The legal system is complex, and having to work within it is always an emotional experience, especially when dealing with family matters. Whether you’re facing a custody battle, seeking child support, or addressing issues related to abuse or neglect, understanding what to expect in Family Court in New York is crucial. Here’s a brief overview from a family court lawyer in Forest Hills, NY.

What is Family Court?

Family Court is a specific branch of the New York court system that deals exclusively with legal issues surrounding families and children. It handles cases of child custody and visitation, resolving disputes about legal and physical custody of children, as well as visitation rights for noncustodial parents. Paternity cases and child support cases also go through Family Court, determining and enforcing financial support obligations for children.

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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.

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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

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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.

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On Behalf of The Law Offices of Joseph H. Nivin, P.C.

Divorce is a challenging life event that can have significant financial implications.

To safeguard your financial stability during this process, plan carefully and make prudent choices.

1. Assess your financial situation

Start by thoroughly examining your financial circumstances. Compile a comprehensive list of your assets and debts to gain a clear understanding of your financial standing. Also factor in potential new debt and expenses. In 2023, 40% of survey respondents incurred between $5,000 and $10,000 in debt after their divorce

2. Create a budget

Establishing a budget is a wise move. Determine your monthly expenses, including housing, utilities, groceries and other essentials. Knowing your spending habits will enable you to make informed decisions.

3. Gather financial documents

Collect all relevant financial documents, such as bank statements, tax returns, and investment records. Having these in order will streamline the divorce process and ensure you receive your fair share.

4. Open individual accounts

Consider opening individual bank and credit card accounts in your name only. This will help you establish financial independence and protect your credit score.

5. Adjust beneficiaries and wills

Review and promptly update the beneficiaries listed on your insurance policies, retirement accounts and will to ensure that these documents accurately align with your current desires and preferences.

6. Consider tax implications

Divorce can have tax consequences. Seek guidance on how the division of assets and spousal support may affect your tax liability. Being aware of potential tax implications will prevent surprises down the road.

7. Focus on future financial goals

Begin to plan for your financial future. Set clear goals and develop a strategy for achieving them, whether it is saving for retirement, buying a home or financing your children’s education.

By taking these proactive steps, you can ensure a smoother transition into your post-divorce financial life.

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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.

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On Behalf of The Law Offices of Joseph H. Nivin, P.C. 

Divorce proceedings are seldom easy. When a couple finds themselves in a contested divorce situation, the complexities can escalate significantly.

In such cases, both parties need to maintain some stability and ensure the protection of their rights and interests throughout the process. This is where temporary orders come into play. These orders establish a framework for the duration of the divorce proceedings, ensuring that both spouses have access to necessary.

1. Financial stability

One of the primary reasons couples seek temporary orders is to secure their financial stability during the divorce process. This includes provisions for spousal support and child support. Without temporary orders, one spouse may find themself in a precarious financial situation, which can further complicate an already tense situation.

2. Child custody and visitation

For couples with children, determining child custody and visitation rights can be emotionally charged and contentious. Temporary orders can help establish a temporary custody arrangement that ensures the children’s well-being and preserves the rights of both parents to spend time with their children.

3. Exclusive use of property

In many divorces, couples share a home or other properties. Temporary orders can grant exclusive use of the marital home or certain assets to one spouse, providing a sense of stability and privacy during the divorce proceedings.

4. Preservation of marital assets

Temporary orders may also involve directives to prevent the dissipation or sale of marital assets without mutual consent. This safeguards the value of shared properties and assets until determining the final division.

Contested divorces accounted for 5.5% of the New York Supreme Court’s 152,484 new cases in 2022, which may mean a divorce turning into a long, drawn-out process. By seeking temporary orders, couples can mitigate some of the emotional and financial burdens that often accompany the process.

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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.

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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.

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On Behalf of The Law Offices of Joseph H. Nivin, P.C. 

Divorce is a lengthy process. There are a few major steps that you must take to go through it. If you want a legal separation, you would follow the same steps. If you separate, there is a waiting period before your divorce.

The key to successfully going through a divorce is to know the steps you need to take ahead of time. Here are the steps you must go through to get your divorce.

Start your case

To start your case, you must file for divorce with the courts and let your spouse know about it formally. Then, your spouse will respond by agreeing to participate or not.

Share financial information

If you filed for divorce first, you must share your financial information. Your spouse must also fill out this portion of the divorce forms if they decided to participate in the process.

Divvy up assets

Your next step is to divide your assets and debts as well as child care and spousal or child support. You can use mediation or agree to these things outside of the courts or you can let the state make these decisions for you.

Finalize it

The last step is the longest, but once you get through it, you are almost finished. Your last step is to submit your final paperwork and the court will dissolve your marriage.

If you have decided that you want a divorce, get started on these steps as soon as possible. That will help you get through it sooner so you can get your divorce.

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