Nassau County Divorce Lawyer

Divorces in Nassau County can look very different from one family to the next. Some spouses have already separated and agree on how to divide their property and share parenting time. Others still live under the same roof in Levittown, Garden City, or Massapequa while they disagree about the children, the house, a family business, or how much one spouse really earns. In a county where so many families chose their home for the school district, those disagreements often come down to where the children will live and learn.

When your marriage is coming to an end, it can feel as though every part of your life is suddenly uncertain. You may be worried about whether you can afford to stay in the house with its mortgage and property taxes, how your children will split their time between two homes, what will happen to the retirement savings you have been building for years, and how you will manage on a single income. We start by getting to know your family, your finances, and your priorities, so that we can recommend a path forward that fits your life.

Stephen Bilkis, the firm’s founder, has handled divorce, custody, support, and other matrimonial matters in New York for nearly 30 years. Together, the attorneys at Stephen Bilkis & Associates have more than 300 years of legal experience and have handled more than a combined 10,000 divorce consultations and cases. We look at the complete situation before recommending a strategy, so that the decisions made in your divorce reflect what is actually happening in your family.

Contested and Uncontested Divorce in Nassau County

Some Nassau couples settle every issue within a few weeks, while others are still arguing about the house and the children months after one spouse has moved out. Stephen Bilkis & Associates takes on both agreed and disputed divorces across Nassau County, from quick settlements to cases that go to trial. We start by finding out where you and your spouse already agree, because narrowing the dispute early saves time and money.

The difference between the two types of divorce comes down to whether any issue is still open:

• Uncontested divorce. An uncontested divorce is one in which both spouses agree on every issue, including property division, debt, spousal support, custody, and child support. Believe it or not, some Nassau County divorces are civil, and when you and your spouse agree on everything, we put the terms in writing so the divorce can usually be finalized without either of you going to court.
• Contested divorce. A divorce is contested if even one issue remains open. While some contested divorces are high-conflict, they don’t have to be, and sometimes the only disagreement is over a single issue. Either way, Stephen Bilkis and his team build the case through discovery, expert appraisals, and trial preparation while continuing to look for a fair settlement.

Nassau County divorces are handled by the Supreme Court’s Matrimonial Center at 101 County Seat Drive in Mineola. The Matrimonial Center houses all of the county’s dedicated matrimonial judges, along with Judicial Hearing Officers and Special Referees who handle many divorce matters. Your case may be heard by any of them, so we prepare you for the specific person who will decide it. Most contested cases still settle before trial, and a well-prepared case often makes a fair agreement easier to reach.

A question that comes up more often than people might expect is whether a divorce can be stopped if the couple reconciles. The answer is yes. As long as the judgment of divorce has not been signed, both spouses can agree to end the case, even after months of working through the issues. If they later decide to divorce after all, they would need to start over with a new case.

Temporary Support While A Nassau County Divorce Is Pending

A divorce can take months or longer, and in the meantime the mortgage, school tax bills, and everyday expenses do not stop. Stephen Bilkis & Associates asks the court for temporary orders that keep families stable while the case moves forward. We act early, because the arrangements put in place at the start of a case often set the tone for the rest of it.

Temporary orders can cover several urgent issues:

• Temporary maintenance. A spouse with lower income can ask for support during the case, generally calculated using New York’s guideline formula.
• Temporary child support. The court can order support for the children right away rather than waiting for the final judgment.
• The house and its bills. The court can decide who stays in the home and who pays the mortgage, property taxes, and utilities while the case is pending.
• Legal fees. A spouse with fewer resources can ask the court to have the other spouse contribute toward attorney’s fees.

These requests are usually made by motion, and in Nassau County they are decided by the judge assigned to your case at the Matrimonial Center. We prepare a clear financial picture, including pay records, the household budget, and the real carrying costs of the home. That way, the court can set temporary terms that are fair to both spouses and protect the children’s routine.

Who Keeps the House in a Nassau County Divorce?

For many Nassau County families, the house is both their largest asset and the place where their children have grown up, and the idea of giving it up can be heartbreaking. Stephen Bilkis helps spouses who want to keep the family home and spouses who want to be fairly paid for their share of it. Before a client commits to a decision, we look carefully at whether keeping the house is realistic, given the mortgage, some of the highest property taxes in the country, insurance, and upkeep.

The court may award the house to one spouse and offset its value with other assets, order it sold and the proceeds divided, or allow a parent with the children to stay there for a period of time. For example, a mother in Merrick may want to stay in the house until her youngest child finishes high school, but she may not be able to afford to buy out her husband’s share right away. In that situation, we would ask the court to delay the sale of the house. We would show that she can cover the mortgage and taxes, and that staying put keeps the children in the same school district through graduation. Once the youngest graduates, the house would be sold and the proceeds divided, or she could buy out her husband’s share at that time.

If one spouse owned the house before the marriage, the other spouse may still have a claim to part of any increase in value. That claim usually comes from marital contributions, such as mortgage payments made with marital income or a major renovation. Stephen Bilkis and his team obtain appraisals and mortgage and payment records so that each spouse’s share of the equity is calculated accurately.

Many Nassau families also want to know what happens to the dog or cat that has been part of the household for years. New York courts now consider the pet’s best interest when deciding which spouse keeps it. Spouses can also agree on who will keep the pet and whether the other spouse will have time with it.

Dividing Property in a Nassau County Divorce

Watching the savings, retirement plans, and property you built together over many years be divided in two can be one of the most stressful parts of a divorce, and mistakes made now can affect your finances for decades. The experienced Nassau County divorce lawyers at Stephen Bilkis & Associates handle property disputes involving savings and investments, retirement plans and pensions, small businesses, professional practices, and real estate. Our approach begins with a complete inventory of every asset and debt so that nothing is missed, undervalued, or quietly moved.

New York divides marital property through equitable distribution, meaning a fair division that is not necessarily equal. Marital property generally includes anything acquired during the marriage, no matter whose name is on the title. Separate property, such as property owned before the marriage, inheritances, and certain gifts, generally stays with the spouse who owns it.

According to the New York State Department of Health, 2,085 divorces were granted in Nassau County in 2022. About three in ten of them ended marriages that had lasted 20 years or more, when retirement savings have had decades to grow. Pensions earned during the marriage by Nassau County teachers, police officers, and other public employees are generally marital property, and they are divided through a court order that the pension system must approve.

When a spouse may be hiding assets or underreporting income, Stephen Bilkis and his team review tax returns, bank and brokerage statements, and business records. When necessary, we use subpoenas and forensic accountants to trace and value them.

Some clients worry that a spouse’s affair will change how their property is divided. Usually it will not, because New York courts generally do not consider marital misconduct when dividing property unless the conduct is so extreme that it shocks the conscience. However, if a spouse spent marital money on an affair, the court may take that spending into account.

Alimony and Spousal Maintenance in Nassau County

A spouse who stayed home to raise the children or put a career on hold may feel frightened about covering basic expenses after the divorce, while the spouse with the higher income may worry about payments that make it impossible to start over. Stephen Bilkis stands up for spouses on both sides of maintenance disputes in Nassau County. The firm makes sure the court sees an accurate picture of each spouse’s income, expenses, and ability to earn, so that any award is fair and realistic.

Maintenance, which used to be called alimony, can be paid while the divorce is pending, after it is final, or both. New York uses a formula based on both spouses’ incomes to calculate a guideline amount, and the length of the marriage helps determine how long payments may last.

A judge may depart from the guideline amount when it would be unjust, considering factors such as each spouse’s age, health, earning capacity, and career sacrifices made for the family. For example, a spouse who left nursing years ago may need time and training to return to work at one of Long Island’s large hospital systems. We gather the evidence needed to show how long that transition will realistically take.

Child Custody in Nassau County

Few parts of a divorce feel more personal than deciding how much time you will spend with your children and who will be there for the school concerts, Little League games, and everyday routines that fill their week. Mothers and fathers across Nassau County turn to Stephen Bilkis when custody and parenting time are in dispute in Nassau County Supreme Court or Nassau County Family Court. The firm focuses on building a parenting arrangement that keeps you involved in your children’s lives and gives them a dependable routine.

New York courts decide custody based on the best interests of the child. When custody is part of a Nassau County divorce, it may be heard in the Matrimonial Center’s Model Custody Part, which focuses on parenting disputes. Judges there look at questions like these:

• Who has been doing the parenting? The court considers which parent has handled meals, homework, doctor visits, and other daily care.
• How stable is each home? The court looks at whether each household can give the children a safe, consistent place to live.
• What does the child need and want? The court weighs the child’s needs and, depending on age and maturity, the child’s own wishes.
• Will each parent support the other’s relationship with the child? The court favors a parent who encourages the children’s bond with the other parent.

For many Nassau County families, a parent’s LIRR commute into the city also plays a role in designing a realistic schedule. A parent who gets off the train at Hicksville at 7 p.m. may not be able to handle weeknight pickups, but can still have meaningful time on weekends and holidays. Some cases also involve a forensic evaluation or an attorney for the child, and the experienced Nassau County divorce lawyers at our firm prepare clients for those interviews and address findings that are incomplete or unfair.

Child Support in Nassau County

Whether you are worried about covering the cost of raising children in one of the most expensive counties in the country, or about being ordered to pay more than you can afford, child support can feel like it will determine your family’s future. At Stephen Bilkis & Associates, our attorneys help both parents who are seeking support and parents who have been asked to pay it. Our approach begins with identifying each parent’s full income, including overtime, bonuses, and business earnings, rather than relying on a single pay stub.

New York requires parents to support their children until age 21. Basic child support is generally a percentage of the parents’ combined income up to a statutory cap, and the percentage increases with the number of children. The court may also divide costs such as childcare, health insurance, uncovered medical expenses, and in some cases education.

Income is harder to pin down for self-employed contractors, landscapers, and owners of small shops along Hempstead Turnpike. When a parent earns cash or has cut back on work to lower support, we examine business records, bank deposits, and spending habits. When the evidence supports it, we ask the court to base support on the income the parent is capable of earning.

Divorce Mediation in Nassau County

Many couples want to spare their children the conflict of a courtroom battle and keep more of their savings for the life that comes after the divorce. Stephen Bilkis & Associates advises spouses who choose mediation and helps others weigh whether it makes sense for their family. Our goal is to support a cooperative process while making sure you understand your rights before you commit to any agreement.

A mediator helps spouses negotiate, but because a mediator is neutral, they cannot give legal advice to either spouse. The experienced Nassau County divorce lawyers at our firm can prepare you before each session, explain how a proposed term compares with what a court would likely order, and review the final agreement before it becomes binding. For couples who still share a house in a community like Wantagh or Syosset, mediation can be a practical way to decide who stays, when the house will be sold, and who takes the kids to Saturday soccer at Eisenhower Park.

Mediation is not suitable for every family. It may not be appropriate when there has been domestic violence or when one spouse knows much more about the family’s finances than the other. We will let you know if another approach would better protect your interests.

Prenups and Postnups in Nassau County

Finding out what a prenup really says can be a shock when a marriage is ending, especially if you signed it years ago without giving it much thought. Stephen Bilkis & Associates reviews prenuptial and postnuptial agreements for Nassau County spouses, whether the goal is to enforce one or to challenge it. Our first step is to read the agreement line by line and compare it with what each spouse actually owned and earned when it was signed.

In Nassau County, these agreements commonly cover a family-owned business, a house on the North Shore near Old Westbury Gardens, or savings meant for children from an earlier marriage. A court will not automatically enforce every agreement, and it may be set aside in situations like these:

• It was not signed correctly. New York requires these agreements to be signed and formally acknowledged, much like a deed, and a missing step can make the agreement invalid.
• One spouse hid money. An agreement signed without honest financial disclosure may be open to challenge.
• It was signed under pressure. An agreement obtained through fraud or duress can be set aside.
• The terms are unconscionable. A court may refuse to enforce terms so one-sided that no reasonable person would have agreed to them.

Court orders entered after a divorce can also stop fitting your life. Support, custody, and parenting time orders can generally be changed when circumstances have substantially changed, such as when a parent retires and moves to Florida. We help clients show the court exactly what has changed and why a new order is needed.

Request a Free, No-Obligation Consultation with Stephen Bilkis & Associates

Contact the experienced divorce attorneys serving Nassau County at Stephen Bilkis & Associates today for a free consultation at 800.696.9529. Tell us what is happening in your marriage, whether a court date or temporary order is already in place, and what you hope to accomplish. We will go over your situation and identify the next steps that may be available. Early action matters, because the decisions you make at the start of a divorce, such as leaving the house or moving money out of shared savings, can affect how your case turns out.

Behind the attorneys you will work with is a founder whose work has been recognized by respected legal organizations. Stephen Bilkis has been selected to the New York Super Lawyers list, which honors the top 5% of attorneys in the state. Avvo rates him Excellent, Justia has named him a Top-Rated Lawyer, and he has also been recognized by Expertise.com and TopLawyer.com.

Stephen Bilkis & Associates helps families throughout Nassau County, from Hempstead and Garden City to Massapequa and Great Neck. The firm also works with clients across New York City and the rest of Long Island.