Long Island Divorce Attorney
There is no question that going through a divorce can be emotionally trying and rather complex. When you are addressing the future of your family and the division of your hard-earned assets, you need the assistance of a highly qualified divorce lawyer. At a time when you feel vulnerable and exposed, you must have a caring and compassionate attorney working by your side. At the Rubenfeld Law Firm, our attorneys each have over 20 years of experience in all areas of divorce and family law. When you use our services, you can breathe easier knowing that the interests of your family and your financial wellbeing will be well protected from start to finish. Below are our divorce areas of practice, for further assistance please contact our firm directly to schedule a free consultation with a member of our friendly staff.
A contested divorce occurs where the parties don't initially agree on various issues such as spousal support, asset division, child custody and visitation. In order for a divorce to be finalized, all of these issues must be completely resolved.
In an uncontested divorce, the parties agree on important issues over asset division, property division, child custody arrangements and other important matters. As of October 12, 2010, a no-fault divorce can be obtained in New York. All that is necessary is for one spouse to allege the irretrievable breakdown of the marriage.
High Net Worth Divorce
If you are a high net-worth individual or someone with a complex estate who is contemplating divorce, you are probably very concerned about the financial consequences of divorce. In all divorces, especially high net-worth cases it's critical to obtain legal representation.
Hiring a Divorce Lawyer
Since divorce involves your debts, your assets, and your property and most importantly any children produced from a marriage, it's absolutely critical that you enlist a divorce attorney to protect the integrity of your family and your assets. Failure to hire an attorney can result in disastrous consequences, consequences that can be irreparable.
Not all divorces include alimony or spousal support. If alimony is not requested by one of the spouses, then it will be a nonissue. When determining whether or not to award alimony, the courts will consider a variety of factors such as the duration of the marriage, the income of both spouses, the age of each party and if there are any dependent children among others.
Child custody consists of two legal factors: legal custody and physical custody. Legal custody refers to the right to make important decisions about a child such as where they go to school, which religion they are raised in and which doctor they visit. Physical custody refers to where and with whom the child will live.
In most cases the parent who doesn't have physical custody of a child will be granted visitation rights. Visitations schedules address overnight visits, weekend visits, holidays and school breaks. Visitation rights are generally granted unless the non-custodial parent has proven to be unfit to care for the child or has shown a history of serious abuse.
Modification of Child Custody
When a significant change in circumstances occurs for either parent, it may be necessary for one parent to petition the family court for a modification to the existing child custody order. It's important to note that the courts make a decision based on what's in the best interests of the children. If you are seeking a modification, we can help you prepare for court.
According to New York law, both parents are responsible for providing financial support for their children. The amount of child support that the non-custodial parent is required to pay is based on their adjusted gross income as stated under the Child Support Standards Act.
Modification of Child Support
It is not uncommon for circumstances to change for either spouse months or years after a divorce. When a significant change in circumstances has occurred, either spouse has the right to petition the family court for a post-judgment modification. In general, the paying spouse typically requests a downward modification, whereas the receiving spouse requests an upward modification to the support payments.
Domestic violence is violence that occurs between spouses, family members, couples, people that live together and people who have a child in common. Abuse may be physical, emotional, or even financial. Domestic violence affects every race, religion and socioeconomic class.
When divorces and legal separations occur, fathers are legally entitled to equal consideration for child custody and visitation rights. New York's family law courts are not supposed to automatically favor the mother in these types of situations. We can help individuals fight for their fathers' rights, even when they were never married to the mothers of their children.
Unfortunately, many grandparents are impacted by their children's divorce. It's not uncommon for a grandparent to lose contact with their grandchild after their child has split up from the custodial parent. In other cases grandparents have sought out custody of their grandchildren when they knew they were victims of domestic violence or in a dangerous environment.
A legal separation is a contract between you and your spouse that outlines how child custody and visitation, spousal support (if any) and the division of marital property will be handled. A separation agreement can be enforced by the courts and used for divorce grounds if you later decide to end your marriage.
Orders of Protection
Are you a victim of domestic violence? Do you need a restraining order taken out against your spouse, ex-spouse, boyfriend/girlfriend or someone that you have dated? An order of protection is issued by the court and it orders an abuser to immediately stop the abusive behavior against you and/or your children.
It's not uncommon for circumstances to change for a custodial parent after a divorce. They may be remarrying, or they may be offered a new job opportunity in another state, or they may wish to move where they will have more family support. However, if they want to move away from the noncustodial parent, they will need to seek permission from the family court first.
Paternity refers to the establishment of fatherhood of a child. This issue can stem from a child who has been born out of wedlock or where a married father questions his wife's faithfulness. Establishing paternity allows a father to enjoy the rights and responsibilities of fatherhood, while allowing the mother to receive child support.
A prenuptial agreement is a contract signed by both parties prior to getting married. Although each prenuptial agreement may vary slightly, they typically address what will happen in the event of a divorce or death. Such issues to be addressed are property division, asset division, and spousal support.
If you are headed towards divorce, part of your settlement agreement will be the equitable distribution or property division of your assets between you and your spouse. Equitable distribution in New York is handled on a case by case basis, and many factors go into how property and assets are distributed.
Do you need assistance with negotiating a settlement agreement with your spouse? In a Long Island divorce, you and your spouse must come to terms with the division of your property and assets in order for you to obtain a judgment for divorce.
Enforcement of Settlement Agreements
Are you facing challenges with your settlement agreement? Do you need legal assistance getting your settlement agreement enforced? If so, we offer a free consultation where we can discuss your legal problem and some viable solutions to the matter at hand.
Areas We Serve
We have been providing legal representation for Long Island residents in all of their divorce and family law matters for 50 years. We are proud to service the residents of Long Island, Melville, Brentwood, West Babylon, Hempstead, Northport, Levittown, Suffolk County, Nassau County, Huntington, Farmingdale, Dix Hills, Plainview and Massapequa.
Contact Us for Help
Are you in need of divorce or family law services? At the Rubenfeld Law Firm we are fully committed to arming you with knowledge when it comes to legal matters pertaining to prenuptial agreements, divorce and other family law matters. We understand the stress and anxiety involved in divorce, and we want to help make the process easier on you. The more you understand about your rights and responsibilities, the better position you are in to reach your goals in your divorce proceedings. Contact a divorce attorney from the Rubenfeld Law Firm to schedule a free consultation.