Serving Families in Long Island and the New York Metropolitan Area
All matters of family law can be complicated and highly emotional. Whether you are going through a divorce, seeking child custody or support, navigating adoption, or managing any other family legal situation, you may face many challenges. But you do not have to face them alone.
At Anderson, Bowman, Wallshein PLLC, our team is here to provide the compassionate and dedicated support you deserve. We are trained to handle cases sensitively and efficiently, working to do what is best for our clients at every turn. Thousands have put their confidence in our firm. We invite you to do the same for your family law case.
Understanding the nuances of family law in New York is essential in resolving these deeply personal issues. Our attorneys have considerable experience in handling various family law cases, providing strategic guidance that aligns with the state's unique legal framework. We pride ourselves on our ability to craft tailored strategies that meet our clients' specific needs and circumstances, offering not just legal solutions but also peace of mind and direction during tumultuous times. We believe in a collaborative approach, working closely with our clients to ensure their voices are heard and their concerns addressed.
When to Call a Queens Family Law Attorney
Family law is a broad area of practice that encompasses divorce and much more. Our skilled lawyers at Anderson, Bowman, Wallshein PLLC are adequately prepared to represent you through any legal process arising from having a family.
You can trust our lawyers with the following services:
Contested and uncontested divorces
Annulments
Child support
Custody and visitation
Relocation
Equitable property distribution
Separation agreements
Protection orders
Adoption
Order enforcement and modification
Grandparents’ rights
Matrimonial appeals
Diligence, knowledge, and patience are key to success in the family law discipline. Each case requires personalized approaches to often delicate, life-changing matters. Although the stakes are high, our lawyers are unwavering in their commitment to championing your rights and protecting your long- and short-term interests.
With the rapidly evolving nature of family law, staying updated with the latest legal developments and reforms is crucial. Our commitment to professional development ensures that our clients benefit from the most current legal insights and strategies. Whether addressing the complexities of child custody arrangements or navigating the sensitive terrain of divorce mediation, we aim to minimize conflict and promote amicable resolutions that safeguard our clients' futures. Our firm understands that no two cases are alike, so we dedicate substantial time to analyzing each situation comprehensively, enabling us to deliver solutions that are as unique as the individuals we represent.
Set up a free consultation to discuss your situation and how we can help you. Call (929) 590-5053 or get in touch via our convenient online contact form.
Not sure where to start? Get a free consultation with our experienced attorneys to discuss your legal needs. We’ll provide you with clear guidance and expert advice, with no obligation.
Divorce in New York can be contested or uncontested. The former is when spouses do not agree on one or more conditions of the divorce, such as child custody or division of assets. In contrast, the latter is when spouses are willing to cooperate and reach an agreement on all aspects of their separation.
Other key components of New York divorces include, but are not limited to:
Grounds for Divorce in New York
For a spouse to file for divorce in New York, they must have an acceptable reason, known as “grounds.”
Below are the seven grounds for divorce:
Breakdown in the relationship for a period of at least six months
Cruel and inhuman treatment
Abandonment
Imprisonment
Adultery
Divorce after a legal separation
Divorce after a judgment of separation
Understanding the intricacies of each ground for divorce allows us to provide insightful and realistic advice tailored to your situation. For instance, proving cruelty or inhuman treatment may require substantial evidence, which our team can help you gather and present compellingly. When it comes to contentious issues like custody and asset division, our attorneys employ a meticulous approach, ensuring that every decision is made in the best interest of our clients and their families. By anticipating potential legal hurdles and planning accordingly, we aim to make the divorce process as smooth and efficient as possible.
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“Dustin Bowman’s intelligence and professionalism did not fail. His calmness and keen sense of knowledge helped to ease my stressor during this process, and all three cases were successful!”
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Our firm has earned national acclaim for its success, but our focus remains on providing compassionate representation for our community.
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Residency Requirements for Divorce in New York
One or both spouses must meet New York’s residency requirement for divorce. The filing party must have been a state resident for at least two years before initiating the divorce. Alternatively, the filing party can seek a divorce after one year as a resident if 1) the couple was married in the state, 2) the couple lived in New York while married, or 3) the grounds for divorce occurred in the state.
Residency requirements can sometimes complicate proceedings, especially if a spouse has recently relocated. Our legal team assists clients in navigating these complexities to ensure that the divorce process is not impeded by jurisdictional issues. We meticulously review each client’s residency situation to provide accurate guidance and determine the best course of action. This attention to detail helps prevent unnecessary delays and ensures compliance with all relevant legal standards.
Division of Assets & Debts During Divorce
New York is an equitable distribution state, meaning marital property will be divided fairly but not necessarily equally (i.e., 50-50). Property and debts subject to distribution generally include anything acquired during the marriage, such as real estate, personal property, retirement accounts, bank accounts, mortgages, credit card debts, and more.
Determining what constitutes marital versus separate property can often be contentious. Our experienced team works diligently to achieve a fair division that reflects our clients’ unique circumstances and priorities. We utilize sound negotiation skills to build solutions outside of court, whenever possible, while being fully prepared to litigate if needed. This balanced approach not only saves time and resources but also helps preserve relationships post-divorce.
Child Custody & Support Laws in New York
Factors that contribute to custody arrangements:
The child’s age and mental and physical health
The parents’ physical and mental health
Each parent’s parenting skills
Any history of domestic violence or abuse
The child’s wishes (if they are old enough)
In New York, parents are expected to provide financial support for their children until they reach 21. The state uses a formula to determine child support based on factors such as income, number of children, and custody arrangement.
Child custody battles can be both emotionally and legally challenging. Our firm prioritizes the child's best interests while staunchly advocating for our clients' parental rights. We provide clear guidance on the implications of different custody arrangements, helping parents understand how decisions may affect their children’s well-being. By fostering cooperative negotiation, we seek to minimize conflict and establish arrangements that serve the child’s best long-term interests.
Spousal Support in New York Divorces
Divorcing spouses may be entitled to financial support (often called alimony) from their soon-to-be ex-spouse. To determine whether this is the case, courts will consider factors such as length of marriage, either spouse’s income and earning potential, and other financial assets.
Navigating the complexities of spousal support requires both strategic insight and sensitivity to each client's needs. Our attorneys meticulously evaluate factors pertinent to alimony arrangements, advocating for fair outcomes that support our clients’ financial stability post-divorce. We employ negotiation and mediation techniques to reach agreeable arrangements, which may involve temporary or permanent support, based on the circumstances.
Benefits of Prenuptial Agreements
Our Queens family law and divorce attorneys excel at helping spouses establish prenuptial agreements. Although these documents might seem unromantic, we see them as essential for preventing disputes, protecting spouses’ individual assets, and promoting open communication among couples.
Deciding whether a prenuptial agreement is right for you and your spouse is very personal and requires serious discussions. Sorting out a marriage’s financial matters can be as complicated as planning the wedding. With our firm, however, you can get married with peace of mind, knowing your financial matters are in order.
Prenuptial agreements are not just for the wealthy; they are practical tools for anyone wishing to clearly define financial boundaries and expectations within a marriage. Our legal team provides guidance on the benefits of these agreements, helping couples engage in constructive conversations about finances and plans. By facilitating transparent and honest dialogue, we aim to strengthen marital foundations and prevent potential future disputes.
Need trusted family law & divorce lawyers in Queens? Get expert advice tailored to your case. Contact us online or call (929) 590-5053 for a free consultation!
Frequently Asked Questions
What Are the Benefits of Hiring a Family Law Attorney?
Hiring a family law attorney in Queens offers key advantages. Local attorneys understand New York family law, court procedures, and local challenges. Their personalized strategies ensure efficient, informed representation. With their support, you can reduce stress, stay focused on your life, and trust your attorney to handle the legal complexities while advocating for your rights effectively.
What Is the Process for Filing for Divorce?
Filing for divorce begins with preparing and filing a summons and complaint with the Supreme Court of New York. One spouse must meet residency requirements, and grounds for divorce must be specified. After receiving the required documents, the other spouse has an opportunity to respond, and both parties must exchange financial information. If issues such as division of assets or child custody are contested, the court may require mediation or issue temporary orders until the trial. Our legal team can guide you through this detailed process, ensuring compliance with all procedural rules to avoid unnecessary delays.
How Is Child Custody Decided in New York?
Child custody in New York focuses on the child's best interests, considering age, health, emotional bonds, parental capacity, and history of domestic violence. Gender is not a factor by law. Our family law & divorce lawyers in Queens work tirelessly to build a case that supports the best arrangement for your child, ensuring their needs are prioritized.
How Can I Modify a Custody or Support Order?
To modify a custody or support order in New York, a significant change in circumstances must be demonstrated. This could include a change in income, relocation, or a shift in the child’s needs. Filing a petition with the court is necessary, and both parties will have the opportunity to present evidence and testimony justifying the modification. It's important to document any changes thoroughly to support your case. Our attorneys are adept at navigating these modifications, working with clients to provide compelling evidence and advocate for updates to better reflect current realities.
What Makes Anderson, Bowman, Wallshein PLLC Different from Other Family Law Firms?
Anderson, Bowman, Wallshein PLLC stands out due to our unwavering dedication to personalized and empathetic service. We recognize that no two family law cases are alike, so we tailor our approach to meet each client’s unique needs and goals. Our extensive knowledge of New York state law, combined with a deep understanding of local court dynamics, allows us to provide strategic and effective representation. Clients appreciate our transparent communication and commitment to resolving cases through a combination of negotiation and litigation, ensuring that we pursue the most favorable and cost-effective outcomes possible.
Need Help with a Family Law Matter? Trust Your Case with Anderson, Bowman, Wallshein PLLC.
No matter how fraught or complicated your situation seems, our skilled attorneys are up for the task. As our client, you can expect to work closely with an attorney who sees you as more than just another case. We will treat your concerns and desires as our own in an effort to deliver the legal solutions you deserve. Plus, we have experience in numerous legal areas that may intersect with your case, from estate to business and real estate law, allowing us to offer comprehensive services.
We understand that legal issues do not arise in a vacuum and often intersect with other areas of life. Our comprehensively trained team supports clients' overall legal needs by considering each facet of their case, from financial planning to future implications of legal decisions. With our client-centered philosophy, we ensure that our strategies are not only effective but also aligned with your personal values and long-term goals.
For a trustworthy family law and divorce lawyer in Queens, call (929) 590-5053 or connect with us online. Free consultations are available.
