Property Settlement Lawyer Nassau County

Many Nassau County divorce cases resolve property issues through a negotiated settlement agreement rather than a trial. Law Offices Of SRIS, P.C. assists clients with negotiating, drafting, and reviewing property settlement agreements that address the division of marital assets and debts. A property settlement, sometimes incorporated into a broader stipulation of settlement, can resolve equitable distribution issues without the need for a contested hearing in Nassau County Supreme Court. Every settlement is built around the specific assets and circumstances of the marriage. To discuss a property settlement matter, call (888) 437-7747 to request a scheduled consultation.

On this page

How Property Settlement Agreements Relate to Equitable Distribution

When spouses negotiate a property settlement, they are generally reaching their own agreement on issues that a court would otherwise decide under Domestic Relations Law § 236(B)(5), which directs that marital property be distributed equitably based on a list of statutory factors, including each spouse’s income and property at the time of the marriage and at the commencement of the action, the duration of the marriage, contributions to the marriage including as a homemaker, the liquidity of assets, tax consequences, and any wasteful dissipation of marital funds, among other factors. A negotiated settlement allows spouses to reach terms tailored to their specific assets and debts rather than leaving the outcome entirely to a judge’s application of these factors after a contested hearing.

Formalizing a Property Settlement Under New York Law

A property settlement or stipulation of settlement resolving equitable distribution issues is treated similarly to other matrimonial agreements under Domestic Relations Law § 236(B)(3): to be enforceable, it generally must be in writing, signed (subscribed) by both parties, and acknowledged or proven in the manner required to record a deed. Terms must be fair and reasonable when made and not unconscionable at the time enforcement is sought. Once signed, a property settlement is typically submitted to Nassau County Supreme Court, located at 100 Supreme Court Drive, Mineola, NY 11501, as part of the divorce action for incorporation into the judgment of divorce. The Law Offices Of SRIS, P.C. does not guarantee any particular outcome in the negotiation or enforcement of a property settlement, and results depend on the specific facts of each case.

Negotiating a Property Settlement Outside of a Contested Hearing

Before negotiating a property settlement, both spouses in a New York divorce are generally required to exchange a sworn statement of net worth disclosing their income, assets, debts, and expenses. This disclosure gives each side a factual basis for negotiating how marital property will be divided under the framework set out in Domestic Relations Law § 236(B)(5). Property settlement negotiations may take place directly between the parties’ attorneys, through mediation, or through a settlement conference held as part of the Nassau County Supreme Court divorce proceeding. Once the parties reach agreement on all property issues, the terms are generally reduced to a written stipulation of settlement that meets the same formal requirements under Domestic Relations Law § 236(B)(3) as other matrimonial agreements. The signed settlement is then submitted to the court for review and, if approved, incorporated into the judgment of divorce, at which point its terms become part of the enforceable court order.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. and a former prosecutor. He is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris attended George Mason University, where he developed a background in accounting and information systems. The firm was founded in 1997 and has been practicing family law matters, including property settlement negotiations, since that year.

The firm’s Of Counsel attorneys also assist clients with property settlement and other family law matters in Nassau County and throughout New York. Law Offices Of SRIS, P.C. does not offer free consultations; prospective clients may request a scheduled consultation by calling the firm’s intake line, which is staffed 24/7. The firm does not maintain a physical location in Nassau County, and its principal office is in Fairfax, Virginia, available by appointment.

Frequently Asked Questions

What is a property settlement agreement?

A property settlement agreement is a negotiated contract between divorcing spouses that resolves how marital property and debts will be divided, generally in place of having a court decide the issue after a contested hearing.

Is a property settlement agreement enforceable in New York?

Generally, yes, when the requirements of Domestic Relations Law § 236(B)(3) are met: the agreement is in writing, signed by both parties, and acknowledged in the manner required to record a deed, with terms that are fair and reasonable when made.

How does a property settlement relate to equitable distribution factors?

A settlement lets spouses agree on outcomes that a court would otherwise decide by applying the statutory factors under Domestic Relations Law § 236(B)(5), such as the duration of the marriage and each spouse’s contributions.

Where is a property settlement filed in a Nassau County divorce?

A property settlement is typically submitted as part of the divorce action pending in Nassau County Supreme Court, located at 100 Supreme Court Drive, Mineola, NY 11501, for incorporation into the judgment of divorce.

Can a property settlement be changed after it is signed?

Modifying a signed property settlement generally requires the agreement of both parties or a court finding related to fairness or unconscionability; provisions involving child custody or support remain separately subject to court modification.

Does the firm offer a free consultation for property settlement matters?

No. The firm does not offer free consultations. Prospective clients may call (888) 437-7747 to request a scheduled consultation.

Does the firm have a physical office in Nassau County?

No. The firm does not maintain a physical location in Nassau County. The firm’s principal office is in Fairfax, Virginia, and is available by appointment.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

Attorney advertising. Prior results do not guarantee a similar outcome.