Matrimonial and family law encompass the laws and regulations governing marriage and issues involving your family. Matrimonial and family law also include the rules governing and process of separation, annulment or divorce. This includes laws relating to marital property, separate property, equitable distribution of property, spousal support and child support, and child custody when a marriage is in the process of being, or has been, dissolved. Matrimonial and family law also includes the interpretation of certain written agreements entered into by married couples or couples engaged to be married.
The New York Domestic Relations Law, along with New York contract law, provides the basic procedural framework for New York marriages, separations, annulments and divorces.
Matrimonial and family lawyers assist with any and all of the following:
There are a number of contracts in addition to the basic marriage contract that spouses can enter into before, during the course of, and preliminary to dissolving, a marriage. These include a pre-nuptial agreement; post-nuptial agreement; separation agreement and a marital settlement agreement (also known as a stipulation of settlement)
There are two forms of legal separation: a Judgment of Separation or a Separation Agreement. A Judgment of Separation is a lawsuit in which one or both spouses seek a court ruling that they be allowed to live separate and apart. A separation agreement is a document where the parties agree in writing to live separate and apart and settle who will be responsible for paying what bills, child custody and visitation, how property will be divided and other issues.
Spouses enter a marriage with property, and they accumulate property during the marriage, some of which might be owned individually and some of which might be owned jointly. If the marriage ends in a legal separation or divorce, there are many issues that can arise regarding how the property will be distributed.
Also called "alimony," "spousal support," or "maintenance," this is a temporary or permanent payment that a judge orders one spouse to pay to the other during a divorce proceeding and/or after a divorce is final. The payment enables the receiving spouse to maintain a standard of living; develop skills for self-sufficiency; and/or repay one spouse for the support given to the other spouse, while the latter pursues education or other career enhancing skills.
Payment made by one parent to the other parent pursuant to court order to enable children to maintain the same standard of living as they enjoyed while their parents were living together.
Often in family disputes, one or both parents will seek custody of a child or children. The court has broad discretion to order a wide variety of custody and visitation arrangements in order to meet the best interest of the child and specific needs of each family.
Separation and divorce proceedings can result in substantial fees for attorneys, accountants, appraisers, and other experts. Under certain circumstances, a judge can order a party to pay those fees.
At any stage of a marital relationship, an experienced matrimonial or family lawyer can help with resolving disputes and setting up appropriate agreements; from pre- and post-nuptial agreements to separations, annulments and divorce. A lawyer can help with property issues, child custody and support issues, as well as domestic violence matters. Lawyers can also be helpful if court intervention is required.
