Family Law in New York
Protect your family, rights, and finances by hiring an experienced attorney that practices exclusively in divorce and family law in New York.
New York’s Premier Family Law Firm
An experienced New York family lawyer is a valuable asset for families going through the various challenges that any family law case can come with. Aside from divorce, families may also deal with issues like:
These types of family law challenges can be legally complex without a strong understanding of family law in New York. An experienced family lawyer can help you navigate through the process, protect your family and finances, and be an advocate for you.
What You Need to Know About Family Law in New York
Annulment differs from divorce because once an annulment has been filed and accepted it makes the marriage null or void. This process makes it so that the marriage never happened. To qualify for an annulment a couple must meet following criteria:
- One, or both, spouses were under the age of 18 at the time of marriage;
- Either spouse was unable to consent to the marriage due to a mental incapacity or impairment;
- Either spouse has been deemed to be incurably mentally ill for a minimum of 5 years;
- Either spouse is unable to have sexual intercourse or relations with their spouse; or
- The marriage was entered into by either spouse under duress, fraud, or coercion.
The issue of child custody is the most common dispute in family court. As should be expected, parents are extremely concerned with the safety, education, and overall wellbeing of their children. Custody decisions become even more difficult following a divorce or breakup, as parents tend to be distrustful of each other at these times. Regardless of the state of affairs between the parents, judges will always decide custody based on “the best interests of the child.”
You want just as much time with your children as your spouse does. But can you have joint, shared, legal, physical or sole custody? It is our mission to safeguard your parenting time with your children and secure your future.
- Joint or Shared Custody: Parents who don’t live together have joint custody (also called “Shared Custody”) when they share the decision-making responsibilities for, and/or physical control and custody of, their children.
- Legal Custody: Legal custody of a child means having the right and the obligation to make decisions about a child’s upbringing.
- Physical Custody: Physical custody means that a parent has the right to have a child live with them.
- Sole Custody: One parent can have either sole legal custody or sole physical custody of a child.
After going through a divorce, one parent is likely to end up with primary custody of a child or children. In normal circumstances, the non-custodial parent will be responsible for paying child support to help pay for the needs and education of the child, and the custodial parent is usually not required to account for the child support he or she receives. Things such as voluntary gifts, clothes or transportation are not considered child support. If you need assistance in any legal matter involving child support, knowledgeable legal help is available to you from a New York divorce attorney at any time.
If you are a father seeking to establish paternity in order to obtain visitation rights or simply trying to disprove paternity to ensure that you will not have to pay child support for a child that is not yours, or a mother aiming to prove or disprove paternity for child support and visitation purposes it would be wise to hire a family law attorney. An experienced family law attorney from our firm can help protect your legal rights in any paternity dispute you may be facing.
Prenuptial and Postnuptial Agreements
Prior to marriage many couples enter into a written agreement known as a prenuptial agreement (“prenup” for short). Typically a prenup covers all of the property each person owns and any debts they may have prior to entering into marriage, and specifies in detail what each person’s are entitled to should their marriage come to an end. Should a marriage come to an end, a prenuptial agreement can take stress off of both parties and help streamline the divorce process.
If you are married without a prenuptial agreement, you can still get a postnuptial agreement that will accomplish everything that a prenup can.
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. We are experienced in helping clients throughout New York who need assistance with an Order of Protection and understand how important these orders are, and that they are vital in order to help the victims of abuse, stalking, and domestic violence.
After a divorce you may be entitled to spousal support or you may be required to pay spousal support. We can help you understand where your case stands, as well as the options and alternatives available to you in the divorce process and how they may affect the division of your assets.
Frequently Asked Questions
While having a family lawyer isn’t required, it is highly recommended to ensure you get the best outcome from your case. Learn More
Regardless of your age or economic standing, a prenuptial agreement will allow you to retain control of any assets you have prior to getting married. Learn More
Getting Through Your Family Law Case
At Brian D. Perskin & Associates P.C. we know how to create an effective strategy for getting what you need during your family law case, so when money, property, or children are involved, let us help.