Queens Family Lawyer: Navigating NY Family Law with Seasoned Counsel

For over two decades, I have dedicated my practice to guiding individuals and families through the intricate landscape of New York family law. As a senior attorney at Law Offices Of SRIS, P.C., I’ve witnessed firsthand the profound impact legal matters—from the dissolution of a marriage to disputes over child custody—can have on people’s lives. In Queens, New York, these challenges are compounded by the unique dynamics of a diverse and bustling borough, requiring not just legal acumen but also a nuanced understanding of local court procedures and community needs.

Family law encompasses a broad spectrum of deeply personal and often emotionally charged issues. It dictates the legal framework for marriage, divorce, child custody, visitation, child support, spousal maintenance, adoption, and protection against domestic violence. When these personal spheres intersect with the law, the stakes are undeniably high. Your future, your parental rights, and your financial stability can all hinge on the decisions made during these proceedings. Our role, as your legal counsel, is to provide the authoritative guidance and strategic representation necessary to navigate these complex paths with confidence and clarity, ensuring your rights are protected and your best interests fiercely advocated for.

Understanding Family Law in Queens, NY

Family law in Queens, NY, governs the legal rights and responsibilities of family members, encompassing a wide array of personal and interpersonal matters such as marriage, divorce, child custody, support, and domestic violence prevention, all strictly adjudicated under New York State statutes.

The foundation of family law in New York is primarily laid out in the New York Domestic Relations Law (DRL) and the New York Family Court Act (FCA). These statutes provide the legal framework for nearly every aspect of family life that may require judicial intervention. For residents of Queens, understanding these laws is paramount, as they directly dictate the legal process and potential outcomes of any family dispute. The DRL, for instance, extensively covers matters related to marriage, annulment, separation, and divorce, including the equitable distribution of marital property, spousal maintenance (alimony), and the determination of parental rights and obligations. It is the go-to statute for comprehensive matrimonial actions.

Complementing the DRL, the FCA governs the specific jurisdiction and procedures of the Family Court, which handles an array of critical issues that often arise separately from a divorce proceeding or require specialized attention. These include child abuse and neglect proceedings, paternity declarations, child support and spousal support enforcement, custody and visitation orders, and family offense petitions for orders of protection. While there is some overlap, particularly concerning children, the Family Court acts as a distinct judicial body designed to address the unique needs of families outside of the often broader scope of a Supreme Court matrimonial action. Navigating which court has jurisdiction over your specific issue is one of the initial, critical steps a seasoned family attorney will assist you with.

Other vital statutes include portions of the New York Social Services Law (SSL), particularly concerning child protective services and adoption, and the New York Civil Practice Law and Rules (CPLR), which dictates the procedural rules for all civil actions, including those in family and matrimonial courts. My extensive experience has taught me that the interconnectedness of these laws means that a thorough understanding of each, and how they apply in concert, is essential for providing effective counsel. For example, a child custody dispute initiated in Family Court might be transferred to the Supreme Court if a divorce action between the parents is subsequently commenced, demonstrating the fluidity and jurisdictional nuances that must be expertly managed.

The Legal Process: Courts and Agencies in Queens Family Matters

Family law cases in Queens are primarily heard in the New York State Supreme Court for matrimonial actions like divorce, and the New York City Family Court for issues concerning children, support, and family offenses, with various agencies playing critical enforcement and protective roles.

When you are involved in a family law matter in Queens, you will likely interact with one of two primary judicial bodies, or both, depending on the nature of your case. The distinctions between these courts and the roles of supporting agencies are crucial for understanding the legal process.

The **New York State Supreme Court (Matrimonial Division, Queens County)** is the court of general jurisdiction for all civil cases in New York, and it holds exclusive jurisdiction over matrimonial actions, specifically divorce, annulment, and judicial separation. If you are seeking to terminate your marriage, have your marital property equitably divided, or determine spousal maintenance, your case will proceed here. Proceedings in Supreme Court are often more formal and comprehensive, involving extensive discovery, motion practice, and potentially a trial if a settlement cannot be reached. My experience has shown that meticulous preparation for Supreme Court proceedings, particularly regarding financial disclosure and asset valuation, is critical for achieving a favorable outcome.

In contrast, the **New York City Family Court (Queens County)** serves a different, though often complementary, role. This court specializes in matters concerning children and family well-being that may or may not be tied to a divorce. Its jurisdiction includes child custody and visitation, child support, spousal support (when not part of a divorce action), paternity proceedings, family offense petitions (for orders of protection), and juvenile delinquency and child protective services (abuse and neglect) cases. The Family Court aims to be more accessible, often utilizing streamlined procedures, though the cases can be just as complex and emotionally charged. The procedural rules here, outlined in the **New York Family Court Act (FCA)**, dictate how petitions are filed, hearings are conducted, and orders are enforced.

Beyond the courts, several government agencies play a vital role in the enforcement and support aspects of family law. The **New York State Office of Temporary and Disability Assistance (OTDA)**, through its **Support Collection Unit (SCU)**, is instrumental in enforcing child support and spousal support orders. If a non-custodial parent fails to make payments, the SCU has powers to intercept tax refunds, garnish wages, or suspend licenses to compel compliance. Their involvement can provide a crucial enforcement mechanism for support recipients. Furthermore, the **Administration for Children’s Services (ACS)** is New York City’s child protective agency. ACS investigates reports of child abuse and neglect and can initiate proceedings in Family Court to protect children, potentially leading to foster care placement or the termination of parental rights if severe abuse or neglect is substantiated. Engaging with ACS can be daunting, and having experienced counsel is essential to navigate their investigations and court proceedings effectively.

Understanding which entity handles your specific issue and how to navigate their respective processes is a cornerstone of effective legal representation. My long-standing practice in Queens has provided me with invaluable insight into the particular nuances and tendencies of these courts and agencies, allowing for more strategic and informed advocacy on behalf of our clients.

Divorce and Marital Dissolution in Queens

Divorce in Queens, NY, requires navigating the equitable distribution of marital assets and debts, establishing spousal maintenance, and resolving child-related matters, all under the comprehensive framework of the New York Domestic Relations Law.

The process of divorce, or “marital dissolution,” in Queens, New York, is governed primarily by the **New York Domestic Relations Law (DRL)**. New York is a “no-fault” divorce state, meaning that a divorce can be granted if the relationship has “irretrievably broken down for a period of at least six months.” This significant change simplified the grounds for divorce, removing the need to prove fault such as adultery, cruel and inhuman treatment, abandonment, or imprisonment, though these traditional fault grounds can still be asserted. My experience suggests that while the “no-fault” option streamlines the initial filing, the real complexities often lie in the ancillary issues of property, support, and children.

One of the most critical aspects of divorce in New York is the **equitable distribution** of marital property and debt. Unlike community property states, New York does not mandate a 50/50 split. Instead, the Supreme Court, applying the principles outlined in **DRL Section 236B**, divides marital assets and debts “equitably,” meaning fairly, though not necessarily equally. This requires a thorough and often meticulous accounting of all assets acquired by either spouse from the date of marriage until the commencement of the divorce action. These assets can include real estate, bank accounts, investments, retirement funds, businesses, and even professional licenses or degrees if their value was enhanced during the marriage. Non-marital property, such as gifts or inheritances received by one spouse, is generally exempt from distribution. Accurate valuation of assets, especially complex ones like closely held businesses or professional practices, often requires financial experts and is an area where our firm brings considerable experience to bear. Protecting your financial interests during this process is paramount.

Another significant consideration in divorce is **spousal maintenance**, often referred to as alimony. The DRL provides statutory formulas and factors for determining temporary and post-divorce maintenance. The goal of maintenance is generally to provide the less financially advantaged spouse with financial support for a period, allowing them to become self-supporting. Factors considered by the court in determining the amount and duration of maintenance include the income and property of each party, the duration of the marriage, the age and health of the parties, the present and future earning capacity of each party, and contributions by one party to the other’s career. My approach involves a comprehensive analysis of financial circumstances to either secure fair maintenance or defend against excessive claims, always aiming for an equitable outcome that considers the long-term financial viability of both parties.

Finally, if there are children of the marriage, issues of child custody, visitation, and child support must also be addressed as part of the divorce proceeding. While the Supreme Court has jurisdiction over these matters in a divorce, it often applies the same “best interests of the child” standard and guidelines used by the Family Court. These critical decisions shape the co-parenting relationship and financial responsibilities for years to come. Successfully navigating a divorce in Queens requires a clear understanding of these intertwined issues and a strategic approach that prioritizes both your immediate and long-term well-being.

Child Custody, Visitation, and Support in New York

Child custody, visitation, and support in New York are determined by the “best interests of the child” standard, with specific guidelines in the Domestic Relations Law and Family Court Act governing how parental rights and financial obligations are established and enforced.

The most sensitive and often contentious aspects of family law involve children. In New York, all decisions regarding child custody, visitation, and support are made with the paramount consideration of the “best interests of the child.” This is not a static definition but rather a holistic assessment by the court of numerous factors designed to ensure the child’s physical, emotional, and developmental well-being. Both the **New York Domestic Relations Law (DRL)**, particularly in the context of divorce, and the **New York Family Court Act (FCA)**, for standalone custody and support petitions, lay out the legal framework.

Child Custody and Visitation: New York recognizes two primary forms of custody: legal custody and physical (or residential) custody. Legal custody refers to the right and responsibility to make decisions about the child’s upbringing, including education, healthcare, and religious instruction. It can be sole (one parent makes all decisions) or joint (parents share decision-making). Physical custody determines where the child primarily lives. It can also be sole (child lives primarily with one parent) or joint (child spends significant time with both parents). While joint physical custody is less common than joint legal custody, courts will consider it if it’s in the child’s best interests and the parents demonstrate an ability to co-parent effectively. Factors influencing a court’s custody decision include, but are not limited to: each parent’s ability to provide for the child’s needs; the child’s wishes (depending on age and maturity); stability of the home environment; parental fitness; and any history of domestic violence or substance abuse. My approach is always to seek a custody arrangement that fosters stability and healthy development for the child while protecting our client’s parental rights.

Visitation: Unless a parent is deemed unfit or poses a danger to the child, courts typically grant the non-custodial parent visitation rights. These can range from highly structured schedules to more flexible arrangements, always with the child’s best interests at heart. Grandparents and even siblings may also petition for visitation rights under certain circumstances, as outlined in the DRL. Crafting a visitation schedule that is practical, fair, and accommodates the child’s routine requires careful negotiation or, if necessary, litigation. Our firm assists clients in developing comprehensive parenting plans that address not only daily schedules but also holidays, vacations, and special events.

Child Support: In New York, child support is calculated using the Child Support Standards Act (CSSA), detailed in **DRL Section 240** and **FCA Section 413**. This act provides a statutory formula based on the combined parental income up to a certain cap, and a percentage applied based on the number of children: 17% for one child, 25% for two, 29% for three, 31% for four, and 35% for five or more children. The non-custodial parent is then responsible for their pro rata share of this basic child support obligation. Beyond this basic amount, courts also consider “add-on” expenses, such as childcare costs, health insurance premiums, and unreimbursed medical expenses, as well as educational expenses. For combined parental income exceeding the statutory cap (which adjusts periodically), courts have discretion to apply the percentage to the overage, or use various factors to determine additional support, considering the child’s actual needs and the parties’ financial circumstances. Obtaining accurate financial disclosure is paramount in these cases to ensure a fair and accurate child support order. The **New York State Office of Temporary and Disability Assistance (OTDA), Support Collection Unit (SCU)**, plays a crucial role in the enforcement of these orders, providing a mechanism for collection and disbursement.

Given the long-term implications of custody, visitation, and support orders, securing knowledgeable legal representation is not merely beneficial—it is often essential to protect your rights and ensure the well-being of your children.

Navigating Family Offenses and Protective Orders

In Queens, addressing family offenses involves seeking an Order of Protection through the New York City Family Court, a critical legal tool provided by the New York Family Court Act to safeguard individuals from domestic violence and harassment.

Beyond divorce and custody, family law in Queens frequently addresses more immediate and critical safety concerns, specifically family offenses and the pursuit of Orders of Protection. These matters are handled exclusively in the New York City Family Court (Queens County), under the provisions of **Article 8 of the New York Family Court Act (FCA)**. A “family offense” is defined as specific criminal acts committed by one family or household member against another. These acts include assault, aggravated harassment, menacing, reckless endangerment, strangulation, stalking, and harassment, among others. The critical distinction here is the relationship between the parties: they must be legally married, formerly married, have a child in common, be related by blood or marriage, or be in an intimate relationship, to qualify as a “family” for the purpose of an Article 8 petition.

When an individual is a victim of a family offense, they can petition the Family Court for an Order of Protection. This order is a directive issued by the court to the offending party, prohibiting them from certain actions, such as committing any further family offenses, coming within a specified distance of the petitioner or children, communicating with them, or even requiring them to move out of the shared residence. An Order of Protection can be temporary (issued quickly, often at the first court appearance, if there is a prima facie showing of a family offense) or final (issued after a hearing where the court determines, by a fair preponderance of the evidence, that a family offense was committed). The duration of a final Order of Protection varies depending on the severity of the offense and whether aggravating circumstances exist, but can range from two to five years.

The process begins with the filing of a Family Offense Petition in Queens Family Court. The petitioner must allege specific facts demonstrating that a family offense occurred. Once the petition is filed, the court may immediately issue a temporary Order of Protection if the allegations warrant it. The respondent is then served with the petition and the order, and a series of court appearances (called “appearances”) are scheduled. During these appearances, the parties may engage in settlement discussions, or the case may proceed to a fact-finding hearing, which is akin to a non-jury trial where both sides present evidence and testimony. Navigating these hearings requires a confident understanding of evidence rules and courtroom procedure. A violation of an Order of Protection is a serious matter and can lead to immediate arrest and potential criminal charges, in addition to further Family Court action.

Given the high stakes involved in these cases—personal safety and freedom—securing immediate legal representation is paramount. As a senior attorney, I have represented countless individuals in Queens seeking protection or defending against allegations of family offenses. My counsel is geared towards ensuring safety, understanding the legal nuances of the FCA, and pursuing the most effective legal remedies available to protect our clients and their families.

Legal Strategies for Family Law Cases in Queens

Effective legal strategies in Queens family law cases involve a comprehensive approach, from thorough preparation and strategic negotiation to, when necessary, assertive litigation, always aiming to align with the client’s goals while adhering to New York statutes.

Successfully navigating a family law matter in Queens requires more than just knowing the law; it demands a strategic vision tailored to your unique circumstances. With over 20 years of hands-on experience, I emphasize a multi-faceted approach to legal strategy, ensuring every angle is considered to achieve the most favorable outcome for our clients.

Thorough Preparation and Discovery: The cornerstone of any strong legal strategy is meticulous preparation. This involves comprehensive financial disclosure, gathering all relevant documents (as outlined in the SRIS Queens Family Law Navigator), and compiling a detailed timeline of events. In divorce cases, understanding the full marital estate—assets, debts, income, and expenses—is paramount for equitable distribution and spousal maintenance. For custody matters, detailed accounts of parental involvement, living arrangements, and any significant incidents are crucial. The discovery phase, where information is exchanged between parties, is not merely procedural; it’s a strategic opportunity to build a robust case and identify potential weaknesses in the opposing party’s position. Our firm dedicates substantial resources to ensuring this phase is handled with precision and diligence.

Strategic Negotiation and Alternative Dispute Resolution (ADR): While litigation is always an option, a seasoned attorney understands the value of strategic negotiation. Reaching a mutually agreeable settlement can often save clients significant time, emotional strain, and financial resources compared to a protracted court battle. This can involve direct negotiations between attorneys, or formal mediation, where a neutral third party facilitates discussions. Mediation, in particular, can empower parties to craft creative solutions that a court might not be able to order. My role in negotiation is to advocate fiercely for your interests, leveraging the strengths of your case while being pragmatic about potential compromises, always with an eye toward preserving future co-parenting relationships if children are involved.

Assertive Litigation: When settlement is not possible or advisable, preparing for and engaging in litigation becomes the primary strategy. This means presenting a compelling case in court, whether it’s through motion practice, evidentiary hearings, or a full trial. Litigation requires a confident command of courtroom procedure, evidence rules, and the ability to effectively cross-examine witnesses and present arguments to the judge. This is where decades of courtroom experience become invaluable. Our firm is prepared to litigate complex issues such as business valuations, parental fitness, and high-conflict custody disputes in the New York State Supreme Court or Queens Family Court, ensuring your voice is heard and your rights are protected through every phase of the judicial process.

Focus on Children’s Best Interests: In any case involving children, the ultimate strategy must always align with the “best interests of the child” standard. This means advocating for custody and visitation arrangements that promote their stability, well-being, and healthy development. It often involves demonstrating your capacity as a parent, providing a stable environment, and fostering a positive relationship with both parents, where appropriate. My experience has shown that courts look favorably upon parties who prioritize their children’s needs above personal animosity.

By combining meticulous preparation, strategic negotiation, and assertive litigation, Law Offices Of SRIS, P.C. crafts a comprehensive legal strategy designed to navigate the complexities of Queens family law and secure the most favorable outcomes for our clients.

Common Mistakes to Avoid in Queens Family Law Cases

Navigating family law in Queens can be fraught with emotional and legal pitfalls. Based on my extensive experience, I’ve identified common mistakes that individuals often make, which can severely jeopardize their case outcomes. Avoiding these errors is critical for a favorable resolution:

1. Inadequate Financial Disclosure: Failing to fully disclose all assets, debts, income, and expenses is a grave error. New York law requires complete and honest financial transparency, especially in divorce and support cases. Hiding assets or misrepresenting income can lead to severe penalties, including adverse court orders, sanctions, or even criminal charges. My counsel always stresses the importance of scrupulous honesty and thoroughness in financial reporting.
2. Violating Court Orders or Agreements: Disregarding temporary orders, visitation schedules, or support obligations, even inadvertently, can have serious repercussions. It undermines your credibility with the court and can result in contempt charges, fines, or changes to custody arrangements. Always seek legal advice before deviating from an order, no matter how minor it may seem.
3. Engaging in Destructive Social Media Behavior: What you post online can and will be used against you in court. Publicly disparaging your spouse or co-parent, posting inappropriate photos, or detailing your legal woes can significantly harm your case, particularly in custody disputes. Exercise extreme caution and assume anything you post is public information.
4. Allowing Emotions to Dictate Decisions: Family law cases are inherently emotional, but allowing anger, resentment, or sadness to override sound legal judgment is a common pitfall. Making impulsive decisions, refusing reasonable compromises, or engaging in vengeful actions can prolong the process and lead to unfavorable outcomes. A seasoned attorney provides a necessary objective perspective.
5. Moving Children Without Court Approval: If you share custody or visitation, relocating with your children without prior court permission or the other parent’s consent can be a serious violation, potentially leading to a loss of custody. Always consult with your attorney about relocation plans well in advance.
6. Failing to Seek Professional Counsel Early: Many individuals try to navigate the initial stages of a family law matter on their own, only seeking legal counsel when issues escalate or become entangled. Early intervention from a knowledgeable Queens family lawyer can help you understand your rights, avoid critical mistakes from the outset, and develop a proactive strategy, often preventing more costly and complex problems down the line.
7. Ignoring Documentation: Failing to keep thorough records of communications, financial transactions, medical appointments, or school events can weaken your case. Documentation provides verifiable evidence, which is essential for proving claims or refuting allegations.

Glossary of Key Family Law Terms

Equitable Distribution

The legal principle in New York divorce law requiring marital property and debt to be divided fairly, but not necessarily equally, between divorcing spouses. This process considers various factors, including the length of the marriage, income, and contributions of each spouse.

Spousal Maintenance (Alimony)

Financial support paid by one spouse to the other after a divorce, intended to provide the receiving spouse with income for a specific period to become self-supporting. New York law provides statutory formulas and factors for its calculation and duration.

Legal Custody

The right and responsibility to make significant decisions regarding a child’s upbringing, including education, healthcare, and religious instruction. Can be sole (one parent) or joint (both parents).

Physical Custody (Residential Custody)

Determines where the child primarily lives. Can be sole (child lives with one parent) or joint (child spends significant time with both parents), based on the child’s best interests.

Best Interests of the Child

The overarching legal standard applied by New York courts when making decisions about child custody, visitation, and sometimes support. It refers to a comprehensive assessment of factors promoting the child’s physical, emotional, and developmental well-being.

Family Offense

Specific criminal acts (e.g., assault, harassment, menacing) committed by one family or household member against another, which can lead to the issuance of an Order of Protection in New York Family Court.

Order of Protection (OP)

A civil court order issued by the Family Court or Supreme Court, designed to protect an individual from abuse, threats, or harassment by another family or household member. It can impose various restrictions on the offending party.

Common Scenarios & Questions for Queens Residents

In my years serving clients in Queens, I’ve encountered countless variations of family law challenges. Here are a few common scenarios and the typical questions that arise, reflecting the real-world concerns of residents:

Scenario 1: High-Net-Worth Divorce in Forest Hills
A successful professional living in Forest Hills is contemplating divorce after a long marriage. They own several properties, a thriving business, and complex investment portfolios.
Question: “How will my significant assets, including my business and retirement accounts, be divided in a New York divorce, especially given the complexities of equitable distribution? What steps can I take now to protect my financial interests?”

Scenario 2: Child Custody Dispute in Astoria with Relocation Concerns
A single parent in Astoria, who has primary physical custody of their child, receives a job offer in another state that would significantly improve their financial stability. The other parent, who lives in Queens and has visitation rights, opposes the move.
Question: “Can I move out of New York State with my child if my ex-partner objects? What are the legal requirements and factors the Queens Family Court will consider when deciding on relocation for a child?”

Scenario 3: Enforcement of Child Support in Jamaica
A custodial parent in Jamaica, Queens, is not receiving consistent child support payments despite a standing court order. The non-custodial parent is self-employed and claims fluctuating income.
Question: “My ex-partner is not paying child support as ordered, and they are self-employed, making it hard to track their income. What enforcement mechanisms are available through the Support Collection Unit or Family Court in Queens to ensure payments are made?”

Scenario 4: Domestic Violence and Need for Immediate Protection in Flushing
An individual in Flushing is experiencing escalating threats and harassment from a spouse and fears for their safety. They need immediate legal intervention.
Question: “I am facing domestic threats from my spouse. How quickly can I obtain an Order of Protection through the Queens Family Court, and what steps do I need to take to ensure my safety and that of my children?”

Frequently Asked Questions (FAQ)

Navigating family law can bring forth numerous questions. Here are answers to some of the most common inquiries I receive from clients in Queens:

Q1: What is the difference between a divorce in Supreme Court and a case in Family Court in Queens?
A1: The New York State Supreme Court (Matrimonial Division) handles divorce, annulment, and legal separation, including equitable distribution of marital property and spousal maintenance. The New York City Family Court focuses on child custody, visitation, child support, paternity, and family offense (Order of Protection) cases, which may or may not be related to a divorce. There is some overlap in child-related matters, and sometimes a case can be transferred from one court to the other.

Q2: How long does a divorce take in Queens, New York?
A2: The duration of a divorce in Queens varies significantly depending on its complexity, whether it’s contested or uncontested, and court caseloads. An uncontested divorce with a full agreement can be finalized in a few months, while a highly contested divorce involving complex assets, business valuations, or heated custody disputes can take 1-3 years, or even longer.

Q3: Is New York a 50/50 divorce state?
A3: No, New York is an equitable distribution state, not a community property state (which mandates 50/50). Equitable distribution means marital property and debt are divided fairly, but not necessarily equally, based on numerous factors outlined in the Domestic Relations Law. The outcome depends heavily on the specific circumstances of the marriage.

Q4: How is child support calculated in New York?
A4: Child support is calculated using the Child Support Standards Act (CSSA). It’s primarily based on the combined parental income up to a statutory cap, applying a specific percentage based on the number of children. “Add-on” expenses like childcare, health insurance, and unreimbursed medical costs are also factored in. For income above the cap, the court has discretion.

Q5: Can I modify my child custody or support order in Queens?
A5: Yes, existing child custody, visitation, or support orders can be modified. For custody/visitation, you must demonstrate a “change in circumstances” warranting a modification in the child’s best interests. For child support, you generally need to show a substantial change in circumstances, three years have passed since the order, or a 15% change in gross income for either party.

Q6: What is the “best interests of the child” standard?
A6: This is the paramount legal standard New York courts use to make decisions about child custody and visitation. It involves evaluating numerous factors, including parental fitness, stability of the home, the child’s wishes (if old enough), past parenting practices, and the ability of each parent to provide for the child’s emotional and physical needs.

Q7: Do I need a lawyer for a Family Court case in Queens?
A7: While you have the right to represent yourself, Family Court cases can be incredibly complex and have significant, long-lasting consequences. A seasoned family attorney can help you navigate procedures, present your case effectively, protect your rights, and advocate for the best possible outcome, which is highly advisable.

Q8: What is a temporary order of protection?
A8: A temporary order of protection (TOP) is an order issued by the Family Court or Supreme Court early in a family offense case or divorce, designed to provide immediate safety. It is issued based on allegations and can prohibit the respondent from specific actions until a full hearing is held to determine if a final order is warranted.

Q9: How does spousal maintenance (alimony) work in New York?
A9: Spousal maintenance is financial support paid by one spouse to another after a divorce. New York utilizes advisory guidelines to calculate temporary maintenance during a divorce and provides factors for determining post-divorce maintenance, considering the parties’ incomes, duration of marriage, age, health, and earning capacities, among other things.

Q10: What is considered “marital property” in a New York divorce?
A10: Marital property includes all property acquired by either or both spouses during the marriage, regardless of whose name it is in. This can include real estate, bank accounts, investments, retirement accounts, businesses, and even increased value of separate property attributable to marital efforts. Separate property (e.g., inheritances, gifts to one spouse, or property acquired before marriage) is generally exempt from distribution.

Q11: Can a father get custody of his child in New York?
A11: Yes, New York law is gender-neutral when it comes to custody. Courts base custody decisions solely on the “best interests of the child,” without preference for either parent based on gender. A father has equal rights to seek and obtain both legal and physical custody, provided he can demonstrate it is in the child’s best interests.

Q12: What if my spouse refuses to disclose financial information during our divorce?
A12: New York law requires full and complete financial disclosure. If a spouse refuses, your attorney can file motions with the court to compel disclosure, seek sanctions, or even have negative inferences drawn against the uncooperative party, which can severely impact their position in the divorce. Aggressive legal action is often necessary to enforce discovery obligations.

Q13: How does domestic violence impact child custody and visitation?
A13: A finding of domestic violence is a significant factor in custody and visitation determinations. The court must consider any history of domestic violence by either parent against the child or another parent when making decisions, and it can lead to sole custody for the non-abusive parent, supervised visitation, or other protective measures to ensure the child’s safety.

Q14: What is a separation agreement, and do I need one?
A14: A separation agreement is a legally binding contract between spouses who are separating but not yet divorcing. It can address issues like property division, spousal support, and child custody/support. While not always required, it can be a useful tool to formalize terms of separation and can later be incorporated into a final divorce judgment, simplifying the divorce process.

Q15: Can I get my attorney’s fees paid by my spouse in a divorce?
A15: In New York, the Domestic Relations Law provides that the court may direct one spouse to pay the other’s attorney’s fees to ensure that the less monied spouse has the means to prosecute or defend the action. This is generally aimed at leveling the playing field and is determined based on financial disparity and other factors.

When facing these complex legal questions in Queens, the guidance of a seasoned family attorney is invaluable. At Law Offices Of SRIS, P.C., we stand ready to provide the authoritative counsel and diligent representation you deserve.

If you are navigating a family law matter in Queens, New York, do not face it alone. The complexities of the legal system, coupled with the emotional weight of family disputes, demand seasoned guidance. Contact Law Offices Of SRIS, P.C. today for a confidential case review. Call 888-437-7747. We are here to protect your rights and advocate for your family’s future.

Disclaimer: This article provides general information and is not intended as legal advice. Laws are complex and subject to change. For advice on specific legal issues, please consult with a qualified attorney. The use of this information does not create an attorney-client relationship.