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Divorces can be emotionally and legally complex, touching on the things that matter most. While any court case comes with a certain level of uncertainty, you can navigate the process with confidence by working with a skilled Setauket divorce lawyer who understands divorce laws and how to protect your rights and interests at every step. During a challenging time, skilled representation provides the support and encouragement you need to see your case through.
Since 2005, business owners, executives, and other high-earning spouses in Setauket have turned to The Levoritz Law Firm for trusted support and proven results. We understand the stress that can accompany a divorce filing and are committed to providing you with exceptional legal services focused on protecting your parental and property rights. Setting our law firm apart is our unique approach to managing divorces.
While other firms rely on the same strategies in court, we are always willing to take a fresh approach to solving complex problems. You work directly with your attorney to create a proactive approach that highlights your interests. Our creativity and proven results have earned us recognition from prominent groups. Trust our law firm to explore every viable strategy for achieving your goals in court.
| Year | Total Dissolutions | Divorces | Annulments & Other Decrees |
|---|---|---|---|
| 2023 | 3,512 | 3,508 | 4 |
| 2022 | 2,878 | 2,876 | 2 |
| 2021 | 2,586 | 2,584 | 2 |
| 2020 | 2,106 | 2,102 | 4 |
| 2019 | 2,229 | 2,227 | 2 |
*Data sourced from the New York State Department of Health Vital Statistics (Suffolk County).
Divorces are heard by the New York Supreme Court, and the nearest such courthouse to Setauket is located at 400 Carleton Avenue in nearby Central Islip. Before the divorce can be finalized, all assets and properties tied to the marital estate must be accounted for and classified as separate or marital property. The estate is then divided according to New York’s equitable distribution rules, which focus on fairness and not necessarily dividing an estate 50/50.
Divorces with one or more children require both parents to agree on custody and visitation rights. If they cannot come to an agreement, a judge may decide those matters based on the best interests of the child. Other topics that may be addressed in a divorce include child and spousal support. Child support is commonly set with the higher-earning spouse paying regular amounts.
New York’s divorce rate of 2.4 per 1,000 residents means that many married couples find themselves going to family court in any given year. While divorce isn’t easy for anyone, high-net-worth spouses often face unique challenges. The divorce rate in New York aligns with the national average, which is also 2.4 per 1,000 population.
One such challenge often deals with accounting for assets and properties in high-value estates. The average home in Setauket is $807,499, and homes are often only one of many assets for high-net-worth couples. Any party claiming that an asset is separate property has the burden of proving their claim.
Divorcing spouses may also face difficult decisions regarding family businesses. Some spouses may opt to buy out the other’s stake in a company, while others may decide to retain joint ownership over a company.
Child and spousal support matters in Setauket can also become complex when both parties are used to a high standard of living. Legal representation can play a crucial role in resolving these and other challenges associated with high-value estates.
If you and your spouse share children, you have to produce a custody agreement for those children during the divorce process. It is important to have a formal agreement in place that defines how custody should be shared between both parents. If you are unable to reach an agreement together, the court can decide on a custody arrangement based on the best interests of the child. The court decides two types of custody:
Both types of custody can be awarded as sole or joint custody. Joint custody means both parents have to make decisions together, whereas sole custody means only one parent is the legal decision-maker.
If one parent is awarded sole physical custody, it means the child lives with them the majority of the time, and that the other parent can petition for visitation rights. As long as the court doesn’t deem a parent unfit, they have the right to visitation. Other relatives, such as grandparents or siblings, can also petition the court for visitation.
Once child custody has been established, the court has to decide the issue of child support payments. Under New York’s Child Support Standards Act, child support is calculated as a percentage of both parents’ combined incomes. New York has an income cap of $193,000 for these payments, but the courts can decide to disregard this cap and base child support on the parents’ actual incomes. Percentages are based on the number of children, as such:
Child support payments are calculated as a yearly amount based on the combined incomes of both parents. Once the yearly amount has been determined, the percentage each parent is responsible for is based on their individual incomes. In New York, child support payments continue until the child turns 21 years old.
In addition to child support payments, one spouse may be required to provide maintenance payments to the other spouse. There are two types of spousal maintenance recognized in New York:
Similar to child support payments, New York has an established income cap of $228,000 when determining spousal maintenance payments. However, the court has the ability to award maintenance based on actual income over the cap, based on the judge’s discretion. The length of payments is calculated as a percentage based on the total length of the marriage, as follows:
An experienced Setauket divorce attorney can help you calculate potential spousal maintenance and child support payments so you have a better understanding of any financial obligations you may face in the future. Similarly, your divorce attorney can help you estimate any potential payments you may expect to receive from your spouse.
One of the few documents that can alter the divorce process in New York is a prenuptial or postnuptial agreement. When drafted properly, these agreements outline how financial issues between a couple are to be handled during the marriage and in the event of a divorce.
The only difference is when the agreement was created. Prenuptial agreements are created before the couple is legally married. Conversely, a postnuptial agreement is created after the couple has already been married. These documents override the standard equitable distribution of marital assets practiced within the court.
To be legally binding, a prenuptial or postnuptial agreement has to be in writing, signed by both spouses named in the agreement, and properly acknowledged before a notary public. Both spouses also have to enter into the agreement willingly and fully aware of the contents of the agreement.
Same sex couples have faced many challenges when it comes to marriage and divorce. Given the relatively short amount of time since same sex couples have been able to legally marry in New York, there are still many challenges when it comes to getting a divorce. Two main challenges could affect your divorce as a same sex couple. These challenges are:
Whether you live in East Setauket, Old Setauket, or Strong Neck, your top priority when going through a divorce should be to hire a divorce lawyer who understands New York’s complex divorce laws and how to protect the interests of clients at every step of the process. Legal representation allows you to understand how your divorce case could unfold and what outcomes are possible.
Finding the right Setauket divorce attorney can play a crucial role when it comes to protecting your parental and property rights. Lawyers are skilled negotiators and seasoned litigators who can direct your divorce to a favorable outcome by taking decisive action when needed to achieve your aims.
Debts are divided along the same guidelines that govern the division of assets and properties. When a debt is acquired during the marriage, it belongs to both spouses, regardless of who applied for the line of credit or loan. As such, it is divided fairly during the divorce process.
Debts acquired during the marriage without the knowledge of the other spouse are still considered marital property. Any debts acquired after a formal separation would likely be considered separate property.
You can get an annulment instead of a divorce in Setauket if your case qualifies. Annulments are reserved for specific situations where a marriage is invalidated, either due to one party’s lack of consent at the time of marriage, fraud, or another legal basis. Being granted an annulment effectively means the marriage never occurred because it was not lawful. There are potential advantages and disadvantages in seeking an annulment over a divorce.
The courts determine whether a prenuptial agreement is enforceable in Setauket based on numerous potential factors. A judge may review whether both parties signed the agreement with full knowledge of what they were doing and after full financial disclosures were provided. The agreement must be in writing and properly executed. The terms cannot be unconscionable.
If your spouse is hiding assets during a divorce in Setauket, they could face serious penalties. The family courts take any intentional acts of deception or misrepresentation seriously. If evidence is presented that shows one spouse hid assets rather than disclosing them to the court, they could face penalties or even be found in contempt of court.
The experience and strength of your family law attorney can greatly influence the outcome of your divorce. When you work with The Levoritz Law Firm, you benefit from our decades of combined legal experience and tireless advocacy for the rights and interests of our clients.
We take the time to learn about our clients’ goals and concerns before tailoring the right legal strategy to achieve their aims in court. We do not hesitate to file first when decisive action is called for. We offer in-depth consultations that allow us to fully understand your interests and goals during the divorce process. Contact our office today to schedule your consultation and secure the high-quality legal representation you deserve.
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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