Matrimonial Law Explained

Serving the Families of Suffolk County

Matrimonial law covers all legal issues pertaining to matrimony, including the nature of marriage, civil unions, and domestic partnerships. It also pertains to any issues that may arise during the course of a marriage, such as adoption, spousal or child neglect or abuse, and paternity discrepancies. There are other legal matters involved in matrimonial law that pertains to terminating a marriage.

For New York, the couple may not receive an annulment, divorce or separation unless they meet certain residency requirements, including at least one of the following:

• Couple was married in the state and one of the spouses has been a continuous resident for one year before filing
• Both husband and wife lived in the state and at least one spouse as lived in New York for one year before filing
• One of the spouses has had continuous residence for at least two years immediately prior to filing

In the state of New York prior to 2010, divorce was only recognized as it pertained to fault-based criteria. Then in August of that year, Governor Paterson authorized no-fault divorces into the state. The difference between the two is that fault-based grounds include issues such as abandonment, inhuman treatment, adultery and more than three years in prison contributing to the divorce. For divorce cases claiming no-fault, it simply means that the couple has come to irreconcilable differences for a period of time that has exceeded 6 months.

Uncontested vs. Contested Divorce

Couples can submit divorce papers to the court with all of their child custody and property division issues amicably agreed upon. This is called uncontested divorce and is often less messy than contested divorce situations. In contested divorce cases, the couple must submit grounds for divorce by providing factual evidence and a proper defense in order to tell the judge why they should receive certain visitation rights and child support. It is ultimately up to the court to determine spousal support, custody, equitable distribution, and parents’ rights.

Many people who will otherwise have few or no dealings with the legal or judicial system will have legal issues arise due to marriage or divorce. Family courts dealing with domestic issues often are the most crowded in any given geographical area. The legal aspects and repercussions of marriage, child-rearing, and divorce are many and diffuse and often require the legal assistance of a capable attorney.

Obtaining the Legal Representation You Need

Any number of legal questions may arise from a marriage or contemplated divorce, which need to be addressed or understood with the legal assistance of an experienced family law attorney such as Lynn Poster-Zimmerman. With more than 35 years of experience in the legal field, she can provide the legal answers and/or representation you may need concerning your marriage or divorce in Suffolk or Nassau County. She concentrates on matrimonial and family law in her practice. In each case she encounters, she emphasizes personalized service and attention to detail with all of her Long Island clients.

It is highly recommended that you contact a dedicated attorney at Lynn Poster-Zimmerman, PC to discuss your legal situation and to be informed of your legal obligations, rights, and options.