Nyack Divorce Lawyer
To schedule a consultation regarding any New York family law matter, contact McCormack & Phillips, Attorneys at Law. Our Rockland County family law firm provides sound advice and help in a range of issues including the following:
- Family law: In our law practice, we make a point of helping people avoid potential problems. For example, if divorce seems to loom ahead as an inevitability, a postnuptial agreement may be a useful tool to set the stage for an equitable resolution if, or when the marriage ends.
- Prenuptial agreements: Our attorneys advise clients of such issues as what items are classified as separate property, what are family assets (marital property), and what to expect in the event of divorce. Mature couples can handle discussions such as these in an "eyes wide open" spirit of fairness and practicality.
- Divorce: New York, unlike many other states, is not a no-fault divorce state. A fault cause must be put forth to seek a divorce, such as cruel and inhuman treatment, adultery, abandonment (a one year non-voluntary separation or longer), or "constructive abandonment" (which essentially means a refusal to have sexual relations for one year).
- Equitable distribution of assets: Assets acquired during a marriage are, with some exceptions, considered marital property and must be accounted for when a marital union is broken into two legally independent individuals.
- Child custody: Laws, family dynamics, mental health issues, the existence of parental drug problems or drinking problems, and practical considerations are all relevant factors in child custody and visitation decisions.
- Child support: Although child support for children of separated or divorce parents is largely determined by income-percentage formulas, there are many special circumstances that are best handled with the advice and assistance of an experienced attorney.
- Spousal maintenance: Unlike child support, alimony or spousal maintenance is not determined by a set formula. New York family courts take into account factors which vary from case to case when a dependent spouse seeks support from an economically superior spouse in a marital separation or divorce.
- Post decree modification: Be careful, the costs of pursuing a post decree modification may exceed the benefit to be gained by the petitioning party. It is important to discuss the potential cost, the possibility of being awarded counsel fees, and the possible results.
- Collaborative law: Collaborative law is a method of settling matrimonial and family law disputes with lawyers dedicated to settling and not litigating. The settlement should be in the best interests of the parties and their children. It assures that the proceedings will remain entirely private and confidential.
New York family law firm McCormack & Phillips, Attorneys at Law, welcomes inquiries from referring attorneys and potential clients.
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