Matrimonial & Family Law
Divorce & Family Law Attorneys in Syracuse NY
Matrimonial (Divorce) and Family Law are two areas of law that are deceptively complex and known for requiring knowledge in a variety of areas, including property law, tax law, criminal law, constitutional law, military law and much more. An inexperienced matrimonial attorney will often misinterpret case law; make promises to a client that he cannot keep; and, ultimately, delay resolution of the proceeding, costing each spouse tens of thousands of dollars in unnecessary legal fees. It takes an attorney experienced in and dedicated to Matrimonial and Family Law to navigate its intricacies. This is why Melvin & Melvin prides itself in its Matrimonial and Family Law Department; a department consisting of several family law attorneys in Syracuse NY who have dedicated large portions of their careers to the furtherance of matrimonial and family law in Central and Upstate New York.
Melvin & Melvin is experienced with every type of divorce, ranging from high conflict to financially complex divorces, and our divorce lawyers in Syracuse NY handle all aspects of family practice.
After filing the complaint, our attorneys will walk you through each of the “four corners” of a divorce:
This typically begins with a motion for pendente lite relief. Pendente lite is latin for “pending the litigation” and this type of motion will provide temporary relief during the divorce proceeding, attempting to best preserve the marital standard of living and your assets.Such relief can include: temporary maintenance (alimony), temporary child support, exclusive use and possession of the marital residence, custody of the children, and orders of protection.
Equitable Distribution divides the marital property between the two spouses. Marital property can include your home, pension, pets, and even a portion of property owned before the marriage. What qualifies as marital property and what qualifies as separate property can be quite intricate; however, Melvin & Melvin’s experience in this area will provide you with realistic expectations as to what you are entitled.
The process of distributing the assets will begin with the Statement of Net Worth. The Statement of Net Worth plays a critical role in matrimonial litigation, making it imperative that it is filled out correctly. Melvin & Melvin divorce lawyers in Syracuse NY will ensure that it is.
There are two types of Custody: “legal custody”and “physical custody.” “Legal custody” refers to the power to make decisions regarding a child’s future, whether it is educational, medical, or religious. “Physical custody” refers to which parent has the child physically live with them. In every case, the parties are entitled to an individualized determination of whether “joint” or “sole” custody would serve the best interests of the child.
While some courts used to apply a presumption that women were best suited for custody of children, we now fight to ensure that custody is awarded to the parent best suited to care for the children. Melvin & Melvin will help you create a parenting plan that best reflects your, and your children’s, individual needs.
Child Support in New York is based upon the Child Support Standards Act (“CSSA”). Child support will be based on a percentage of your income. This percentage will depend on the number of children involved: 1 – 17%, 2 – 25%, 3 – 29%, 4 – 31%, 5 or more – 35% or more.
In addition, there are several child-support “add-ons,” which could include expenses related to health care, day care, extra-curricular activities, and education, such as college. While New York has attempted to make awards of child support more predictable, there are still many issues with child support, such as determining how much income a spouse actually earns. Melvin & Melvin family law attorney will ensure that an award of child support accurately reflects your income and your children’s needs.
Maintenance is the term in New York to refer to what is popularly called, “alimony.” “Temporary Maintenance” is received during the divorce proceeding and “Post-Divorce Maintenance” is received after the divorce is finalized. While New York is attempting to make awards of maintenance more predictable, the amount and length of maintenance will greatly depend on the individual circumstances of you and your spouse. This uncertainty is even more prevalent in high-income cases. Melvin & Melvin will represent you to ensure that your reasonable needs are met.
After the covering the “four corners”of a divorce, our attorneys will draft all of the documents necessary to finalize the divorce, including, the final Judgment.
However, even after the divorce, our divorce attorneys in Syracuse NY will be able to assist you in modifying or enforcing the divorce decree or drafting additional documents, such as domestic relations orders.
At the most difficult time in your life, you need a legal team you can rely on to solve your legal problems. At Melvin & Melvin, PLLC, your problems become our problems. The tough, caring professionals at Melvin & Melvin, PLLC will fight to protect your interests during a family law dispute.
Please contact one of our Melvin & Melvin, PLLC matrimonial and family law attorneys to schedule a consultation.
What is Legal Custody? Physical Custody? Can a Parent be Denied Visitation?