DIVORCE AND SEPARATION

While Supreme Court and Family Court have dual jurisdiction over divorce-related issues such as custody and child support, only Supreme Court can grant a divorce or a Judgment of Separation. Divorce and separation-related issues include:

  • Equitable Distribution

  • Utilization of expert forensic accountants, investigators, business valuation experts and real property evaluators in order to identify and establish the marital value of retirement benefits, stock options, real property and business interests.

  • Wasteful Dissipation of Assets

  • Child Custody, Visitation and Parenting rights

  • Child Support

  • Maintenance (Spousal support, formerly “Alimony”)

  • Counsel and Expert fee allocation

FAMILY COURT

Family Court has jurisdiction over certain divorce-related issues including custody, visitation, child support and orders of protection, but cannot grant a divorce or Judgment of Separation.  Certain matters can be brought directly to Family Court, including:

  • Paternity

  • Orders of Protection

  • Abuse and Neglect Proceedings

  • Custody: Parenting and Visitation schedules

  • Relocation

  • Modification of child custody

  • Child Support

  • Enforcement of Support Orders

  • Support Modification

MEDIATION

All aspects of Divorce, Separation, Custody, Co-Parenting and Support may be addressed in the Mediation Process. Mediation is a voluntary process in which both parties work with a neutral mediator to identify and resolve their divorce, separation and/or post divorce related issues.

  • A mediator is not a judge and does not represent either party.

  • The mediator does not make any decisions for the parties, but instead guides the parties in a focused, goal-oriented exploration of resolution options, so that the parties are empowered to reach decisions for themselves in the best interests of their children and their family.

  • The mediation process tends to be less adversarial, less expensive, less time consuming and allows the parties to retain control over the divorce or separation process and outcome.

  • Mediation is not recommended for families with domestic violence, mental health or substance abuse issues and requires voluntary financial disclosure between the parties.

OTHER PRACTICE AREAS

Pre-nuptial agreements, post nuptial agreements and cohabitation agreements allow parties, either before marriage, after marriage or without being married,  to address and resolve financial concerns partners (and potential partners)  may have in order to avoid discord in the event of future dissolution of a relationship.

575 Jericho Turnpike • Suite 210 • Jericho, NY 11753