You can bring a legal proceeding for violation of a Court Order and that violating parent could potentially be found in contempt of Court. For example in a custody matter, the violating parent could potentially be incarcerated for violation of a court order.
Repeated violations of Court Orders by a custodial parent could lead to a temporary or permanent change of custody. My office takes domestic violence very seriously and I have successfully represented abused women and men in Family Offense proceedings. Furthermore and unfortunately, there are times when someone is falsely accused of abuse and they are forced to go to court to fight their Order of Protection case.
I have won cases of this type and would be happy to help. For your convenience, we offer free phone consultations for your NY uncontested divorce.
She is well versed in drafting complex pre and post judgment motions as well as nondissolution applications. She also counsels clients in negotiating and drafting marital settlement agreements. In Nicole became an accredited New Jersey Family and Divorce Mediator and is able to serve both individuals and attorneys in this capacity. Prior to joining the firm, Nicole served as a law clerk to the Honorable Katherine R.
Dupuis, P. While many divorces and cases can be settled amicably, it is to your benefit to have a lawyer stand up for you and your children. At the Law Offices of Brian D. We also understand the difficulties and confusion that the majority of family law cases present. That is why our team of professional attorneys strives to provide each individual client with the knowledge, communication, attention and dedication they deserve. We value our clients and we fight for successful case results.
The Law Offices Jonna Spilbor is the founding attorney at Jonna Spilbor Law. An experienced trial lawyer, she has served as a contributing attorney and legal analyst for the Fox News Channel and has lent her voice to various publications, such as Variety Magazine, The New York Times, CNN, and others.
Jonna also hosts and co-hosts several radio shows in the Poughkeepsie area. Her firm assists clients with criminal defense, family law, estate planning, personal injury, and more. Palm Springs Office concentrates primarily on divorce, custodial arrangements and disputes related to real estate and probate, as well as family-owned business and vacation homes. His firm provides all legal services pertaining to Matrimonial Practice.
He has earned highest regards from both clients and peers. Jason D. Jones, P. Within estate planning, Jason works primarily in drafting wills and revocable trusts. Prior to founding the firm in January , Jason trained with highly experienced estate practitioners at Heidner Law Firm P. Such proceedings included kinship proceedings, guardianship proceedings, will contests, and contested accountings. Valerie S. For the past 30 years Valerie Wolfman Esq. Many of her cases have International components, including issues such as whether a French or Chilean or Swiss pre-nuptial agreement is valid; whether a divorce should proceed in France, New York or Australia, whether the mother may relocate the residence of the child away from the father.
She has also litigated Will contests and has proven heirship with the aid of a genealogist and has been a guardian in guardianship Equitable Distribution covers all assets that were attained from the date of marriage and forward.
There can be issues of valuation of the assets. There are two types of Spousal Maintenance; Rehabilitative and Permanent. The court will place a time period on this type of maintenance, if they believe the party can reestablish their career, and this is called Rehabilitative Maintenance. If the court believes there is no opportunity to reestablish the lost career or establish a career for this spouse, the court may issue a Permanent Maintenance order, which is paid for the lifetime of the spouse.
There is no alimony in New York State. An Order of Protection can result when an emotional situation either erupts in violence or the threat of violence. Many times the allegations are of Domestic Violence i.
These cases have to be handled with particular care because the testimony to the Family Court or Divorce Court Matter can be used in a prosecution by the office of the District Attorney. This is called a modification. This is called child support. These issues can also arise when unmarried people have children together.
Acting quickly when your employment situation changes is the best plan to stay in the good graces of any New York child support judge.
As recently as 30 years ago, fathers had little chance of receiving custody of their children in the State of New York. Maternal preference was the legal doctrine used by virtually all United States courts , New York included.
However, precedence is still a major factor, resulting in more mothers receiving legal and physical custody than fathers. New York fathers who want custody of their children will need to work hard to receive it.
A New York family law attorney who recognizes the rights of fathers is a good ally. Your attorney will petition the court for the amount and type of custody required by male clients and also fights for child support when warranted.
A father should never feel alone in his quest to obtain custody of his children and receive financial support to help raise them. In the early days of divorce law, couples seeking to end their marriage had limited legal recourse. Adultery and physical abuse were often the only grounds that could ultimately lead to a divorce. Today, the standard for ending a marriage is not so high, which allows couples to end a relationship that is no longer working and gives the parties an opportunity to find happiness apart that they no longer found together.
If you are considering divorcing your spouse or your spouse has already filed for divorce, this should help you to understand what the grounds are for seeking a divorce in New York City and New York state. Irretrievable Breakdown: This is the newest ground for divorce in the New York law, and the most lax in what you or your spouse would need to prove to receive a divorce. Along with this six-month requirement, there are other restrictions on this ground for divorce. For those filing on or after October 12, , you should be aware that this divorce cannot be granted for this reason until after issues regarding spousal support and property, as well as custody, visitation and child support have been settled between you and your spouse or decided by the court.
Abandonment: This reason for divorce seems largely self-explanatory. If your spouse has left you or kicked you out of your marital home with no intention or returning or allowing you to return, you could obtain a divorce on this ground. You must be apart for at least a year. New York law also allows for a less intuitive form of abandonment.
Though not in the divorce statute, the courts in the state have found that a spouse may be abandoned, even while still sharing a home with their husband or wife. This treatment must be relatively recent, however. If your spouse has not been abusive in more than five years, you will not be able to use this ground for divorce. Adultery: Unsurprisingly, if your spouse has an extra-marital affair, you can file for divorce on this ground.
Like cruel and inhuman treatment, your discovery of the affair must have happened within the last five years, though the affair itself could have happened at any time. If you claim adultery as a ground for divorce, the court will also look at your actions. The court will not permit a divorce on the ground of adultery if you encouraged your spouse or committed adultery yourself.
Also, if you forgave your spouse and had sexual relations with them again after you learned of their affair, you will also be prevented from seeking a divorce on this ground. Imprisonment: The courts will allow you to seek a divorce if your spouse is incarcerated for three or more years. You may even divorce your spouse after he or she is released, as long as the release happened within the last five years.
These judgments will have a number of conditions that you and your spouse must obey for at least one year. For instance, you will likely be ordered not to live together. Obtaining a Judgment of Separation or Decree of Separation is rare for most divorces, since it requires proof similar to a divorce. Many couples seeking to divorce generally choose to divorce, instead. Separation Agreement: This is one of the most common grounds for divorce.
Like the Judgment of Separation, you should obey all the conditions in the agreement. Post-Divorce Modifications — Our NYC Divorce Lawyers are very knowledgeable in handling post-divorce modifications for time-sharing, alimony, custody, support, or any other court order that needs to be modified due to changes in circumstances. Same Sex-Marriages — Our NYC divorce attorneys also have experience in handling same-sex divorces in addition to same-sex prenuptial agreements. In , New York legalized gay marriages.
The Marriage Equality Act was then passed by the state Senate. This has allowed many same-sex marriages to exist, and it has also expanded the area of family law. Uncontested divorce — If neither party is contesting the divorce, an uncontested divorce will probably work for you.
In many uncontested divorces, a settlement agreement is an ideal option. Even if your divorce is uncontested, it is still important to have legal representation to protect your rights and ensure fairness while moving through the legal process.
What can one take with them when they move out prior to a divorce? While not all states have the same laws, experts agree that this should not be the first question asked during the divorce process. There are other important points to consider first. A Common Thought While the most common thought in the mind of anyone going through a divorce may be to get up and go, this is not, for the most part, a good idea. It might be tempting to leave a home shared with an ex but it is not often smart.
Our team, spread out across several locations, works tirelessly to help New York state residents get the best possible results. We advise our clients on all possible scenarios, and provide a pragmatic approach to navigating them. We are aggressive, and when necessary — uncompromising, in order to get our clients the best possible outcome. We never stop doing what is necessary to get you the best possible result — regardless of how aggressive the opposing party is.
Our NYC matrimonial lawyers understand the emotional and financial burden associated with a divorce case. Our NYC divorce lawyers look at the full picture when advising you, and make recommendations that are comprehensive. Last Updated on May 8, When going through a divorce, there are many issues Most divorce law firms treat clients like a conveyer belt. We prefer working with less clients, because it allows us to dedicate more resources to helping them get better results. Our dedicated divorce lawyers do the majority of the work on your case.
When you hire us, you have an attorney who focuses exclusively in divorce law. Divorce is a decision you think about many times.
The great thing is, we offer a risk free consultation, in person, or over the phone. We explain your legal rights, and what options you have. By taking advantage of this risk free consultation you get to learn more about us, and we get to learn more about you.
We can meet you at whichever location is more convenient to you. Moreover, our team of divorce lawyers has experience handling tough cases. Our team of divorce attorneys has been recognized by top rated lawyer ranking services, like Avvo, National Trial Lawyers Organization, Super Lawyers, and many others.
Most importantly, when you hire us, you can trust in our unbiased approach. We use the law, and our experience handling matrimony cases, to prevent mistakes and compromises that could hurt you.
Many divorce lawyers apply a cookie cutter approach to uncontested divorces, and overlook the small details — which can harm your future. These divorces usually proceed faster through the courts, and are less expensive. It lets spouses move on with their lives. Unfortunately, even uncontested divorces can be difficult. No divorce is final until things like assets, debt, spousal support, alimony, etc are discussed and handled.We're a boutique law firm - which means you get to work directly with one of our founding partners. At Spodek Law Group — our one, and only, job is to help you understand your options, and get you the best resolution possible. Ending a marriage is a stressful process. Often, our clients feel a wide array of emotions, ranging from shame, anger, anxiety, apprehension, to grief family law attorney free consultation near me guilt. 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Our NYC family law attorney free consultation near me lawyers provides services throughout various areas in New York including but not limited to Manhattan, Brooklyn, Las Island, Bronx and many other surrounding counties. With a combination of more than 60 rfee of experience in handling divorce cases in New York, our firm has helped hundreds of individuals through very difficult divorces. Our team of NYC divorce attorneys, and support staff, speak to each and every one our clients. Our New York divorce lawyers specialize in divorce and comment s inscrire a free internet law with an expertise in negotiation, collaborative law, trial advocacy, prenuptial and postnuptial agreements, mediation, spousal maintenance, child custody, modifications, enforcement, and property division. It presents a number of challenges and concerns. 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Quick Contact Form. The experienced attorneys and staff at My AZ Lawyers recognizes that each client and situation is unique and requires individualized attention. The staff is extremely caring, knowledgeable, honest, and professional, and I highly recommend them! This is not true in all instances though, as the needs of the child are determined to be the primary factor in paying child support. She and her staff patiently answered all of the questions I had during a highly stressful time, and made me feel well taken care of from the beginning of the process to the end. In addition, if a spouse or both spouses are in the military there are additional issues to be resolved. Contact us Please fill out the form below and one of our attorneys will contact you. Chris Sladek. However, if a person makes little to no money, they will still be ordered by the court to pay some reasonable amount of money to help support that child. I am eternally grateful.