Our firm helps clients with the following in Family and Marital law matters:
These crucial agreements help couples begin their married lives with a secure feeling imparted by an open approach to their finances. Old family assets are protected and the individuals know what financial security they can expect.
These agreements, executed after marriage by couples to determine the rights to any property upon death or dissolution of marriage.
A married couple can legally separate by executing a mutually agreed upon instrument or upon a court order. This agreement gives the parties the necessary “cooling off” period with an opportunity to workout financial arrangements in the interim.
A divorce is dissolution of a marriage by a court of law. The following are grounds for divorce in the state of New York:
- Cruel and inhuman treatment;
- Imprisonment for 3 or more years; and
- Abandonment for one or more years
“No Fault” Based:
- Living apart for one year under a separation agreement signed by the parties; and
- Living apart for one year under a separation judgment issued by a court of law
During divorce proceedings the issue of child custody and visitation arises. If the couple cannot mutually agree on child custody and visitation, then the court determines the custody of the child. The court primarily takes the best interests of the child along with many other factors into consideration before determining the custody of the child and the visitation rights of the parents.
A non-custodial parent is liable to provide support for the child until the child attains the age of 21, unless the child becomes emancipated before attaining the age of 21. Emancipation could include marriage, full-time employment, or entering into the military service. Child support in the state of New York is calculated pursuant to the Child Support Standards Act.
In the state of New York, spousal support is called maintenance (formally called alimony). Maintenance is an allowance that a spouse pays to the other for support and maintenance while they are separated or after they are divorced. The court determines the amount and duration on a case-by-case basis.
Usually a couple in their married life is likely to acquire assets together. In case of dissolution of the marriage, the marital assets have to be valued and divided in a manner that is fair and also taking the needs of both parties into consideration. In the state of New York, if the parties cannot divide their assets, the court distributes equitably (not necessarily evenly) all marital properties based on many factors.
These are issued by a court of law in order to protect a spouse or child or both from the threat of physical harm and/or harassment.
An individual can opt to change his/her name for a number of reasons. A petition should be filed requesting a name change. This procedure will also require publication of the essence of the petition in a newspaper designated by the court.