DIVORCE & CHILD CUSTODY
Divorce, Child Custody, Paternity & Child Support
An Aggressive, Proactive Approach
According to a 2016 Pepperdine Law Review Article, "Do Lawyers Matter?" whether you have legal representation does matter. According to the article, an individual with an attorney is more likely to be successful in their divorce, child custody, and domestic violence case.
All parties must follow the laws, rules, deadlines, and procedures whether or not they are represented by an attorney;
Failure to comply with the court's rules could result in a negative outcome;
A judge's decision will have a substantial impact on you and your children's entire lives.
It is extremely difficult to later change a divorce order whether the order was by an agreement between the parties or after a trial.
An experienced attorney is not only able to more quickly focus on relevant issues to resolve the case more quickly, but a lawyer also understands the long-term impact of any proposed agreement. In contested family law matters, a lawyer that has experience with a judge's tendencies is in an invaluable asset to your family law case.
Whether it is an uncontested or contested matter, it is especially important to consult an attorney if there are children, property, a retirement account, non-marital property, debt, or any business interest. If any of these factors exist, you have too much to lose without proper legal representation as a divorce, child custody, or domestic abuse action can have an unanticipated impact on many other areas of your life, including:
Will or trust;
Long term debt liabilities;
Your retirement accounts;
Decision-making authority relating to your children; and
Parenting time with your children.
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The personal nature of matters like divorce, child custody, paternity, and orders for protection makes family law matters a unique area of the law. When you need the guidance of an attorney, it is important to select a lawyer who is not only experienced and knowledgeable but is also personal and empathetic to your case.
Family law matters blur the lines between personal, emotional and legally objective issues. Perhaps more than any other area of the law, divorce, child custody, protection orders, and parenting time modification matters strike a fundamental emotional nerve in clients that can impact the outcome of their case.
Many people who experience family law litigation become frustrated because their lawyer fails to treat their legal concerns as seriously as they do. Our team prides ourselves on our ability to handle complex divorces, custody, paternity and protection matters without losing sight of the details that often mean the most to the clients we represent. Our law firm takes our representation of you seriously and we understand what is at stake: Your relationships, your children, and your property.
You deserve a family law lawyer that provides compassionate, experienced representation. We have guided clients to positive outcomes in a wide variety of situations.
An uncontested divorce is where the parties agree to many, if not all, of the basic terms of the divorce. An uncontested divorce can make for less hostility and less time in court, especially if the divorce is handled by a law firm experienced in handling uncontested divorces.
Uncontested divorces typically only take a few months to conclude—sometimes uncontested divorces can be completed quicker (our firm have been able to complete an uncontested divorce in as little as two weeks). Uncontested divorces are encouraged by the court as couples many times—especially when children are involved—must continue to work together even after the divorce is completed.
Even in an uncontested divorce, it is highly encouraged to obtain experienced legal representation as there are many terms contained in a divorce settlement that must be worked out individually and that can have significant implications even after your divorce is completed.
We have implemented a proven process to efficiently and effectively assist our clients to reach an uncontested divorce agreement acceptable to the court while protecting our clients' legal rights.
While divorce is the right option for many couples, it is also a complicated and sometimes terrifying process. In a contested divorce, the spouses have disagreements concerning some aspect of their divorce. Their dispute many times relate to (1) their children (child custody, parenting time, visitation); (2) property or asset division (including whether an asset is non-marital); (3) division of debts; or (4) the award of spousal maintenance.
Contested divorces typically require the parties to participate, at least in part, with the court process before the divorce can be finalized. Divorce—especially ones that are contested—are complex. When a spouse contests a divorce, he or she needs to file documents explaining the issue and his or her side of the argument. The parties will not be divorced one day, or even months, after the divorce is filed, the contested divorce process takes some time.
In a contested divorce, you need experienced and aggressive legal representation to make a favorable outcome on your behalf more likely. We highly encourage an individual involved in a contested divorce to speak with an experienced Minnesota divorce lawyer who can inform them of their legal rights and ensure they are fully protected.
When clients speak of "child custody" what they are typically referring to is "parenting time" or visitation, which is the amount of actual time the parent spends with their children. Whereas "child custody" is the ability to make decisions on behalf of your children.
Legal Custody refers to the right to for making decisions in how to raise your children, including childcare, education, religious training, and health care. Physical Custody means the ability to schedule appointments or other events for the child, whether or not it is during the other parent's parenting time.
No matter how you refer to the actual designation, child custody and parenting time are the most common disputes in family court. Parents are extremely concerned with the safety, education, and overall well-being of their children. Many times custody and parenting time decisions become even more difficult following a breakup, as parents tend to be distrustful of whether the other parent is best capable of attending to the well-being of their children.
Judges will always make custody and parenting time decisions based upon the "best interest of the child." In Minnesota, the best interest standard is based upon the court's examination of 12 statutory factors. Check out our video series for a more in-depth discussion about Minnesota's Best Interest Factors.
Our experienced team of child custody attorneys know how contentious child custody and parenting time cases can be. We have the experience to fight for you and your children to work to secure the most appropriate outcome.
The decision to dissolve a marriage can be one of the most difficult decisions a person makes. When a couple cannot agree on provisions within the divorce, however, another layer of anxiety is added to an already difficult process. Whether the disagreement is about child custody, property division, alimony, or the divorce in general, the divorce becomes contested. Contested divorces take longer, and they require more negotiation for the couple to reach an agreement.
ARE YOU CONSIDERING FILING FOR DIVORCE?
In this day and age, it is a sad truth to realize that not every marriage will end successfully. Statistics across the board show an upward swing in the divorce trend, more and more marriages ending prematurely. When you are involved in a situation such as this, however, it is not as impersonal as a mere statistic. It is painful, and for many people, the conclusion to divorce comes after an extended period of suffering and emotional distress.
Divorce is not a simple or easy decision, and it carries the ability to turn bitter. When you are considering filing for divorce, or if you have already been handed divorce papers, you should not hesitate to contact an experienced New York divorce lawyer to assist you through the process as painlessly as possible.
Personal Guidance Through Simple and Complex Family Transitions
The decision to end a relationship and seek a divorce marks a crossroad in your life. You want the best divorce attorneys on your side who will clearly explain every step, every option and every legal avenue available. This type of guidance can help you make decisions confidently and start the next part of your life with much-needed peace of mind.
At The Mandel Law Firm in New York City, this is the exact type of representation and counsel we provide each and every client. We know every situation is different. We strive to be the best divorce attorneys in New York by taking the time to learn about you and your goals so we can provide detailed advice and help you navigate your divorce action with understanding and a sense of empowerment.
If this is the kind of representation you are looking for, we encourage you to contact us today.
At Eiges & Orgel, PLLC, we believe that a successful divorce starts with the right expectations. When you work with our NYC family law firm, we will help you set the right goals from the beginning of your case and then construct a unique strategy to help you reach those goals.
Using our depth of knowledge, experience, and professional skill, we can work together to give you the best possible chance of a favorable case outcome. Over the years, our New York City divorce lawyers have handled thousands of divorce, child custody, and family law cases.
Our lawyers understand the profound importance of any legal issue concerning your family. When you work with us, we will always treat you with the respect you deserve. Contact us today to find out how we can put 40+ years of family law experience to work for you. We have offices in Manhattan, Brooklyn, and Queens.
Divorce affects families and individuals in more ways than can be counted. Decisions made in time of conflict and high emotion will continue to impact relationships and finances for what could be many years to come. Making the decision to hire a skilled and committed New York or New Jersey divorce attorney can better position you to make choices that will protect your rights and those of your children.
The divorce lawyers at Kantrowitz, Goldhamer & Graifman, P.C. are eminently qualified to represent individuals and families in New Jersey and New York. With decades of service in family law matters and full-service law offices in Bergen County and Rockland County, we are prepared to put you and your children first.
Personal And Professional Guidance Through Your Divorce
Divorce can be an emotionally charged, confusing time for people. Make sure that you work with an attorney who will take the time to understand your individual situation and goals to protect your interests through the divorce process as efficiently and amicably as possible.
At Kniess Law, LLC, we pride ourselves in providing our clients with sound, levelheaded legal counsel through all aspects of the divorce process. Woodbury family law and divorce attorney Michelle M. Kniess knows that even the simplest divorces need to be handled carefully.
We provide a comprehensive cost-benefit analysis to help clients make well-informed decisions. Our firm is focused on representing clients in Woodbury, St. Paul, Ramsey County and throughout Minnesota's Twin Cities metro area, as well as in St. Croix County and Hudson, Wisconsin.
COMPREHENSIVE DIVORCE REPRESENTATION
No two divorces are the same, so it is important to work with a lawyer who can handle a wide range of legal matters that arise in divorce proceedings. At Kniess Law, LLC, we handle divorce-related matters that include:
What Is The Divorce Process?
The divorce process varies based on the jurisdiction; specific requirements in New Jersey will be different from the specific requirements in New York. In general, though, the process for divorce will go something like this:
Petitioner must meet residency requirement in the state where they plan to file.
Petitioner files complaint stating the grounds for divorce, along with any other required paperwork and filing fee.
Respondent is served with the complaint and then files a response which can involve a counterclaim.
The petitioner responds to any counterclaim filed by the respondent.
The parties exchange documents and file any motions relevant to their cases.
The parties may reach a settlement on their own or be ordered to attend a mediation.
If the parties do not reach an agreement, the case proceeds to trial.
Filing For Divorce In NY And NJ
Filing for divorce in New York and New Jersey involves similar steps but they are not identical. The residency requirements and grounds for filing differ by state.
Filing for divorce in New York
There are several ways to meet the residency requirement. If you or your spouse have resided in New York State for at least two years before filing, then the requirement is satisfied. Alternatively, if either of you lived in the state continuously for at least one year and you either (1) got married in New York State or (2) lived in the state as a married couple or (3) the grounds for divorce took place in the state, you qualify. Residency is also met if you and your spouse are both residents of the state on the date the divorce is filed and the grounds for divorce took place here.
There are seven grounds for divorce:
No fault: Irretrievable breakdown in relationship that lasts at least six months
Cruel and inhuman treatment
Imprisonment of 3 years or more in a row
Divorce after legal separation agreement of at least one year
Divorce after judgment of separation
Filing for divorce in New Jersey
To file for divorce, either spouse must have lived in New Jersey for at least one year. In the case of adultery, however, a spouse may file in New Jersey so long as one spouse is a resident.
There are nine grounds for divorce in New Jersey. The first two are “no fault” and the rest are fault-based.
Separation of at least 18 months
Irreconcilable differences ongoing for at least six months
Abandonment for at least 12 months
Addiction for at least 12 months
Deviant sexual conduct
Imprisonment leading to at least 18 months of living apart
Legal Issues That Can Arise In Divorce
As a client-focused divorce attorney in NJ and NY, Paul B. Goldhamer works relentlessly to safeguard the interests of individuals and families in matrimonial law matters. He advises clients to follow his Ten Commandments of Matrimonial Law while guiding them through a number of related issues including:
Questions About Divorce In NY Or NJ?
At Kantrowitz, Goldhamer & Graifman, P.C., our lawyers’ experience and versatility allows them to effectuate an amicable divorce settlement in many cases, and to aggressively protect your rights in highly contested proceedings that continue to trial. We see the big picture without losing sight of your here and now.
If you have questions about filing for divorce in New York or New Jersey, do not hesitate to speak with Paul B. Goldhamer and our team of divorce attorneys.With offices in Bergen County and Rockland County, we offer flexibility to accommodate your needs.
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·ORDERS OF PROTECTION
An Order of Protection is a court order which is issued in order to help prevent abuse, harassment, violence or stalking from continuing to occur. In this case,the victim would seek an Order of Protection as a way of preventing the accused (a current or former spouse, partner or family member) from further acts of violence, threats or abuse.
If you are seeking to obtain an Order of Protection, an attorney will be invaluable in helping you. It can be confusing and complex to try to obtain an Order of Protection. An attorney can help you by requesting the order and representing you at a hearing to prove the necessity of one for your protection. At Brian D. Perskin & Associates P.C., we are experienced in helping clients throughout New York who need assistance with an Order of Protection. We understand how important these orders are, and that they are vital in order to help the victims of abuse, stalking and domestic violence.
An Order of Protection is a court order which is issued in order to help prevent abuse, harassment, violence or stalking from continuing to occur. The victim in this case would seek an Order of Protection as a way of preventing the accused (a current or former spouse, partner or family member) from further acts of violence, threats or abuse.
If you are seeking to obtain an Order of Protection, an attorney will be invaluable in helping you. It can be confusing and complex to try to obtain an Order of Protection, and an attorney can help you by requesting the Order and representing you at a hearing to prove the necessity of this for your protection.
At Brian D. Perskin & Associates P.C., we are experienced in helping clients throughout New York who need assistance with an Order of Protection. We understand how important these orders are and that they are vital in order to help the victims of abuse, stalking and domestic violence.
We have over forty years of combined legal experience in helping families with divorce and family law issues, and we take on cases throughout Brooklyn, Bronx, Queens, New York and Manhattan. By consulting a New York divorce & family law attorney at our firm, you will get the honest and valid advice of a professional who actually cares about the outcome of your situation.
WHO CAN FILE FOR AN ORDER OF PROTECTION IN NEW YORK?
There are four basic requirements if you are hoping to file for an Order of Protection in a New York family court. If any of the following criteria apply to you, you may be able to file:
According to the New York Courts,
1) you are related to the respondent by blood or marriage; 2) you are or were legally married to the respondent; 3) you have a child with the respondent; or 4) you are or were in an intimate relationship with the respondent.
The last possible criteria involving an “intimate relationship” may seem subjective, but the courts will typically evaluate whether there was or wasn’t an intimate relationship based upon factors that can include: the type and nature of the relationship, the relationship regardless of whether it was sexual in nature, how frequent there were interactions between these people and the total length of the relationship as well. If you disagree with the court’s decision as to whether or not the relationship was “intimate” then you should speak with an attorney about your options. Casual relationships and minor acquaintances will not be considered for Orders of Protection.
WHAT CAN I ASK FOR IN MY PETITION?
According to the 5th Judicial District of the New York State Courts, there are seven factors commonly included as requests in the Orders of Protection petition. Your Order of Protection, if approved, could establish the following:
Stay Away: This is the most common request of a protective order. Basically, it requires the respondent to stay away from the petitioner and the petitioner’s family. The “stay away” component of the order can apply to the petitioner’s place of work, their home, children’s school, etc.
Refrain From: The order can require a respondent to refrain from certain actions. These are typically requested in response to the reason the order was originally filed. For example, if the order was filed because the respondent was verbally threatening, the petitioner can request that the verbal threatening stops.
Collect Belongings: If you believe that the respondent is going to be at your residence and you do not wish to return home, then you can request that law enforcement return with you to your home to collect your belongings at an established date and time.
Exclusion: This type of request, if permitted, will require that the respondent be “excluded” from the home if they currently reside with the petitioner. This is usually granted only in cases where the respondent presents a clear and present danger to the petitioner and their family.
Temporary Child Support and Custody: While the petition is being reviewed, a petition can set up a temporary agreement for child support and child custody agreements until an order can be made final.
Firearms: The court can restrict a respondent from their ability to use or carry a firearm. The court can do so by confiscating firearms or suspending a license.
Five Year Order: The final thing that an individual can request in their order would be something called a “five year order.” Most commonly, protective orders last for two years. In some more severe cases (the court will determine based on aggravating circumstances), a five year order can be granted.
REFRAIN-FROM AND STAY-AWAY ORDERS OF PROTECTION IN NEW YORK
In New York, an Order of Protection will typically include one or both separate orders:
Refrain-From Order: This Order prohibits the accused from engaging in certain behavior, such as threats, assault, harassment or violence toward the victim.
Stay-Away Order: This Order prohibits the accused from coming within a certain distance of the victim as well as the victim’s residence and place of work. This may include provisions regarding staying away from children that the victim and the accused share.
TEMPORARY VS. FINAL ORDER OF PROTECTION
There are two main phases to the protective order process. Upon initial request for the order, a temporary order can be required. If the order is approved, then it will become final.
According to the New York Courts,
A temporary order of protection is issued on the day you file for an order of protection before the respondent is served with the papers. It only lasts until the next time that you are in court. The court usually will extend the temporary order at each court date until the case is over. If a final order of protection is issued, this occurs at the end of the case after the Judge finds that a family offense was committed or the respondent agrees. A final order lasts for two or five years.
The New York Courts also state that a final order of protection can require an additional three things. Those include:
Restitution: If the respondent damaged any of your property (e.g. car, windows, furniture), the court can order the respondent to pay damages (“restitution”) up to $10,000. You will have to prove the value of what was damaged.
Medical expenses: The court can order the respondent to pay for any medical expenses arising from the abuse.
Participation in a Program: The court can order the respondent to participate in services, such as a batterer’s education program, or make referrals for drug or alcohol counseling.
NEED ASSISTANCE IN NEW YORK?
A lawyer at Brian D. Perskin & Associates P.C. will have the experience and knowledge necessary to help you with your Order of Protection. Additionally, our commitment to our clients means that we will fight to the end, doing whatever we can to assist you with your legal situation in a way that is best for you and for your family.
“I don’t want a lawyer to tell me
what I cannot do, I hire him to tell me
how to do what I want to do.”
– J.P. Morgan