Focused matrimonial and family law representation across Long Island and New York. Every practice area below reflects our firm's exclusive dedication to family law — the matters that affect your children, your assets, and your future.
Aiello & DiFalco provides focused, strategic divorce representation for clients in Garden City and throughout Long Island. We combine practical legal guidance with a results-driven approach, helping clients protect their rights, their families, and their financial futures during one of life's most difficult transitions.
Divorce in New York involves the resolution of several critical issues, including the equitable distribution of marital property and debt, spousal maintenance (alimony), child custody and parenting time, and child support. Our attorneys bring decades of experience to every one of these issues.
New York became a no-fault divorce state in 2010, meaning either spouse may seek a divorce based on an irretrievable breakdown of the marriage lasting at least six months. However, no-fault grounds do not eliminate disputes over property, custody, or support — those issues still require resolution, either through negotiation, mediation, or litigation. Our firm prepares for all scenarios from day one.
Aiello & DiFalco represents parents in child custody and parenting time matters on Long Island and throughout New York. We help families resolve custody disputes while protecting parental rights and prioritizing the best interests of children.
New York courts distinguish between two forms of custody. Legal custody refers to a parent's authority to make major decisions about a child's education, healthcare, and religious upbringing. Physical custody (also called residential custody) refers to where the child primarily lives. Both can be awarded solely to one parent or shared jointly, and the appropriate arrangement depends on the specific circumstances of each family.
In New York, all custody decisions are governed by the "best interests of the child" standard. Courts consider a wide range of factors when determining what arrangement will best serve the child's well-being. These factors include:
Our attorneys understand the deeply personal nature of custody disputes. We advocate forcefully for your parental rights while keeping the focus where it belongs — on the well-being of your children.
Aiello & DiFalco represents parents in child support matters on Long Island and throughout New York. We help clients establish, modify, and enforce child support orders to ensure that children receive the financial support to which they are entitled.
In New York, child support is calculated under the Child Support Standards Act (CSSA). The formula applies a percentage to the combined parental income up to a statutory cap, with discretionary consideration of income above that threshold. The applicable percentages depend on the number of children involved.
In New York, child support generally continues until a child turns 21 or becomes emancipated — whichever occurs first. Emancipation can occur when a child marries, enters the military, or becomes financially self-sufficient.
Child support orders can be modified when there has been a substantial change in circumstances, such as a significant change in either parent's income, a change in the child's needs, or the passage of three years since the order was entered.
Use our Support Calculator to get an initial estimate based on New York's guidelines.
Aiello & DiFalco represents individuals and families in contested family law matters across Long Island and throughout New York. When negotiation and mediation fail — or when the stakes simply require aggressive advocacy — our seasoned litigators are prepared to fight for you in court.
Mary Ann Aiello has over 40 years of courtroom experience in New York matrimonial and family law courts. Michael DiFalco brings more than 15 years of trial experience, with a record of success in Nassau County Supreme Court, Suffolk County Supreme Court, and Family Courts across New York. Together, they approach every case with the thoroughness and preparation required to prevail at trial.
Not all family law cases can — or should — be resolved through negotiation. Litigation becomes necessary when:
We prepare every case — regardless of how we expect it to resolve — as if it will go to trial. This preparation strengthens our negotiating position and ensures that if a case does go to court, we are fully ready. Our clients benefit from thorough discovery, expert witness coordination, compelling trial presentations, and attorneys who know the courts and judges of Long Island and New York.
A prenuptial agreement (also called a premarital agreement or "prenup") is a legal contract entered into by two parties before marriage. It defines how property, assets, debts, and financial obligations will be treated during the marriage and in the event of divorce or death. A well-drafted prenuptial agreement can protect both parties, reduce conflict, and help ensure that a potential future divorce proceeds more efficiently and with less cost.
Aiello & DiFalco has extensive experience drafting and reviewing prenuptial agreements for clients throughout Nassau County and Long Island. Our attorneys provide thoughtful guidance to help couples approach this conversation constructively and with clarity about their rights and obligations under New York law.
For a prenuptial agreement to be enforceable under New York law, it must be in writing, signed by both parties, and acknowledged before a notary public in the same manner as a deed. It must not be the product of fraud, duress, or coercion, and it must not be unconscionable. Courts also examine whether both parties had the opportunity to review the agreement with independent counsel. Our attorneys ensure that every prenuptial agreement we draft meets these requirements and is positioned to withstand future challenge.
A postnuptial agreement is similar to a prenuptial agreement but is executed after the parties are already married. Like a prenup, a postnuptial agreement allows married couples to define how assets, debts, and financial matters will be handled — either during the marriage or in the event of divorce or death.
Postnuptial agreements are commonly used when spouses wish to revisit their financial arrangements following a significant life change, such as the birth of a child, a major inheritance, the launch of a business, a period of marital difficulty, or a significant shift in one spouse's income or career. They can also be used to confirm financial arrangements that were informally agreed upon before the wedding but never formalized.
Without a postnuptial agreement, New York's equitable distribution laws govern how marital property is divided in the event of divorce. Courts consider factors such as the length of the marriage, each spouse's income and earning capacity, contributions to marital property, and the tax consequences of distribution. A postnuptial agreement gives couples the ability to define their own fair arrangement in advance rather than leaving those decisions to a court.
Aiello & DiFalco assists couples on Long Island and throughout New York with divorce and family law mediation. Mediation is a voluntary, confidential process in which a neutral third party (the mediator) facilitates discussions between the parties to help them reach mutually acceptable agreements — without the need for court intervention.
Mary Ann Aiello is a certified mediator with decades of experience guiding couples through the mediation process. She understands that for many families, a non-adversarial resolution — one that preserves civility, reduces stress, and protects children from prolonged conflict — is a far better outcome than a contested courtroom battle.
Collaborative divorce is a structured process in which both spouses and their respective attorneys commit in writing to resolving all divorce issues without court intervention. Additional collaborative professionals — such as financial neutrals, mental health professionals, and child specialists — may also participate. The collaborative process is particularly well suited for couples who want to maintain a working relationship after divorce, especially when children are involved.
Our attorneys are skilled in both mediation and collaborative practice, and can help you evaluate whether either approach is appropriate for your situation.
Contact Aiello & DiFalco LLP today to discuss your situation and learn how we can help protect your rights and your family's future.