Family Law Attorney FAQs in New York, NY

A family law attorney in New York handles divorce, child custody, child support, spousal maintenance, paternity, adoption, and orders of protection. These matters often involve emotional and financial complexity, requiring knowledge of both statutory law and local court procedures. We tailor my representation to each client’s goals while ensuring compliance with New York State regulations.

Family law involves strict deadlines, complex forms, and legal standards that can be difficult to navigate without training. Mistakes may result in lost rights or unfavorable outcomes. As your attorney firm, we help you avoid procedural errors, negotiate effectively, and present your case clearly in court. Learn more about our family law services.

Look for an attorney who focuses primarily on family law, has experience in your specific issue (e.g., high-conflict custody or asset division), and communicates clearly. W offer transparent guidance, responsive communication, and a strategic approach grounded in years of New York courtroom experience. Schedule a consultation to see if we’re the right fit.

New York allows both no-fault and fault-based divorces. Since 2010, “irretrievable breakdown” for at least six months is sufficient for no-fault divorce. Fault grounds include cruel treatment, abandonment, or imprisonment but most clients opt for no-fault to reduce conflict. We help clients file correctly based on their circumstances and desired timeline.

New York follows equitable distribution, meaning marital assets are divided fairly, not necessarily equally, based on factors like income, duration of marriage, and contributions to the household. Separate property (e.g., inheritances) usually remains with the original owner. Our firm works to ensure fair valuation and division of all relevant assets.

Yes. If your spouse refuses to cooperate, you can still proceed by serving them properly and requesting a default judgment after the response deadline passes. We manage contested and default divorces efficiently, ensuring all legal requirements are met even when the other party is unresponsive.

Courts decide custody based on the “best interests of the child,” considering factors like parental stability, the child’s relationship with each parent, and any history of abuse. Joint legal custody is common, but physical custody depends on practical living arrangements. We advocate for parenting plans that prioritize your child’s well-being and your parental rights.

While there’s no set age, courts may consider a child’s preference if they are mature enough, typically around 12 to 14 years old. However, the judge retains final authority based on the full picture. We help present evidence that supports your proposed custody arrangement while respecting the child’s voice where appropriate.

You can file a petition for enforcement or modification in Family Court. Repeated violations may lead to changes in custody or visitation rights. Our firm assists clients in documenting breaches and seeking timely judicial intervention to protect their parenting time and their child’s stability.

Support is based on both parents’ combined income (up to a cap adjusted annually), the number of children, and additional expenses like health insurance and childcare. The non-custodial parent typically pays a percentage of their income. We ensure calculations are accurate and reflect true financial circumstances, including hidden or variable income.

Yes. New York participates in interstate enforcement under the Uniform Interstate Family Support Act (UIFSA). Our attorneys can help register your order in the other state or coordinate with authorities to collect overdue payments, even across state lines.

Generally, child support ends when the child turns 21, unless they are emancipated earlier (e.g., through marriage or full-time employment). Support may extend beyond 21 if the child has a disability. We advise parents on termination timelines and help modify or enforce orders as needed.

Domestic violence includes physical harm, threats, stalking, harassment, or coercive control between intimate partners, family members, or household members. It doesn’t require a criminal conviction to seek civil protection. We help victims document abuse and obtain immediate legal safeguards through Family or Criminal Court.

Temporary orders can be issued immediately and last until a full hearing. Final orders typically last up to two years but can be extended if risk persists. We guide clients through renewal processes and ensure orders include necessary provisions like stay-away clauses or firearm surrender.

Yes. New York law protects individuals in dating relationships, cohabitating partners, and those who share a child, even if never married. Our firm assists all eligible victims in securing orders of protection, regardless of marital status. For urgent help, call us right away at (212) 406-4991.