At the Law Offices of Michael J. Borrelli, we understand that family law issues are both personally challenging and legally complex. Our family law attorneys are committed to providing sensitive, detailed, and aggressive legal representation in all aspects of matrimonial and family law. We deal with divorce, custody battles of children, maintenance allowance, and distribution of property cases of distressed individuals and their families. Our objective is to protect the rights and interests of our clients while guiding them lucidly through the maze of legal processes with our support.
Divorce
Divorce is always a very serious transition in one's life. For the divorce process to go smoothly, one has to understand the legal nuances behind it. New York divorces are mostly categorized as either contested or uncontested. An uncontested divorce refers to the form agreed upon by both parties on every term, like the division of assets, custody of children, and other support. This process is usually faster and less costly. In contrast, a contested divorce happens when the two spouses cannot agree; thus, the court steps in to help settle the differences.
New York recognizes no-fault and fault-based grounds for divorce. A no-fault divorce is granted when the relationship has broken down irretrievably for at least six months. Fault grounds, like adultery, cruel treatment, or abandonment, may also be availed of in filing for divorce and may have some bearing on alimony and property division decisions. The process involves:
Petition Filing: One spouse files for divorce, stating the grounds and the type of relief he/she is seeking.
Service of Process: The other spouse is served with the papers.
Response: The responding spouse responds, may accept, object, or make a counterclaim to the allegations.
Discovery and Negotiation: Both parties exchange all information with each other and attempt to resolve disputes.
Trial: If settlement fails, the case proceeds to trial for a determination by the court.
Our team of family law attorneys is well-prepared to help guide you through the divorce process and offer top-tier legal support along the way. If your divorce involves criminal charges, our criminal defense attorneys can assist with both proceedings.
Child Custody and Support
Child custody is the most imperative area of family law. In New York courts, priority in custody is generally given to the welfare of the child. It includes factors like the relationship of the child with each parent, the ability of the parents to provide a stable home environment, and, in some cases, the wishes of the child.
The two major divisions for custody are :
Legal Custody: Having the legal ability to make major life decisions for the child himself/herself. These are his/her education, health care, and religious upbringing. It can be shared with both parents or just one.
Physical Custody: Where the child will live primarily. Also, similar to legal custody, it can be either sole or joint.
Another key element in the equation is child support, which deals with the financial needs of the child. New York utilizes the Income Shares Model, whereby support is based on the combined income of both parents and the number of children. There may be adjustments for special needs and healthcare-related expenses, among other relevant factors. In contrast, modification of the support orders may be ordered upon a showing of a significant change in circumstances—for example, loss of employment or some substantial increase in income. An experienced family law attorney like those at the Law Offices of Michael J. Borrelli will be able to provide invaluable legal assistance for all of your child custody and child support needs.
Alimony (Spousal Support)
Alimony, also known as spousal support, is a monetary allowance given to a spouse post-divorce. It is supposed to help the spouse with less income be able to continue enjoying the same kind of standard of living he or she enjoyed during the marriage. New York courts will consider the following factors when awarding alimony: the length of the marriage, both parties' income and earning potential, age and health, and contributions to the marriage in monetary and non-monetary forms. There are multiple different types of alimony, including:
Temporary Alimony: Support money paid while the divorce is in progress.
Rehabilitative Alimony: This is awarded to enable a spouse to attain self-support by acquiring education or training.
Permanent Alimony: The level of support is long-term and usually reserved for very long marriages or large disparities between incomes.
If you are seeking alimony after a divorce, consider speaking with one of our family law attorneys to see how we can help you secure the spousal support that you deserve.
Property Division
New York is an equitable distribution state, meaning that marital property must be divided equitably but not necessarily equally. Marital property is property and debts acquired during the marriage; separate property is that owned before the marriage, or received by gift or inheritance. The court will consider a number of factors to ensure a fair division of assets, including the length of the marriage, each spouse's contribution to the marriage, and the respective economic circumstances of the spouses. In cases where assets have been acquired through criminal activities such as larceny, the court may also factor this into the division of property A family law attorney can prove to be indispensable in all property division matters. Call our team of family law attorneys today to see how we can be of service.
Domestic Violence
Our family law attorneys strongly support and offer legal redress to any client who becomes the victim of domestic violence. We work in securing protection orders, which often prove very vital in ensuring the safety of the victim and their child. Protection orders may also stipulate temporary custody, child support, and exclusive tenancy of the family home. Our lawyers are dedicated to ensuring that the victim is protected and that their legal rights are safeguarded throughout the process.
Mediation and Alternative Dispute Resolution
Mediation is usually a more amicable, cost-effective procedure than contested litigation. The parties collaborate in the process in a non-confrontational way with the assistance of a neutral mediator in an effort to iron out various issues concerning divorce, custody, and other family law matters. It is typically less stressful and can be highly satisfactory to all parties involved, as it allows for free-flowing communication and mutual agreement.
Reach Out to a Family Law Attorney
Many clients have a lot of questions in terms of the process, related costs, and what to expect with their case. In dealing with these and other issues, we offer detailed information and provide individual consultations. Some of the most common questions include how long it takes to finalize a divorce, what factors are used to determine alimony and child support, and how existing orders can be modified. If you have any questions regarding family or matrimonial law issues, do not hesitate to contact our team of family law attorneys today and learn how we can help.
The Law Offices of Michael J. Borrelli and our team of skilled family law attorneys can offer professional advice and legal representation concerning matrimonial and family law. We will meet with you to discuss your case and consider your best options. Our expert family law attorneys will guide you through these trying times.
Frequently Asked Questions
What are the legal requirements for filing for divorce in White Plains, NY?
In White Plains, NY, the legal requirements for filing for divorce include residency, grounds for divorce, and proper filing of necessary documents. Grounds can range from irretrievable breakdown of the marriage to specific fault-based reasons. Our experienced attorneys can help you understand these requirements and navigate the process.
What factors influence child support calculations in White Plains, NY?
Child support in White Plains, NY, is calculated based on several factors, including the parents' income, the child's needs, and the custodial arrangement. Additional considerations may include healthcare, education, and extracurricular expenses. Our attorneys can provide clarity on how these factors impact your case.
What should I do if I suspect domestic violence in my household?
If you suspect domestic violence, it's crucial to seek immediate help. Our attorneys can assist with obtaining protective orders and navigating the legal process to ensure your safety and that of your loved ones. For assistance, please reach out to us and take the first step towards securing a safer environment.
Additional Information in White Plains, NY
- New York Family Court Guide: Provides comprehensive information on family law matters, including custody, visitation, child support, domestic violence, and adoption. It offers practical steps and resources for individuals navigating the family court system in New York.
- Understanding Domestic Violence: Offers comprehensive information about domestic violence, including its definitions, types, and warning signs. It provides insights into the dynamics of abusive relationships and how individuals can seek help and support. The resource aims to educate and empower those affected by domestic violence and those who support them.
- Matrimonial Agreements - Introduction to CSSA: This course book from the New York State Bar Association provides a concise guide on matrimonial agreements, including prenuptial and separation agreements. It also covers the basics of the Child Support Standards Act (CSSA), essential for understanding child support calculations in New York.