When family relationships become entangled with legal matters, it can be stressful, both emotionally and financially. At the same time, the high stakes of family law cases make it essential to hire an attorney who can protect your interests and guide you through the legal process. But how do you know which firm to choose for these sensitive matters?

The New York matrimonial and family law attorneys of Harfenist Kraut & Perlstein LLP know the law can be intimidating when personal relationships and family are involved. Our seasoned attorneys tailor their approach to your unique situation, offering focused strategies to help you achieve the best possible outcome. By combining our broad knowledge and skilled advocacy, we can make a positive difference in your life. Call Harfenist Kraut & Perlstein LLP today at 516 355-9600 or complete our contact form for a consultation.

Why You Need A New York Family Law Attorney

Understanding Legal Complexities: Family law is a complex area that involves numerous statutes, regulations, and case law. A knowledgeable attorney can effectively guide you through these intricacies, ensuring that all relevant laws are correctly applied to your case.

Effective Representation: A seasoned attorney can advocate for your rights and interests in court proceedings or negotiations. They can present your case in the most favorable light, making persuasive arguments to the judge or opposing counsel.

Objective Advice: During a stressful and emotional family dispute, it’s vital to have objective guidance. An experienced attorney can provide a balanced perspective and prevent emotionally-driven decisions that could negatively affect your case’s outcome.

Paperwork and Procedures: Legal matters require extensive paperwork and adherence to specific procedures. An attorney can ensure that all documents are correctly completed, deadlines are met, and procedures are followed accurately, avoiding costly mistakes.

Negotiation Skills: Family disputes often involve complex, emotional issues such as property division, child custody, or child support. An experienced attorney can help negotiate fair terms and protect your interests.

Confidentiality: Attorneys must follow professional rules that require them to keep client information confidential. They provide a safe space to discuss your concerns and issues without fear that this information will become public, which could impact your case.

Strategic Planning: A seasoned attorney can develop a strategy tailored to your specific situation, increasing your chances of achieving your desired outcome.

Understanding of Court Etiquette: Court proceedings have their own protocols and etiquette. An attorney who knows these practices can guide you through courtroom procedures and present your case effectively.

Peace of Mind: Knowing you have a knowledgeable professional advocating for your rights can provide invaluable peace of mind during a challenging time.

Family Law Cases We Handle

The team at Harfenist Kraut & Perlstein LLP has extensive experience with many kinds of family law disputes, and we have the resources to tackle the most challenging cases. Some of the family law cases we handle at our practice include:

Divorce Proceedings: We bring a compassionate yet assertive approach to divorce proceedings. We aim to ensure a fair distribution of marital assets, proper allocation of debts, and a satisfactory resolution of all pertinent issues. We have experience handling both contested and uncontested divorces, which helps us advocate for our clients’ best interests.
Child Custody and Visitation Rights: Our team understands the significance of parental roles in a child’s life. We strive to secure custody and visitation arrangements that prioritize the child’s best interests. At the same time, we work to safeguard our clients’ rights. Our extensive experience in this area allows us to guide our clients through complex negotiations and court procedures.
Child Support: Our New York family law attorneys work tirelessly to establish fair child support orders that ensure children have what they need. We also represent clients in enforcement and modification proceedings, verifying that the child support agreement remains equitable and appropriate over time.
Alimony or Spousal Support: We provide comprehensive counsel to clients seeking alimony or those requested to provide spousal support. Our firm’s experience helps us advocate for fair and equitable spousal support arrangements while keeping in mind the financial well-being of our clients.
Prenuptial and Postnuptial Agreements: Our team assists clients in crafting thoughtful prenuptial and postnuptial agreements that provide financial clarity and security. We help ensure that the contracts align with our clients’ needs and are enforceable under New York law.

Frequently Asked Questions About New York Family Law

We’ve listed some of the most common questions we receive and their answers below.

Is New York a Community Property State for Divorces?

New York is not a community property state. When couples in New York file for divorce, a judge decides what portion each spouse will get of the couple’s shared property unless the couple has a valid prenuptial agreement. The goal in these situations is to divide the shared marital property equitably, which does not necessarily mean a 50/50 split. A judge will look at each spouse’s income at the time of marriage and currently, the duration of the marriage, each spouse’s age, and other factors to reach their decision.

Does the Mother Always Get Custody of Children in a Divorce?

No. New York law says a judge must make custody decisions based on the best interest of the child; there’s no requirement or presumption that a child’s mother will obtain custody in a divorce. Judges must consider many factors when making child custody decisions, including the ability of each parent to provide for the child, any history of domestic abuse, the parents’ work schedules, and (in some instances) the child’s preference.

How Long Does a Divorce Take in New York?

The timeline for finalizing a divorce in New York depends on the specifics of each case. An uncontested divorce, in which both parties agree on all terms, can be concluded within a few months. However, a contested divorce, where the parties disagree on issues like property division, child custody, or support, can take a year or more to resolve due to the need for negotiation or court intervention. This process can take longer if there are complex assets to divide or a dispute over child custody. It’s important to note that the divorce process doesn’t officially begin until one spouse files divorce papers with the court.

Can I Modify a Child Custody or Support Order?

Yes, you can request a modification of a child custody or support order in New York. However, to do so, you must show that there has been a substantial change in circumstances since the judge issued the last order. This could include changes in the child’s needs, either parent’s income, the relocation of one parent, or the child’s home environment. Any modification must be in the child’s best interest.

What Are the Grounds for Divorce in New York?

As of 2010, New York is a “no-fault” divorce state, meaning one party can file for divorce by simply stating that the relationship has irretrievably broken down for at least six months. However, traditional “fault-based” grounds for divorce still exist in New York, including:

Cruel and inhuman treatment
Abandonment for a continuous period of one year or more
Imprisonment for more than three years after the marriage began
Adultery
Living apart under a decree or judgment of separation for a year or longer
Living apart under a written, valid agreement of separation for a year or longer

Remember, it’s crucial to seek legal advice when filing for divorce to fully understand your options and rights.

Our NY Family Law Attorneys Are Here for You

Entrusting your family law case to a capable attorney is crucial. A skilled lawyer, like those at Harfenist Kraut & Perlstein LLP, can guide you through this difficult legal terrain, safeguard your rights, and work toward an outcome that supports your best interests. In this time of uncertainty, give yourself peace of mind by getting the right legal team on your side. Don’t wait – reach out to Harfenist Kraut & Perlstein LLP today. Call us at 516 355-9600 or 914-701-0800 or complete our contact form for a consultation.