Divorce Mediation Long Island for Nassau County

How is a Nassau County divorce different from a Suffolk County divorce?

Is divorce in Nassau County any different from divorce in Suffolk County, or anywhere else in New York? It is true that the same divorce laws with respect to custody of children, child support, distribution of assets and liabilities, and all the other issues that you have to decided in a Long Island divorce are the same throughout New York State. But each county has its own informal approach that determines what a court might do in your case. The divorce courts have a great deal of discretion, expecially with respect to spousal maintenance, that is, support payments from one of you to the other.

What about maintenance in a Nassau County divorce? Do I have to support my former wife (or husband) and for How Long?

The reality is that a Nassau divorce court is more likely to award higher maintenance amounts than a Suffolk divorce court, and certainly greater than the upstate divorce courts.  That is because the average income in Nassau county is higher than most of New York State, and higher than that of Suffolk county, right next door. It is also true that the cost of living can be higher than elsewhere, other than New York city.

Courts have a great deal of discretion in awarding maintenance, and so the experiences of the judges who live and work in Nassau County are going to influence their decision. There are guidelines for maintance, but they are so vague that a divorce court can justify just about anything.

What about the “One for Three Rule” In a Nassau County Divorce?

I often have clients ask me about the “rule” that the wife gets one year of maintenance for three years of marriage. Is that really a rule? It is a rule of thumb that lawyers often throw around, but there is no such rule in the divorce laws. Maintenance is designed to help the non-monied spouse get back on her (or his) feet after years of remaining in the home — typically raising children. It is not a  payment for years served. If your incomes are similar an award of maintenance is unlikely.

How Does Divorce Mediation Long Island Deal with Maintenance in a Nassau County Divorce?

Divorce Mediation Long Island offers the two of you a chance to control the issue of support, rather than just taking your chances on the opinions of judges and lawyers. Certainly, they are well meaning, but how can they know what is best for the two of you? In Divorce Mediation Long Island you can sit down face to face and look at the needs and resources of each of you. You can fashion a plan that lets you both live and get on with your lives — and the lives of your children — based on your own decisions, not just hoping for the best in a courtroom.

 
Email us or phone us to make an appointment, for more information, or if you have a question.