Divorce & Matrimonial Law
With the legal representation of an experienced New York divorce attorney, your divorce should be obtained with a minimum of frustration, while protecting your financial interests and parental relationship with your children. In our opinion, long drawn-out divorce litigation serves no-one’s interest. We strive to active the best result for our clients, without the emotional and financial hardship that too often accompany matrimonial litigation. We are ready to utilize a combination of litigation, negotiation, and meditation if necessary to achieve a desirable outcome.
NO FAULT DIVORCE
Prior to October, 2010 in New York State in order to obtain a divorce, it was necessary for one spouse to prove one of the “fault” grounds enumerated in the Domestic Relations Law, such as adultery, cruel and inhuman treatment, abandonment, etc. Since October of 2010, New York State has joined the main stream view that a husband and wife should be able to end their marriage if their relationship has deteriorated to the point that there are serious irreconcilable differences. Specifically, Domestic Relations Law section 170 (7) provides the following new ground for divorce in New York
§ 170. Action for divorce. An action for divorce may be maintained by a husband or wife to procure a judgment divorcing the parties and dissolving the marriage on any of the following grounds:
(7) The relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath. No judgment of divorce shall be granted under this subdivision unless and until the economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts’ fees and expenses as well as the custody and visitation with the infant children of the marriage have been resolved by the parties, or determined by the court and incorporated into the judgment of divorce.
AREAS OF MATRIMONIAL LAW
We can help you with the following aspects of matrimonial law:
•Maintenance (previously known as Alimony)
•Division of Assets (including issues of Joint Property, Marital Assets, Separate Property and Pre-marital Assets)
•Retirement Benefits, IRC 401(k) Retirement Plan, Keogh Plan, etc.
•Undisclosed Income or Assets
•Marital Residence, including issues of the custodial spouse occupying the marital residence, sale of the marital residence and division of proceeds, one spouse buying out the other spouse’s interest in the marital home, recognizing each spouse’s contributions to the marital home, etc.
•One spouse’s contributions to marital assets, or to the other spouse’s separate property
•Orders of Protection
Sometimes couples choose a legal separation prior to reaching a decision on whether or not to end their marriage. A legal Separation Agreement can establish the parties’ legal rights regarding child custody, visitation, child support, maintenance, division of marital assets, debts and income tax issues. During the separation, health insurance coverage of a spouse would usually continue in effect. A Separation Agreement may establish many of the parties’ legal rights in the event of a divorce, while preserving the possibility of a reconciliation and return to the marital residence. In the event that the parties decide to divorce after having being legally separated for the statutory period of time, the legal Separation Agreement may form the basis for the divorce decree, thereby eliminating many of the issues that might otherwise be litigated in a divorce action.
If the husband and wife are in substantial agreement about the financial terms, as well as the issues of child custody and child visitation, their attorneys may be able to negotiate an amicable settlement, which can be formalized in a Settlement Agreement. If the parties need the assistance of a neutral third party to negotiate a settlement, mediation may successfully resolve the legal issues involved in a divorce proceeding, without the necessity of lengthy matrimonial litigation.
Divorce mediation, if successful, will result in a legally binding written Settlement Agreement, negotiated between the parties (usually by their attorneys) and the mediator, who is usually a divorce lawyer. Although theoretically the parties could participate in a divorce mediation without legal representation, we strongly recommend that the husband and wife each be represented by their own experienced divorce lawyer. Legal representation at the divorce mediation is recommended, not only to insure that each parties’ legal interests are adequately protected, but also to insure that the language of the Settlement Agreement negotiated at the mediation is properly drafted to be a thorough and legally binding agreement that may be incorporated into the final divorce decree.
TELL US ABOUT YOUR DIVORCE OR MATRIMONIAL CASE
To have your matrimonial law case reviewed by a New York divorce lawyer, we invite you to click Contact Us to send us an email. You may also call Michael W. Goldstein to discuss your case by telephone, or to schedule a consultation. Divorce and family law cases in all 5 boroughs of New York City, as well as Nassau, Suffolk, Rockland and Westchester counties, and some upstate New York counties.
The information contained in this website is not intended to constitute legal advice, nor to create an attorney-client relationship or lawyer-client relationship. We recommend that you discuss your matrimonial case with a NY divorce lawyer or New York matrimonial attorney promptly.
Visiting our website, submitting any information via questionnaire or email, or discussing your case with us does not create an attorney-client relationship or lawyer-client relationship. An attorney-client relationship with our law firm can only be established with the signing of a written retainer agreement prepared by our law firm.
Under New York law, in the event there is no recovery in a contingency fee case, the client is responsible for the expenses of the litigation, including court costs and disbursements.
Prior results do not guarantee or predict a similar outcome with respect to any future case or legal matter.
This website is not intended to solicit clients for divorce cases, divorce litigation, Prenuptial Agreements, Separation Agreements, Divorce, Child Custody, Child Visitation, Child Support, Maintenance, Alimony, Equitable Distribution, Division of Marital Assets, Division of Joint Property, Separate Property and Premarital Assets, Retirement Benefits, Marital Debts, Undisclosed Income or Assets, Marital Residence, Orders of Protection, Divorce Mediation, Divorce Settlement Agreements, or any other matrimonial law or family law matter arising out of a marriage where the marital residence was outside of New York State, and the parties currently reside outside New York State. However, we may represent matrimonial law clients who currently live outside of New York if the marital residence is in New York State, or if the children reside in New York State, provided that the New York Courts have jurisdiction over the family law issues.
NEW YORK DIVORCE LAWYER DISCLAIMER
The family law, divorce law and matrimonial law information contained in this website is not intended to constitute legal advice, nor to create an attorney-client relationship or lawyer-client relationship. We recommend that you discuss your divorce or other matrimonial law or family law case with our law firm, or with another NY divorce attorney or New York matrimonial lawyer promptly.
New York family law attorney, NY divorce lawyer, NY matrimonial lawyer, and divorce attorneys New York accepting new clients for NY divorce, NY family law, and NY matrimonial law in New York City, Manhattan, Bronx, Brooklyn, Queens, Staten Island, Long Island, Nassau County, Suffolk County, Westchester County, Rockland County and some upstate New York counties.
MATRIMONIAL LAW CO-COUNSEL DISCLAIMER
Most cases that our firm accepts in this area of the law are referred to other attorneys for primary responsibility, including court appearances. However, if we accept your case, we will continue to be involved and/or will maintain joint responsibility along with our co-counsel. While the case is pending, the client may feel free to discuss their legal matter with our firm and our co-counsel. Legal fees in this type of case will be shared between our firm and our co-counsel. However the fee charged to the client will not be affected by our arrangement.
Law Offices of Michael W. Goldstein, a New York law firm