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Family law matters are personal, deeply emotional, and can have life-altering consequences; that's why choosing the right family lawyer in Queens, NY is so crucial. Beyond qualifications, you need someone who will prioritize your family's well-being and advocate for your goals and rights. Let's dig into some key qualities to look for: Expertise and a Proven Track Record Family law cases have a lot of moving parts. An experienced attorney should not only possess a strong grasp of all the complex legal regulations that apply but also have a clear record of success in cases similar to yours that you can look at. At The Law Offices of Joseph H. Nivin, our lead attorney is widely recognized as a "Rising Star," and his reputation in appellate courts gives him an edge in navigating challenging cases to protect his clients' best interests. more Strong Focus on the Needs of Families When families are in transition, sensitivity and understanding are just as important as legal knowledge. You need an attorney who can strike the balance between fighting aggressively for what's fair and guiding you with compassion towards compromises and solutions that work for everyone and preserve harmony as much as possible. Joseph H. Nivin's background working in family court gives our firm a unique advantage in fully understanding how emotionally charged these cases can be and allowing us to go beyond basic legal representation. Personalized Approach and Attentive Communication You deserve direct communication and an attorney who genuinely understands your family's specific needs. We pride ourselves on delivering exceptional service from the initial consultation onwards and on establishing a relationship that you can draw on for years to come. We work closely with you to develop a strategy that protects what matters most while keeping you fully informed through every step of your case. A Fighter When it Counts Some family law cases are resolved amicably, and that should always be the goal whenever possible; but sadly, some cases do require fierce courtroom arguments. Your attorney should be willing and able to take a firm stand, and Joseph H. Nivin's well-deserved reputation as a skilled litigator means he isn't afraid to push hard for your interests to obtain the best possible outcome. Accessibility and Transparency When your family's future is on the line, you need an attorney who is available when questions and concerns arise. At The Law Offices of Joseph H. Nivin, we believe in providing responsive service and offering a fee structure that is designed to be upfront and avoid any billing surprises. Looking Beyond the Immediate Outcome A solid family lawyer helps you deal with your current dispute but also consider how solutions will impact your long-term well-being. Our dedicated team is committed to guiding you through life's transitions so that, from the initial case to any future changes in circumstances, we're a resource you can always return to. Talk With an Experienced Family Lawyer in Queens, NY Today Let us reduce the strain and uncertainty accompanying family law matters. Contact us today at The Law Offices of Joseph H. Nivin, P.C. for a consultation and get the dedicated and caring team your family deserves in Queens, NY family court.

Family law is an extensive legal field dealing with obvious matters like marriage and divorce to more complex issues, such as adoption, stalking, and restraining orders. Read on to learn more about New York family law, and if you're unsure whether your concern falls under family law jurisdiction, contact a Forest Hills, NY family law attorney for more information. New York Family Law: Key Considerations Marriage In New York, obtaining a marriage license is the first step towards legal matrimony. The state has clear stipulations for eligibility: Age Requirements: Individuals younger than 18 but older than 14 need parental consent; those 18 and older do not Proof of Identity: Both parties must present valid identification to the County Clerk Restrictions on Relationships: Direct relatives, including parents, children, siblings, and certain other relatives, cannot marry each other Previous Marriages: Information on prior marriages and divorces must be disclosed more Divorce Requirements To get a divorce under NY family law, one or both partners must have resided in the state for at least a year before filing. Grounds for divorce include abandonment, imprisonment, cruelty, adultery, separation agreement, and irretrievable breakdown of the marriage for six months or more. Marital property, which is anything acquired during the marriage, is subject to division. However, separate property, which is anything owned before the marriage or received by just one of the couple as gifts or inheritance, is generally not divided. The court determines the division of marital property if the couple cannot reach an agreement. Stalking and Protective Orders Stalking is a serious crime in New York and falls under the purview of family law. It's defined as intentionally doing something – with no legitimate reason – which the stalker knows or can reasonably be expected to know will cause physical or emotional fear of harm or actual harm. Victims can seek restraining orders, also known as protective orders, against their stalkers. These orders can mandate that the abuser cease contact, maintain a distance from the victim, and sometimes undergo counseling or reimburse the victim for their legal fees. Adoption Laws Adoption laws in New York allow any adult to adopt, with few restrictions on the gender, age, or marital status of the adopting parent or child. Children aged 14 or older must consent to their adoption, and adults can adopt one another. If a person is married and wishes to adopt a child, both they and their spouse must adopt. The state requires a three-month residency before finalizing an adoption, but you can begin the process before this three-month window. Talk with a Forest Hills, NY Family Law Attorney The above is just a brief overview of some of the considerations in New York's comprehensive family law system. From marriage to adoption, each aspect of family law has its own set of rules and regulations, and it's always best to work with an experienced lawyer who thoroughly understands how New York laws and regulations, as well as the local courts, work. Whether you're considering an adoption, need protective orders, are concerned about child abuse, or want to initiate a divorce, a good lawyer can make any aspect of family law easier to negotiate. Contact The Law Offices of Joseph H. Nivin, P.C. in Forest Hills, NY now for effective and efficient help.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. In today’s digital age, child custody arrangements have evolved to embrace the use of technology. Virtual visitation is a valuable tool to help you and your co-parent remain active in your children’s lives. Understanding virtual visitation The National Center for Educational Statistics found that 93% of households had access to a computer in 2021, leading to the rise of virtual visitation in custody cases. Virtual visitation refers to the use of video calls, instant messaging or emails to maintain contact with your child when you are not physically present. Benefits of virtual visitation Virtual visitation allows you and your co-parent to maintain regular and consistent communication with their children. This can bridge the emotional gap caused by physical separation and reassure you and your children. You can arrange these visits at convenient times without disrupting the daily routines of you, your co-parent or your children. Virtual visitation is cost-effective allowing you to allocate resources for other important aspects of your child’s upbringing. Creating a successful virtual visitation plan To make the most of virtual visitation, establish a regular schedule to create consistency and stability. Consider the age and technological literacy of your children, and choose platforms and devices that are suitable for their age and capabilities. Respect the child’s privacy. Create a safe space for open communication. Encourage your children to express their thoughts and feelings. Be supportive and empathetic, and listen to what they have to say. Focus on the quality of your interaction during virtual visits rather than the quantity. Engage in meaningful conversations and activities that strengthen your bond with your children. In the digital age, virtual visitation can help you navigate the complexities of your child custody arrangement. To maintain meaningful relationships with our children, supplement your physical visitation schedule with virtual visitations.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. In recent years, many couples have been drawn to mediation as an alternative to going to court. It is an attractive option because of the benefits it offers: less expense, a faster divorce, confidentiality, a less formal way of divorcing and more control for the couple when it comes to making decisions about their assets and their futures. However, mediation is not appropriate in every case. While mediation is highly effective, it is most effective in cases involving collaborative couples, parties who are willing to negotiate and compromise in good faith. When is mediation a good option? Generally, mediation is optimal for cases where the parties get along, at least to a certain extent. In addition, mediation is ideal for cases where: The parties have some idea of what they want and what the other party wants The parents have no strong objections to compromising and negotiating The couple understands that they will get some things they want but not others There are no extreme factors like domestic violence or other criminal activity In essence, a successful mediation requires parties who are willing to work together to solve problems and who do not need help beyond the scope of what the mediator can provide. When is mediation not the best choice? In some cases, mediation is not appropriate, and traditional litigation is the best course of action for a divorcing couple. For example, in cases where: There is domestic violence or any other alleged criminal activity There is significant conflict, and attorneys for the parties have discovered lies on the part of one or both parties, whether withholding financial information or other inappropriate activities The couple cannot see eye to eye, and their goals, relating to what they wish to get out of the divorce, are extremely far apart from the other person In such cases, judges and court staff can help. Courts provide a structured process, where you are usually represented by counsel and where you can provide evidence, testimony and make your arguments. At the end of the process, the judge will decide based on the law and the evidence provided to the court.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. During a divorce, both spouses typically want to walk away from the marriage with what fairly belongs to them. If you have significant retirement assets to consider in your divorce, though, you might wonder if those accounts will remain intact after the split. Saving for retirement requires significant time, effort and discipline, so it is only natural to think about what will happen to your savings in a divorce. By understanding what the law says about retirement accounts during a separation, you can take steps to protect what is yours and effectively plan for the future. Retirement accounts are subject to asset division Any contributions you make to a retirement account during the course of your marriage are likely part of the marital property you share with your spouse. This means that those contributions are subject to New York’s Equitable Distribution Law.  Under this law, the court will strive to divide marital retirement assets between spouses as equitably as possible, even if this means that a higher-earning spouse might emerge from the process with fewer retirement assets than they started with. You can protect your retirement assets through mediation Mediation provides an opportunity for divorcing spouses to arrive at their own terms for asset division outside of court. If maintaining your retirement accounts is a high priority for you, you can use mediation as a chance to compromise with your soon-to-be ex-spouse. An unbiased mediator can help guide this process toward a favorable outcome that satisfies both parties. In the absence of a separation agreement, the court will distribute retirement assets acquired during the course of marriage between spouses. This can affect your retirement plans and prolong divorce proceedings, so it may be worthwhile to collaborate with your spouse toward a mutually-agreeable solution.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. According to Census.gov, there were roughly 2.2 divorces in New York per 1,000 residents in 2021. If you have chosen to get a divorce, you know that the road is often riddled with challenges and emotions, and you face even greater challenges if you cannot find your spouse. If you are in New York and want to file for divorce, but your spouse’s whereabouts remain unknown, you may feel trapped. However, you should not despair. New York law offers provisions for situations like yours. Initiate the divorce process The first step towards divorce is to file a divorce petition, also known as a Summons with Notice, with the court. You must then serve these papers to your spouse. However, if you cannot locate your spouse, this presents a problem. In such a situation, you have to show the court you made sincere efforts to find your spouse. The diligent search Before the court allows an alternative form of service, you must perform a diligent search. This search includes actions like contacting your spouse’s relatives, friends and last known employers, checking with the post office for forwarding addresses and investigating tax records. Affidavit of diligent search Once you complete the diligent search, you will need to document your efforts in an affidavit of diligent search. This document is your written declaration to the court that you made a serious attempt to locate your spouse. Service by publication After submitting the affidavit of diligent search and obtaining court approval, you can use service by publication. It involves publishing the divorce summons in a court-approved newspaper for a certain period, usually once a week for three weeks. Proceeding with the divorce After completing the publication, and if your spouse does not respond, you can proceed with the divorce. The court can grant you a default divorce, effectively dissolving your marriage. With patience and diligence, you can easily navigate this complex process and begin a new chapter of your life.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. A grey divorce, which refers to the dissolution of a marriage among couples aged 50 and older, presents unique challenges and considerations compared to divorces among younger couples. As the divorce rate in this age group continues to rise, it is essential to understand the key differences between a grey divorce and a typical divorce involving younger couples. Financial complexity in grey divorce One of the primary differences in a grey divorce is the financial complexity. Couples who have been married for several decades often have more intertwined financial assets, such as retirement accounts, real estate and investments. Untangling these financial connections can be a time-consuming and intricate process, requiring careful negotiation to ensure that both parties receive a fair share of the assets. Impact on retirement planning Another significant difference between grey divorces and divorces among younger couples is the impact on retirement planning. Older couples often have less time to recover financially from a divorce before retirement. Splitting assets and income can drastically change each spouse’s retirement plans and may require adjustments to their lifestyle expectations. In some cases, one or both spouses may need to delay retirement or seek additional sources of income to maintain their financial security. Emotional considerations While the emotional toll of divorce is not unique to grey divorce, older couples may face additional emotional challenges. They may have built a long shared history and developed deep connections with mutual friends and family members. The process of disentangling their lives can be particularly challenging and may require additional emotional support from friends, therapists or support groups. Understanding the unique challenges of grey divorce can help couples navigate the process more effectively and ensure a smoother transition into their new lives.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Addiction is a disease that impacts many families across the United States. For couples with children who are going through a divorce or who are already divorced, the topic of drug and alcohol abuse might come up in discussions of how the disease impacts parental fitness. Couples dealing with substance dependence may wonder if and how it can impact who has custody of their minor children. How can addiction affect child custody in New York? It can cause loss of custody If a judge believes that a parent poses a danger to their children due to their substance abuse issues, this may cause the parent to lose custody of those children. Courts want to do what is in the best interest of the children, even if it means separating the minors from one of their parents for a while. Something like supervised visitation, however, may still be an option in these cases. Parents can regain custody There is reason to still be hopeful after a parent goes through something as painful as losing custody of their child. For example, when a parent shows that they are willing to take steps to get help for their addiction, that can go a long way toward showing that they are on their way to being a fit and capable parent again in the eyes of the legal system. When parents and loved ones are aware of how addiction can affect child custody, they can make better decisions regarding seeking help and keeping the child’s best interests at heart.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. After parents call it quits on their marriage, child custody typically becomes contentious. Divorcing spouses experience conflict in the majority of cases. The following problems can worsen the situation. Everyone benefits from finding a resolution. Parenting techniques One reason for a couple getting a divorce could be an inability to agree on child-rearing tactics. For example, ideas about discipline, religion and nutrition might be different. Nonetheless, acting in unison can help maintain a peaceful coexistence. Parenting logistics Even when both parents agree on vital matters, scheduling still poses an obstacle. Constantly shuttling between houses burdens everyone in the family. Back-and-forth travel becomes even more demanding when there is a great distance involved. The question of who should give little Johnny or Sally a ride may become a constant theme. Fortunately, there are coparenting apps to help divorced parents with complex calendars. Sampling a few before settling on one remains a wise strategy. Parenting fitness Sadly, some are incapable of creating safe and loving environments for their offspring. One parent might be struggling with drugs or alcohol. Psychological problems, such as depression or post-traumatic stress disorder, may impede parenting skills. Abuse of any kind, physical or verbal, is never acceptable. All these scenarios cultivate dangerous conditions for little folk. Those with troubled counterparts ought to consider the involvement of professional services. Intervention could be lifesaving. There exists a greater possibility of the responsible adult receiving full-time custody. Raising a child after the dissolution of marriage poses a hefty challenge. Awareness of potential complications grants an opportunity to prevent them from taking root.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Protection orders are unfortunate but a necessary part of the New York legal system. If you recently went through a difficult divorce or breakup, sometimes the relationship devolves into abuse or harassment. According to WomensLaw.org, a New York order of protection requires the victim to allege one or more family offenses against the abuser. A family offense occurs when the victim and abuser have blood relations, married or have a child in common. Continue reading for a brief overview of the crimes that fall under a family offense. Disorderly conduct Disorderly conduct is a crime that covers several possible offenses. According to the New York State Senate, disorderly conduct occurs when the abuser intends to cause a public inconvenience or create annoyance and alarm. Behaviors that fall under this category might include fighting, threatening behavior, unreasonable noise, abusive language or refusal to comply with lawful conduct. Harassment Harassment may be in the first or second degree. Second-degree harassment occurs when the abuser strikes or uses physical contact to threaten the victim. It also occurs when the abuser repeatedly commits acts of annoyance or alarm that do not serve a purpose. First-degree harassment occurs when the victim becomes reasonably afraid for their safety. Usually, first-degree harassment leads to an additional charge of stalking. People who do not suffer from physical abuse often do not realize they are in an abusive relationship. There are many more crimes that might warrant an order of protection. Look out for the signs of a family offense, and do not accept a dangerous or emotionally harmful relationship with your ex-spouse.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. The relationship between grandparents and their grandchildren is precious and important. In many cases, grandparents not only provide love but emotional and financial support as well. Sometimes a divorce can overlook grandparents’ rights. If your son or daughter’s divorce has resulted in your seeing your grandchildren less than you would like, you can petition the court for formal visitation rights. What are the requirements to be able to file for visitation? The state of New York will grant visitation to biological and adoptive grandparents, as long as they find that the visitation order is in the best interest of the child. Before filing, the grandparent should be able to prove that: The pre-existing relationship with their grandchild was substantial and positive The children’s parents are preventing regular visits What else will the court consider? Once you establish a positive relationship, the court will consider other factors: The child’s age and wishes The distance between the grandchild’s home and visits with the grandparents The health and well-being of everyone involved The relationship between the custodial parent and the grandparents Can a grandparent file for full custody? In New York state, grandparents who wish to file for custody of their grandchildren must either have the consent of the parents or prove that there are extraordinary circumstances. Extraordinary circumstances may include: Child abuse or neglect Child abandonment Disruptions of custody for extended periods Grandparents are an important part of their grandchildren’s lives, and that relationship deserves support and protection. Filing for court-ordered visitation can assure both you and your grandchild that your relationship will continue despite the divorce.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. If your ex-spouse is harassing you or threatening your safety, you can apply for a protective order. A protective order legally restricts another person’s contact with you. Courts order parties to refrain from contact in various situations, but the most common use is in a divorce. New York has different options available to get a protective order. Types of protective orders The Family Court in New York can issue an order of protection for married persons, related persons,  those who share a child or otherwise have an intimate relationship. To apply to the Family Court for restraint against someone, you will need to fill out a Family Offense Petition. The Criminal Court can also issue an order of protection. The prosecuting attorney must petition the court on behalf of the alleged victim of the harassment. The Supreme Court of New York has the authority in ongoing criminal and divorce cases to rule on a motion for cause to prevent one party from contacting the other. Scope of declaration A declared restraint against someone can be for a limited duration or longer. Courts will usually grant a temporary order at an initial hearing and then extend it or make it final as the entire case gets heard. A limited protective declaration can prevent specific actions. A full order of protection prohibits all contact with the named party. If you are going through a divorce and your former spouse threatens you, you need to pursue the appropriate legal remedies to stop any harassment.