Divorce and Family Law

THIS FIRM HAS OVER 25 YEARS LEGAL EXPERIENCE IN AGGRESSIVELY REPRESENTING CLIENTS IN ALL ASPECTS OF MATRIMONIAL AND FAMILY LAW, INCLUDING NEGOTIATIONS, INVESTIGATIONS, SETTLEMENTS, MEDIATIONS AND TRIALS.

The areas include grounds for divorce, separation or annulment, when children are involved, custody, visitation and support, orders of protection when necessary, and distribution and allocation of properties and liabilities. This Firm also represents clients for Pre-Nuptial Agreements. The Firm will provide you with our legal opinion based upon our many years of experience and understanding of the seriousness and importance of matters involving the marriage and children prior to undertaking your case. We also offer mediation services. Once we take your case, we will advocate aggressively on your behalf.

Divorce is a dissolution of a valid marriage. New York requires that you have grounds for a divorce. In New York, there are six (6) grounds for divorce. The grounds are set forth in the Domestic Relations Law (DRL) §170. The grounds include adultery, cruel and inhuman treatment and abandonment. New York also recognizes a no-fault divorce, namely the parties living separate and apart for one (1) year pursuant to and in compliance with the terms of a validly executed Separation Agreement. In addition to a divorce, the parties may seek a separation either by obtaining a Judgment of Separation or entering into a valid Separation Agreement in which all the rights and obligations of the parties are set forth.

If there are children of the marriage, issues of custody, visitation and support arise and must be resolved. There no longer is a presumption to custody. Parents are presumed to have equal rights and responsibilities for their children. The Court's look to what is in the best interest of the children, commonly called "the best interest standard " in determining child custody. The Courts do not look to what is in the parents' best interest. The wishes of a child may be taken into consideration depending upon the age of the child. There are different types of custodial arrangements. The parties may agree on different types of custodial arrangements such as joint custody or shared custody, but after trial a Judge may only order sole custody.

Only a custodial parent is entitled to receive child support. The custodial parent is entitled to and has standing to bring an action for child support either in the Supreme Court or the Family Court. See DRL §240 and Article IV of the Family Court Act. The law is commonly known as the Child Support Standards Act (CSSA). See DRL §240(l)(b). The CSSA sets forth the percentage of income (guidelines) to be paid and factors to consider in awarding child support. Courts are not allowed to deviate from the Guidelines except in situations in which application of the Guidelines would be unjust or inappropriate.

Both an award of custody and a judgment of support are always subject to modification based upon a subsequent change in circumstances which must be alleged and proven. The parties may opt out of the Child Support Standards Guidelines and must prove their reason for so doing.

A spouse may be entitled to spousal maintenance (formerly known as alimony). Spousal maintenance unlike child support is not based upon a statutory guideline, rather the number of payments of and the amount of maintenance, are determined by consideration of multiple factors, including the prior standard of living, the respective ages and health, length of the marriage, the parties' ability to earn money in the future and either parties' dissipation of assets. Child support, unlike spousal maintenance, is not tax-deductible.

If the parties have assets or property, there must be a distribution of the property. There cannot be a distribution of property unless there is a judgment dissolving the marital relation between the parties. New York State defines assets as either separate or marital for purposes of equitable distribution. The property must be classified and then distributed to do equity between the parties. In New York, property is not automatically divided equally, but is divided to do equity between the parties taking into consideration all the facts presented.

If you would like to learn more about Matrimonial and Family Law or know your rights, please contact the Firm at 516.248.2727