OUR MISSION STATEMENT
& WHAT WE BELIEVE IN
To minimize the trauma of divorce utilizing our litigation experience and emotional support. Our expertise is in employing strategies that result in efficient and cost effective resolutions. Our goal is to avoid litigation in order to preserve the integrity of the family. Should litigation be required, we are qualified trial attorneys who are not afraid to go to the mat on behalf of our clients.
We are skilled advocates, litigators and listeners. We provide our clients with a unique combination of strength and compassion to help navigate through difficult transitions.
HOW CAN WE HELP
Our services are designed to help get you to the next chapter in your life
Our services will efficiently and effectively resolve your outstanding domestic issues and move you into the next phase of your life. It’s time for you to become your own Superhero.
& Postnuptial Agreements
New York law affords couples the ability, prior to or during the marriage, to enter into a contract to determine financial issues should the marriage dissolve down the road. Many situations may necessitate a prospective resolution of a future inheritance, funds earned prior to the marriage, or simply to have an understanding of potential child and spousal support.
Entering into a pre or post nuptial agreement need not be viewed as a negative construct but rather it can be seen as a vehicle to address existing conflicts and anxieties. The right questions need to be posed, in the right way, in order to have a fully vetted agreement.
& Litigation
Most divorces are resolved by agreement. The cost of litigation is high both financially and emotionally. A resolution is preferable. Parties enter into an agreement and proceed to an uncontested divorce. Obtaining a divorce was simplified by New York adopting irretrievable breakdown of the marriage as grounds for divorce.
Custody, child support, spousal support and equitable distribution of assets and liabilities will need to be resolved prior to the entry of a divorce judgment. Unfortunately not all matters can be resolved by agreement and litigation is required. To that end, we provide zealous, thorough advocacy and advanced trial skills.
& Maintenance
A determination of how assets and liabilities obtained during the marriage must be made in order to dissolve a marriage. “Equitable distribution” is not necessarily the same as equal distribution. A variety of factors are used in analyzing what assets and liabilities are marital vs. separate and in what fashion they are to be distributed.
Maintenance (New York’s term for “alimony” or “spousal support”) may be awarded to a spouse who is presently not self-supporting, consistent with the marital lifestyle and the parties’ financial means. Such an award varies in amount and duration with the intention to allow one party to get back on their feet.
Courts are guided by a formula set forth in recently enacted legislation in determining an award of temporary and permanent maintenance based on the parties’ incomes and depending on who has custody of the children. Courts are afforded a certain amount of discretion in any award for maintenance.
& Their Support
New York has the power to determine custody of children and to award “access” or parenting time.
Issues regarding children are decided “in the best interest of the child,” thereby affording the court broad discretion in determining custody. In some cases the court will appoint an attorney for the child to represent their wishes.
In addition to strategizing how to approach custody, we assist our clients in envisioning post divorce child rearing. It takes experience and intuition to foresee the potential obstacles for co parenting and plan accordingly. A custody agreement or determination with dictate decision making responsibility and physical residence of the children which might include an application for relocation.
New York makes both parents responsible for the financial support of their children, through a combination of formulaic and discretionary factors that may be difficult to navigate. Our firm will bring practical knowledge to the costs of raising children in New York.
Because of the broad discretion given to trial courts, relatively few cases warrant after trial. However, there are times when an incorrect judicial determination must be challenged. We are capable of fighting your fight on the Appellate level.
Under the right circumstances mediation is an excellent option to move towards an amicable resolution of the dissolution of a marriage. A successful mediation means no litigation, less funds expended and is often less adversarial. We are practiced mediators who employ methods that combine keeping the parties apprised of their rights while helping reach resolutions that will often involve mutual compromise. We are proponents of mediation but recognize that it is not appropriate for all parties and circumstances. If you think that mediation is a viable option, call and make an appointment for you and your spouse to attend the first consult together.