Family Law in New York
When people envision family law, they often think of divorce attorneys. Family law is not just divorce court; a qualified family law attorney will also represent families or individuals in cases of
- child abuse and neglect,
- child support,
- custody litigation,
- custody modifications,
- emancipation of minors,
- fathers’ rights,
- grandparents’ rights,
- legal separation,
- pre- and postnuptial agreements,
- spousal abuse, and
- spousal support.
The matters of family law are varied and complex. Whether you’re seeking to expand your family by adopting a child or petitioning the court for an order of protection against an abusive partner, the process is emotional. You need a trusted family lawyer who knows the legal system, but also one to stand as your advocate and protect your rights.
Common Family Law Questions Answered by an Experienced Family Lawyer
If My Separation Agreement Gives Me Custody, Will the Same Be True When I’m Divorced?
The court is likely to continue an existing custody agreement from separation through divorce; provided it continues to be in the child’s best interest. One factor that the court weighs in making custody decisions is stability. If one parent has been absent as a caregiver for an extended period, the court tends to look more favorably on the parent who has given consistent and stable care. Each case is unique, but as a rule the court will favor the existing agreement.
Do I Need a Lawyer to File for Legal Separation?
No, but it is advisable. Legal separation is more than just no longer living together. There are often matters that need to be settled, such as division of debt and property, spousal and/or child support, and custody/visitation agreements. If you and your spouse can amicably hash these details out, you may not need a family law attorney; most couples when they reach the stage of legal separation benefit from having one.
You also need to think ahead to next steps. It is common for what is established in your separation agreement to stand as the terms of your divorce. If your marriage is headed in that direction, not only is it advisable to consult with a family law attorney in filing for separation, you and your spouse should each secure your own representation. However, if separation is a step you and your spouse are taking in hopes of reconciling, you may consider mediation or seeking out collaborative lawyers to assist you through the process.
How Are Marital Assets and Debts Divided in a High Asset Divorce Case if You’re Going Through a Mediation Process? How Are Marital Assets and Debts Divided if One or Both Spouses Decline Mediation?
Marital assets in a divorce are divided equitably. Equitably means fairly. Fairly is in the eye of the beholder. If the beholder is a judge, and the judge is making decisions for you, then it’s based upon testimony and evidence produced at a trial. Read More
How Would You Describe a High Net Worth Divorce Case? What Makes These Types of Divorces More Complex?
High net worth divorce cases are more complex due to high income and the considerable amount of assets that were acquired either before or during the marriage. What makes these types of cases so complex?
High net worth cases are more complex than those of marriages who are lower middle class due to the categorization of the assets and money within the marriage. Everything in this world is about money. Read More
How is Child Support and Spousal Maintenance Calculated in Any Divorce Case in New York?
It is important to note that spousal support is only applicable in certain cases. New York State has a calculator on the public domain at ww2.nycourts.gov that calculates maintenance for New York divorces. Read More
Hiring a New York State Family Law Attorney
Any family law case is likely to be bursting with emotion. You need a knowledgeable family law attorney that will serve as your advocate with your best interests in mind.
If you are searching for an experienced and affordable family lawyer in New York, call the Law Offices of Alan L. Finkel. Mr. Finkel is one of the top family law attorneys in the state, serving as a trusted family lawyer for 35 years. Call (631) 462-3100 today to schedule your complimentary 30-minute zoom consultation.
Contact Us Today (631) 462-3100
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“individual or as a couple”