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litigation
Sometimes it is not possible to settle by agreement; roughly 5% of divorce cases in New York go to trial where they are adjudicated by a judge or other trier of fact who listens to the witnesses’ testimony and considers the evidence presented. Our attorneys are tenacious and experienced litigators, dedicated to achieving the best outcome for our clients in Family Court, Supreme Court, and the Appellate Courts of New York.
Notable Decisions
Links provided to decisions available online.
Hester v Hester
Rogers v Rogers
Divorce Settlements
Most divorces in New York are settled by agreement. Our attorneys are skilled and seasoned negotiators who are not afraid to think outside the box to craft divorce settlements that are clear, thoughtful, and individually tailored to meet our clients’ particular needs. Our settlement agreements are comprehensive, addressing all relevant issues including equitable distribution of marital assets, maintenance (also known as alimony), custody, and child support.
Video:
The Divorce Process with Louisa DeRose
Video:
Equitable distribution in divorce settlements with Raluca Dahm
Prenuptial & Postnuptial Agreements
New York law encourages couples to chart their own course by entering into contracts—before marriage with a prenuptial agreement or after marriage with a postnuptial agreement—regarding the disposition of property upon divorce or death. Our goal is to provide certainty and clarity so that if a marriage does end in divorce, the couple can part ways with as little strife and expense as possible. We craft agreements that are thoughtful, thorough, and clearly written. Mindful of the process, we treat it as a collaboration that can hopefully strengthen a couple's relationship and understanding of each other.
Video:
Prenuptial Agreements and Trusts with Karina Van Houten
Video:
What is the prenuptial agreement process? with Alyssa Rower
Mediation
Couples are often drawn to the idea of reaching a settlement through a more collaborative process with the help of a mediator. By remaining impartial, a mediator helps the couple identify issues that need to be resolved, provides them with legal information, and assists them in reaching an agreement that feels fair and equitable to both of them.
Video:
How to finalize your divorce collaboratively through mediation with Kara Bellew
Collaborative Law
Collaborative Law is a process for negotiating the legal issues involved in obtaining a divorce without the involvement of the courts. In the Collaborative Model, each spouse has their own attorney who is specially trained in the practice of Collaborative Law. The lawyers and parties pledge not to involve the Court while working toward resolving the various issues that accompany divorces, such as property distribution, support, legal custody, and parenting time. The parties may also enlist the help of neutral experts, such as financial specialists, divorce coaches, and child specialists; these experts assist the parties in negotiating the issues which are the subject of their expertise. The Collaborative Process is a voluntary one and requires the parties to commit to working together toward resolution in good faith and with full disclosure of all information relevant to the dispute.
Child Custody, Support & Property Issues for Non-Married Couples
We handle all legal issues involved when parents divorce and when non-married individuals have children together: paternity, financial support of the children, how the parents will make decisions regarding the children, and when the children will see each parent. We strive to make co-parenting as seamless and stress-free as possible. Through cohabitation agreements and property partition actions, we also assist same-sex couples and non-married individuals to protect their rights in and to property acquired during their intimate relationships.
Video:
How to resolve custody issues during a divorce with Kara Bellew
Video:
Considerations in child support with Dilpreet Rai.
ParentING Coordination
Parenting Coordination (PC) is a child-focused process in which a trained and experienced mental health or legal professional assists parents in implementing their parenting plan. After parents have entered into a final settlement agreement that lays out the terms of their parenting plan, a Parenting Coordinator can assist the parties in resolving conflicts around decisions to be made with respect to their child or children. It is the goal of Parenting Coordination to help the parties co-parent as effectively and peacefully as possible.
orders of protection
In situations of domestic violence or intimate partner violence, an order of protection (OP) can provide valuable relief. OPs set conditions around a family member, current or former spouse or intimate partner’s behavior, conduct, and contact. Filed in family, criminal, or Supreme court, as part of an existing matrimonial action, OPs can be issued on a temporary or final basis; when filed alongside a divorce case, an OP can have ramifications for other determinations, such as custody or the distribution of assets.
fertility law
When people build families using assisted reproductive technology–the use of donor gametes or a gestational carrier–fertility law can provide clarity and understanding. The goal is to secure the legal relationship of intended parents who conceive a child with third-party assistance from the moment of the child’s birth.
A fertility lawyer may represent intended parents, gestational surrogates, or gamete donors in creating the necessary legal documents, such as Gestational Surrogacy Agreements, Egg/Sperm Donor Agreements, Embryo Donation Agreements, and Co-Parenting Agreements.
Appeals
In cases when a party, whether a family law client of ours or not, feels aggrieved by a court’s decision, we can assist to remedy the wrong by taking an appeal of the decision to a higher court.
Our attorneys have many years of experience in analyzing decisions to determine if they contain appealable issues and have successfully prosecuted and defended appeals in the First and Second Judicial Departments.
Post-Judgment Proceedings
As a divorced couple’s life circumstances evolve, a settlement reached years ago may no longer suit the new status quo. A spouse might move out of state, the cost of meeting the children’s needs increases significantly, or one spouse loses a job and struggles to pay support. In such cases, we assist individuals by marshalling the facts and presenting compelling arguments to convince a court that it should modify the terms of a settlement to adapt to the client’s new needs.
Trusts and Estates
Often times when couples marry or have children, they create an estate plan. These estate plans provide for what should happen in the event of the incapacity or death of one or both spouses and typically appoint various fiduciaries, appoint guardians for any minor children, and designate the handling of money for children and other descendants.
Our trusts and estates group provides customized estate plans for individuals and couples with non-taxable estates. Whether that involves updating an estate plan that is already in place to account for a new situation, or creating an entirely new plan, our attorneys work with clients to protect their legacies and ensure that their wishes are carried out effectively. We are also able to advise on trusts and estates issues as they arise in divorce, family, and other matrimonial matters.
Video:
Nicole Hurley discusses trusts and estate planning.
Grandparent Rights
Grandparents often play a significant role in the lives of their grandchildren. Accordingly, section 72 of the Domestic Relations Law permits grandparents to pursue access with their grandchildren in certain circumstances. Our attorneys are experienced in determining grandparents’ standing to bring such lawsuits and in representing them in seeking access to their grandchildren. We also represent parents who object to grandparent access and wish to mount a legal defense to these actions.