The first step toward divorce is difficult and not taken lightly. Decoupling and managing the separation, especially with children, can feel impossible. Then, there is the daunting legal process on top of an already unpleasant experience.

The divorce process is complex, even in the relatively simplest of cases. We specialize in contested and uncontested divorces: the procedure, the strategy, the negotiations and the expeditious processing of the paperwork. We coach you through how to handle your situation in a constructive manner, one that will continue to benefit you and your family over the long run.

Whether you are facing a contested or uncontested divorce, hoping to use mediation or needing to go through litigation, there are a couple of preliminary items to consider if you are filing for divorce in New York:

1 - Have you met the residency requirement in the state of New York?

2 - What are your grounds for divorce?

Schedule a free thirty minute consultation to learn more.

The distribution of property in a divorce is often a primary concern and can become quite complicated, especially when couples have accumulated a majority of their wealth during the marriage. Couples must first identify and quantify the value of marital property, and then determine how that property should be equitably divided.

In New York, marital property is divided equitably, which means it is divided fairly according to a set of factors the courts will apply to the circumstances. Equitable distribution does not necessarily mean “equal,” but for long-term marriages, equal distribution of marital property is often a starting point.

Of course, for couples who have a prenuptial or postnuptial agreement, distribution of property should be outlined in their agreement and, barring any defects in the agreement, those terms should be honored in the divorce.

There are thirteen factors that courts take into account while determining the equitable distribution of property. The court may also take “any other factor” it finds fair in arriving at equitable distribution. Weighing the factors and the unique circumstances of your case takes experience and expertise.

Our team of dedicated family lawyers and mediators can work with you to understand your rights to marital property and how to best achieve your desired outcome.

During The Pendency of the Divorce (“Pendente Lite” or “Temporary Maintenance”)

Temporary maintenance refers to the support provided by one spouse to the other during the pendency of the divorce action. There is a statutory formula for determining the amount, which also grants the court ample discretion to deviate from the amount, or the parties can negotiate and agree to the appropriate amount privately.

Post-Divorce Spousal Support (“Permanent Maintenance”)

Permanent maintenance refers to the support one spouse continues to pay the other after a divorce has been finalized. Similar to temporary maintenance, there is a statutory formula for determining the amount and duration, which also grants the court ample discretion to deviate from the amount, or the parties can negotiate and agree privately to the appropriate amount and for how long.

The most difficult part of divorce is dealing with the custody of your children. Often, parties are dealing with differences in parenting style, which can naturally feel like one is better than the other. The courts are looking for engaged, self-sacrificing parents and custody determinations are made according to the long-standing standard, the best interests of the child(ren).

The courts can consider a number of factors in determining the best interests of the child(ren), such as:

• which parent has been the main care giver/nurturer of the child

• the parenting skills of each parent, their strengths and weaknesses and their ability to provide for the child's special needs, if any

• the mental and physical health of the parents

• whether there has been domestic violence in the family

• work schedules and child care plans of each parent

• the child's relationships with brothers, sisters, and members of the rest of the family

• what the child wants, depending on the age of the child

• each parent's ability to cooperate with the other parent and to encourage a relationship with the other parent, when it is safe to do so

The factors listed above are in no particular order and the courts are generally very concerned with issues like alienation, disparagement and the ability of each parent to engage in coparenting with the other. Often, in highly contested cases, the courts will appoint an attorney to represent the children and give them a voice in the process, and can appoint a forensic evaluation of each parent’s fitness for custody. This process can leave a lot up to interpretation, especially when it comes to how your situation is represented in court.

Our team of experienced family lawyers can advise and represent you in and out of the courtroom to ensure your rights and your children’s rights are protected. Our clients count on us for expert legal counsel, and our representation extends beyond your legal needs to include your well-being and your relationships with your loved ones, especially your children.

Regardless of the relationship between the parents, or the relationship between a parent and a child, each parent has a legal responsibility to financially support his or her children. In the context of a non-married couple, there must be an establishment of paternity, either by the birth certificate, acknowledgment or by DNA test. For married couples, the paternal father is assumed to be the husband at the time of the child’s birth.

Generally, in the state of New York, child support is paid by the non-custodial parent. Basic child support (i.e. food, clothing and shelter) is generally calculated according to a statutory formula and is based upon the income of the parents. Under certain circumstances, the courts can deviate from the statutory formula and will often do so by “lifting the cap” on the income of the parties used in the calculation. Additional expenses such as childcare, medical insurance premiums and extracurricular activities are not part of basic child support and must be calculated separately.

Our team of experienced family law attorneys are here to protect and ensure the financial needs of your children are met,and that their well-being is put at the forefront of every discussion. Schedule a consultation to learn more.

Your circumstances may change after your divorce, such that you require a modification to the final divorce ruling. Or you may be in a position to defend and enforce the terms of your divorce against a request for modification.

Modifications to divorce judgements are often necessary due to one of the following factors:

• An involuntary change in income;

• The expressed wishes or needs of the children;

• The changed needs of one of the parties due to health issues.

You may also find yourself in need of having to re-engage a lawyer should your ex-spouse refuse to pay maintenance or support. In this case, you will need help with enforcing the terms of your divorce agreement or a decision and order of the court. In New York State, the enforcement remedies for maintenance include: obtaining a wage deduction order; obtaining a money judgment for the unpaid maintenance; holding the paying spouse in contempt of court and subjecting the paying spouse to jail, among other remedies.

Our team of experienced divorce attorneys can advise and represent you in and out of the courtroom to ensure your rights are protected. We will work closely with you to ensure that every angle and perspective of your situation is taken into consideration. Schedule a consultation to learn more.