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New York Family Lawyers

New York Family law deals with some family issues including marriage (prenuptial and post-nuptial agreements), adoption, stalking, protective orders, and divorce. Divorce is a complicated process that includes spousal support, child support, and division of property. A family lawyer is well-versed in all legal matters in this area and can provide consultation as well as legal representation.

Important Legal Terms in Family Law

· Prenuptial and Post-nuptial Agreements
These agreements are signed by spouses and dictate the terms of separation of property in the event of a divorce or death of one spouse. These agreements can either be signed before or after the couple gets married.

· Alimony, also known as spousal maintenance
It is the financial support given to one spouse by another in the event of a divorce. Usually, the spouse who earns more provides alimony support to the other spouse.

· Paternity
It refers to the origin of an individual or who their father is. In cases where the paternity of a child is in question, the court can demand a paternity test to be carried out to determine the child support as well as the maintenance.

· Emancipation is the process through which an individual who is not yet an adult assumes responsibility for themselves and is no longer taken care of by their parents or guardians.

· Marital property refers to property that was acquired during a marriage and is usually considered to be the property of both spouses unless there was a prenuptial or post-nuptial agreement in place at the time of filing for divorce.

Instances When You Need a Family Lawyer

A family lawyer is needed in various instances. One of the main situations is divorce. Whether you have figured out the critical details in a divorce such as child custody and alimony or not, you still need a lawyer. A family lawyer will help you work out the details of child custody arrangements, maintenance, and division of marital property. There are various child custody arrangements in New York from physical custody, legal custody, and joint custody.

Spousal maintenance is another area of divorce that a lawyer will help you figure out. According to New York law, if one spouse needs financial assistance for their support and that of their children, then they will be granted temporary maintenance until the divorce is finalized. Factors that affect spousal maintenance include the age and health of the spouses, the duration of the marriage, the financial stability of the couple, and how marital assets have been divided among others.

If you are getting married, you can have a family lawyer help you draft a prenuptial agreement. After marriage, a lawyer can help you with your post-nuptial agreement. For these two arrangements, it is better to have separate lawyers to make the agreement more enforceable in court when the need arises.

If you want to adopt a child, then a family lawyer will help you through the application process. You can alternatively choose to go through an adoption agency, all aided by the help of a lawyer.

Protective orders also called restraining orders fall under family law, and so a family lawyer can help defend you against a restraining order or help you file one.

If you have been charged with stalking or have a stalker, then a family lawyer will help you either file charges or build up a defense against stalking charges.

Lastly, anyone seeking to annul a marriage will require a family lawyer to help them through the process.

Although family law is one large arm, you may need representation by different lawyers who have specialized in the various areas mentioned above.

FAQ

Is a divorce settlement enforceable if a spouse dies?

If your spouse dies, and you are legally divorced – then you are not entitled to any additional assets, above and beyond what was promised to you in the divorce proceedings. If the spouse dies, after a divorce settlement, his or her estate will be distributed according to your state’s laws. The estate is typically divided between the spouse and kids. In this case, since you aren’t his/her spouse – the estate will be divided between the children.

How to enforce it

Typically, the way to enforce a divorce settlement, is to hire an attorney who can reach out to the estate of your spouse – in order to get the funds from the settlement you were entitled to. Assuming the funds exist, in the estate, you can get them as a result of your divorce settlement. Just because your spouse died, doesn’t mean you aren’t entitled to anything. You can still get what you are owed – it’ll just be from his/her estate. At the end of the day, it might take a bit longer to get it – but you’ll get it.

What if my state doesn’t allow a legal separation?

Legal separation, much like all divorce laws – is on a state by state basis. Each state has different laws. If you fulfill the residency requirement of your state, then you are obligated to file the divorce in that state – and thus, you’re governed by the rules in that state as well.

Legal separation is a legal agreement that allows husband/wife to live separately, and formalize the separation of things like spousal support, child custody, visitation rights, etc. It’s not equivalent to a divorce, and recognizes the fact that the couple could reunite later. It doesn’t terminate the marriage, or allow the parties to remarry.

If your state doesn’t allow legal separation, then you need to make some hard choices.

  1. Do I really want to separate? It might still be possible to separate, but it’ll extremely difficult.
  2. You can move to another state, and attempt to fulfill the residency requirements of that state. If you live in another state, and qualify as a resident of that state – then you can file for a legal separation in that state. This would make it so you can “get around,” the issue of your own state not allowing legal separation.

Can my marriage be annulled if he wasn’t using his real name?

In New York, marriages can only be annulled under the following circumstances.

  • the marriage is incestuous. if the marriage fits this criteria, then it can be annulled.
  • the marriage is a bigamous marriage. this occurs when one, or both spouses, gets married while being legally married to another living person.
  • the marriage was performed by a person who lacked the legal authority to perform the marriage.

If he wasn’t using his real name, that cannot be grounds for an annulment, while it certainly could be a ground for divorce. When a marriage is voided, the marriage license is nullified – as if it were never granted. As a result, legally – there is no actual marriage. If you have children as a result of the void marriage, it might be important to get a formal declaration of nullity – in order to ensure your children get all the rights, and privileges, they are entitled to as a result of inheritance + child support.

If your spouse was a bigamist, that would render your marriage void. However, if you were married to the person for a while – that may still entitle you to alimony. Therefore, you will need a formal declaration of nullity by the court in order to get the alimony.

Bottom line though – simply lying about his/her name is not enough to get an annulment.

 

 


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Charle Butler
Charle Butler
2021-03-12
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I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
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Mesonista parsons
2021-03-05
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My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
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Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
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Asata Hendricks
2021-03-02
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Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
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I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
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Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
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I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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