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Considering A No Fault Divorce in Suffolk County?

No Fault Divorce in Long Island A new law went into effect in October 2010 which drastically changed the grounds for divorce in New York State. Under Domestic Relations Law 170(7), New York permits a divorce to be granted based on the fact that the marital relationship “irretrievably broke down” for a period of at least six months immediately prior to the commencement of the divorce action. This new law permits an individual to commence a divorce action solely based on the fact that the relationship between the husband and wife has broken down irretrievably so as to render it improper for the parties to cohabit as husband and wife.

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In essence, this means that for the first time in New York State one party does not necessarily need to be deemed at “fault” for the deterioration of the marriage. Pursuant to New York State law, the original fault based grounds such as adultery, abandonment, cruel and inhuman treatment, and imprisonment still in effect, but now they are not the only grounds available for a spouse seeking to end a marriage. In fact, most Court’s will not even entertain a divorce in New York State under any of the “fault” grounds anymore. This is due to the fact that proceeding under “fault” typically causes the other spouse to contest the grounds which may significantly delay the divorce proceedings unnecessarily.

No-fault divorce is a simple solution which permits either spouse to commence a divorce action without having to accuse the other spouse in court of adultery, abandonment, imprisonment, or cruelty which avoids unnecessary time and expense investigating issues which ultimately only prolong litigation and deter settlement between the parties. Regardless of the reason for the deterioration of the marriage, it is more important to focus on the actual settlement terms such as custody of the minor children of the marriage, child support, spousal maintenance, and equitable distribution of marital assets.

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Although a divorce may now be obtained in New York without requiring that one party was “at fault,”there are many other complex factors that must be considered and resolved in each case. If you and your spouse have children, issues of custody, visitation, and child support must be resolved prior to obtaining a divorce. Additionally, you and your spouse must come to an agreement regarding spousal maintenance and the distribution of any and all marital assets and debts. This can become a bit complex when you and/or your spouse have significant assets such as real estate, own a business, and have retirement accounts such as deferred compensation plans, 401k plans, or pensions.

At the same time the no-fault divorce law was enacted, the Legislature also passed laws affecting child support, spousal maintenance, and the payment of counsel fees. These new laws drastically affect how matrimonial cases are handled in New York State Courts. In some instances, the spouse with the larger income also known as the “monied spouse” is required to pay temporary maintenance to the non-monied spouse. Another aspect of these new laws is that in some cases the monied spouse may be responsible for a portion of the other spouse’s attorney fees in an effort to balance the financial disparities between the parties.

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Voted “Best Divorce Attorney” of LI

It is important to utilize the experienced divorce attorneys at Zimmer, Mathiesen and Associates in order to ensure that you receive all of the money that you are entitled to under New York State law. If your husband or wife is the monied spouse, our attorneys will work hard to make sure that you receive temporary and long term spousal maintenance and are awarded the appropriate amount of counsel fees.

New York State affect everyone differently. The divorce attorneys at Zimmer, Mathiesen & Associates have exclusively practiced in the matrimonial and family law field for more than twenty years. These experienced attorneys handled hundreds of no-fault cases and are well-versed in handling all of the complex and sensitive issues that arise in this field.

In order to help you understand the implications and effects New York State’s No Fault Divorce Laws, please give the divorce lawyers at Zimmer, Mathiesen & Associates a call at 631-493-0278 and we will be happy to arrange a free consultation to answer and all questions you may have regarding the new no fault divorce laws.

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The best legal team ever!

avvo-badgeAfter doing extensive research and my due diligence to find the right firm for me, Todd J Zimmer and Associates was 100% the right decision. I intially spoke with Todd who was sincere and sympathetic to my situation being I had a premature daughter and was heading into a custody battle. He said that his associate Stephanie Mathiesen would be representing me and assured me she is GREAT at what she does! I could write over and over praise for Stephanie, but for me the fact that my family and friends whom have stood by me during this difficult time have basically looked at Stephanie as a apart of my family instead of just being my lawyer. She has a passion and drive to do what is right for her clients, she has a amazing way of taking a hectic situation and pacifying it with out diminishing its seriousness. She has firey way about her and gets it DONE! She’s responds to all my emails and phone calls ASAP. All these stories and negative stigmas about attorneys are with out a doubt negated by Stephanie and the Zimmer Firm.

Justin M.

Mr. Todd J. Zimmer is the greatest divorce attorney!

avvo-badgeI can’t express enough how pleased I am with the services I received from Mr. Zimmer and his staff! This has by far been the most difficult period in my life. His caring demeanor and his professional staff made it so much more easier to deal with this awful period in my life. Mr. Zimmer was always there when I needed to speak with him. He took his time explaining the whole process step by step. He is such a hard worker and cares about his clients. He will fight for you and get you everything you deserve and more! I highly recommend Mr. Zimmer!

Carrie M.

Effective, helpful, caring attorney

avvo-badgeWhen dealing with the many unexpected twists and turns of a divorce, you need a law firm that is able to explain it all to you. Todd Zimmer and his staff were ever ready to respond to my questions and concerns. Todd emailed me himself on several occasions after 1 in the morning just to make sure I understood the next step. He walked me through the process, helped me feel at ease, and ultimately got me everything I needed in my settlement. He has even been available to answer questions and assist me after my divorce was finalized.

Donna B.

A True Solace

avvo-badgeI just finished my divorce case and wanted to write a well deserved review for my lawyer, Todd J. Zimmer and his exemplary staff. They are truly a unique law firm that was attentive to my every need and concern while my wife and I were going through such a difficult time. Their attention to the details of my case, and ensuring I was well looked after 24/7 was a true illustration of the dedication of Mr. Zimmer and his caring staff, who each were beyond wonderful. There are not enough good words that can describe the care and professionalism that Todd. J Zimmer and his staff provide. Thank you Todd, as well as the rest of your staff for assisting me during such a chaotic time in my life. You delivered on everything you promised me and kept me grounded throughout my case. I also appreciated that while you were tough, you showed my wife great care and respect. I told you when we first met that was important to me and you never forgot. Thank you for everything!

Sammy G.

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