guidelines in New York

Child support payments are calculated under guidelines created by the Child Support Standards Act. In New York, child support payments are required until the child turns 21 years old. When calculating child support payments, combined income is capped at $193,000, but the judge has the discretion to consider any income over this cap when determining payment amounts. Child support percentages are based on the number of children receiving support, as follows:

  • One child receives 17%
  • Two children receive 25%
  • Three children receive 29%
  • Four children receive 31%
  • Five or more children receive at least 35%

When calculating child support payments, the combined income of both parents is considered when determining the annual support amount that should be received. Once the annual amount has been determined, the court calculates what percentage each parent is responsible for based on their individual incomes.

Prenuptial and Postnuptial Agreements in Rockville Centre

When a divorce petition goes to court, the judge distributes marital property based on the practice of equitable distribution. Under this method, the judge decides on a fair distribution, not an even distribution. One of the few ways to change how marital property is distributed is if you have an established prenuptial or postnuptial agreement. These are:

  • A prenuptial agreement is created before a couple marries. This agreement outlines financial issues a couple may face during the marriage or during a divorce and the methods the couple has agreed to use to handle these issues.
  • A postnuptial agreement is created after a couple has married. This agreement works in the same way as a prenuptial agreement, but can be created at any time during the marriage.

When a prenuptial or postnuptial agreement exists, your Rockville Centre divorce attorney can verify if the agreement is legally binding. If the agreement was not created appropriately, it may be possible to challenge the agreement in court. If the agreement is legally binding, your divorce attorney can make sure that the terms of the agreement are followed.

Unique Issues for Same Sex Couples During Divorce in Rockville Centre

In addition to the challenges of a high-asset divorce, same sex couples face additional challenges compared with opposite sex couples when divorcing. Two common problems include:

  1. Determining when the marriage officially started: Since same sex couples could not always marry, there can be discrepancies when determining a fair start date for the relationship. Couples who have been together for many years before having the ability to marry may argue that they were living as a married couple long before the official wedding.
  2. Child custody issues are also common: If the couple has minor children together, but only one spouse has officially adopted them, or one spouse is the biological parent, it can raise issues when determining child custody arrangements and whether the other parent is legally entitled to custody or visitation rights.

Why You Should Hire a Divorce Lawyer?

Going through a divorce without support from a Rockville Centre divorce attorney can lead to unfavorable outcomes that could jeopardize your parental and property rights. When you hire a divorce lawyer in Rockville Centre, NYC, you gain the support of an advocate who understands New York’s divorce laws and how to manage complex divorce cases.

Legal representation provides the advocacy needed to address complex property division challenges and custody disputes while making sure that you meet filing deadlines. Whether your divorce resolves through mediation, negotiations, or strategic litigation, having a trusted advocate by your side makes sure that your rights are protected throughout the process.

FAQs About Rockville Centre, NYC Divorce Laws

How Do I Find the Right Divorce Lawyer in Rockville Centre?

You can find the right divorce lawyer in Rockville Centre by taking the time to ask friends and family for referrals. If that does not lead to a quality referral, you can look online for local law firms that focus on family law. Look for a lawyer who has several years or longer of experience. They should have earned recognition for their work and posted online reviews from past clients.

Do All Rockville Centre Divorce Lawyers Understand High-Net-Worth Divorces?

No. Not all Rockville Centre divorce lawyers understand high-net-worth divorces. Only certain firms focus on those types of complex cases. High-net-worth divorces require an understanding of the unique challenges high-earning couples face with regard to their privacy, child custody considerations, tax considerations, and other factors. By working with a law firm that has vast experience handling those matters, you can finalize your divorce while protecting those interests.

How Do I Keep My Finances From Becoming Public Record in Rockville Centre?

While it is not always possible to keep all of your financial information private, there are ways to limit the public’s access to your financial information in Rockville Centre. One key consideration is finding ways to keep financial information from becoming public domain. Court hearings and trials become court records that can be accessed by the public. An attorney can help you focus on negotiations and mediation to prevent personal information from becoming public information.

What Money Cannot Be Touched in a Divorce in New York?

Separate property cannot be touched in a divorce in New York. This includes gifts, inheritances, and anything that you owned before you entered the marriage. Under New York law, separate property is owned outright by one party and is not lumped into marital property. If disputes arise over the classification of property, your attorney can present evidence to show that certain assets or properties are not subject to division in a divorce.

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Legal Guidance in Divorce and Family Matters.

Protect What Matters Most: Contact The Levoritz Law Firm Today

Going through a divorce in Rockville Centre, especially if you own a large estate, can come with a level of uncertainty. When you secure representation from The Levoritz Law Firm, you gain the support of a team of seasoned litigators. We can take steps to protect you from false complaints in court that could potentially deprive you of access to your child or children while addressing complicated financial challenges.

Our many years of experience representing business owners, executives, and high-net-worth couples allow us to address unique challenges they face during a divorce. Whether you are primarily concerned about protecting assets or safeguarding your rights, we welcome you to contact our office to speak with one of our lead attorneys so you understand your options.

Rockville Centre, NYC Divorce Law Resources

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Yonatan Levoritz who has more than 20 years of legal experience as a divorce & family attorney.

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