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Overview | Practice Areas
Pursuant to Section 170 of the New York State’s Domestic Relations Law, grounds are necessary to obtain an uncontested or contested divorce. An uncontested divorce is when both parties consent to the divorce together will all other issues including, but not limited to, child custody and support, maintenance (commonly known as “alimony”) and the division of the marital property. In most cases, the time frame for an uncontested divorce ranges between six weeks to four months from the time the uncontested package is filed with the Court. Contested divorces are lengthier than uncontested matters and on average range from eight months to several years depending upon the complexity of the case. If an agreement can be made and the divorce is therefore uncontested, the divorce can often be obtained without either party going to court. Instead, the papers are submitted for signing. However, if a settlement is not possible despite all efforts, our experienced attorneys will zealously represent you to the conclusion of your case. You can be sure of knowledgeable and prompt responses to all of your questions whether they are simple or complex. Paternity cases can occur in several ways. In any case where a child is born outside of marriage, the parties must either sign an acknowledgement of paternity or commence a lawsuit to obtain an order of filiation (paternity) from the Court. When a child is born of the marriage neither an acknowledgement nor an order of filiation is necessary since the child is presumed to be of the marriage. Either a mother or father can commence a lawsuit for paternity. Each party may be entitled to have a DNA blood genetic marker test to assist in the determination of parentage. Although the blood test is considered strong evidence towards a finding of paternity, each side is still entitled to a hearing prior to a final determination by any court. Once a court finds paternity, each party is afforded equal rights to the child. CHILD SUPPORT, MAINTENANCE & ALIMONY
There are many types of custodial arrangements in New York. Sometimes, one party is granted sole physical custody and the other party is granted visitation. Other times, the parties are granted joint custody whereby decision-making is shared and the time the children spend with each party is divided equally. In other instances, physical custody may remain with one parent, however the decision-making may be joint or made by the party not having primary physical custody. If after commencing a lawsuit the parties are unable to agree on the terms of custody and visitation, the court will usually appoint a law guardian to represent the child(ren) and order forensics (a psychological report) to evaluate the parents and the child(ren). Due to the cost and expense of custody litigation as well as the toll on the parties, the issue of custody is often consented to by the mother and father. SEPARATION AND DIVORCE AGREEMENTS Many clients decide to enter into a written Separation Agreements prior to commencing an action for divorce. The Separation Agreement can include all of the terms necessary including, but not limited to, child and spousal support, custody and visitation, life insurance, cost of college education, medical insurance and the division of marital property. In addition, even after a lawsuit for divorce is commenced, clients often enter into written Stipulations of Settlement to resolve their cases without a trial. The same issues set forth above concerning Separation Agreements are also covered in a Stipulation in addition to the costs in some instances of counsel fees. Entering into an Agreement allows the parties to set their own terms instead of having a Judge make the determination. Consent Agreements often save money to the litigants at the time of the making as well as provide protection in the areas most important to a client. However, if no settlement is possible after reasonable attempts have been exhausted, our firm will of course seek relief including whatever hearings or trials are necessary to obtain the best result for you. The courts issue orders of protection to protect the health, safety and welfare of a certain class of related people. An order may vary from exclusion from the marital household or possibly an order allowing the parties to remain living together with a directive to one party not to harass the other party. In New York, a victim of domestic violence can seek relief in the civil courts as well as the criminal courts. A case can be pending in the Family Court and Criminal Court at the same time. The victim makes the choice. An order of protection may be granted on consent or after trial. MODIFICATION AND ENFORCEMENT OF PRIOR COURT ORDERS Sometimes after orders are entered by the Court or agreements are made by the parties, one party or both fails to comply with the terms and it becomes necessary to seek the services of a lawyer to force compliance according to the original terms. This can occur in many areas, including, child support, custody, equitable distribution or any other provision in a settlement agreement or court order. In addition, at other times, parties seek to make modifications to the court orders or prior agreements based upon changed circumstances since the entry of said order or the making of the prior agreement. Often the only way to protect your assets and/or or awards from the Court is to retain an experienced matrimonial and family lawyer. At any time after your divorce, either party may decide to seek the court’s intervention concerning any order or agreement entered at the time of the divorce. It could be something as simple as terminating child support or enforcement regarding the sale of the marital residence or any other assets subject to equitable distribution. Our attorneys will be there to assist you again after the divorce if it becomes necessary. We will of course seek by way of letters, phone calls and other methods to obtain compliance prior to filing any suit. PRE-NUPTIAL AND POST-NUPTIAL AGREEMENTS Prior to a marriage and sometimes after a marriage, a couple will decide to sign a pre-nuptial or post-nuptial agreement. This is usually done to protect assets owned prior to the marriage and to avoid costly litigation in the event of the termination of the marriage. These agreements can often be prepared quickly and give each spouse the peace of mind prior to marriage or any break down of the marriage, that in the event the marriage does end, many of the financial decisions will have already been made. Attorney Advertising
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