Our Practice

What Do We Do?

Our office counsels clients in many areas, but most often in the following matters:

• Separation • Divorce • Custody • Child Support • Property Division • Alimony/Maintenance
• Grandparent Visitation • Modify Custody • Interstate Support
• Interstate Custody • Pre-Nuptial Agreements

What Areas Do We Serve?

We are admitted to practice anywhere in NYS, but practice mainly in the Capital Region. We frequently provide family and matrimonial law services in the following counties:

• Albany County
• Schenectady County
• Saratoga County
• Rensselaer County
• Fulton County
• Montgomery County
• Warren County
• Schoharie County

Divorce in New York State - Terms and Definitions

Divorce:

Until 2010, New York was a “fault” state. This meant that someone had to prove that their spouse did something wrong, which was limited to the categories of abandonment (leaving for 1 year); adultery (engaging in a sexual relationship with another person); “cruel and inhuman treatment” (making it unsafe or improper to cohabit).  The only way to obtain a “no fault” divorce in New York was to live separate and apart according to the terms of a signed Separation Agreement, which could then be “converted” into a divorce after a one year period.  However, on August 13, 2010, Governor Patterson signed the “no-fault divorce” bill into law, which amended Section 170 of the Domestic Relations Law.  Section 170(7) of the Domestic Relations Law now permits someone to obtain a divorce from his/her spouse where “the relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one [spouse] has so stated under oath.”D.R.L. Section 170(7).  This means that someone is no longer required to prove that his/her spouse did something wrong in order to obtain a divorce in New York. 

Equitable Distribution:

New York is an equitable distribution State.  This means that you determine all of the assets and liabilities that have accumulated during the time of the marriage, which can include real property; retirement; savings; licenses and degrees.  Once the "marital property" is determined, it is then divided "equitably" between the Husband and the Wife, based upon each person's financial and non-financial contributions.

Custody:

Custody is determined based upon the "best interests" of the children. Many factors are looked at, including the relationship between each parent and the children, care taking, availability, and the ability to foster a relationship with the other parent.

Child Support:

Child support is calculated on the income of the parent the children do not primarily reside with.  It is determined based upon a formula according to the number of children:

There are many variations of this depending on whether or not the combined parental income is over $130,000; the time that the children spend with each parent; and the resources and needs of each parent and the children.

Maintenance/Spousal Support:

In a Divorce, “maintenance” is determined based upon the need of a spouse to become self-supporting.  Many factors are examined including age, health, and length of the marriage.  In 2010, Governor Patterson signed a bill amending Section 236(B)(6) of the Domestic Relations Law, which added eight additional factors a court should consider when determining whether maintenance is appropriate in a divorce proceeding. In Family Court, spousal support is determined based upon the doctrine of necessities, that is, the need of that spouse for necessities such as food, clothing, and shelter.

Also in 2010, Governor Patterson signed a bill into law that added a new provision to the Domestic Relations Law (specifically Section 236(B)(5-a)), which applies to requests for “temporary maintenance” in divorce actions commenced after October 12, 2010.    Temporary maintenance is paid by one spouse to the other spouse pending a final resolution of the divorce.  When one spouse makes a request for temporary maintenance, the court must now apply a numeric formula in determining whether temporary maintenance is appropriate.   If the court determines that temporary maintenance is appropriate, the amount of temporary maintenance to be paid pursuant to the formula is presumed to be correct, unless the spouse obligated to pay that maintenance can prove that the amount of maintenance is “unjust or inappropriate” based upon a series of statutory factors.

Separation Agreement:

A Separation Agreement is a contract between a Husband and Wife where decisions concerning property distribution, custody and support are made.  A Separation Agreement can be reached between a Husband and Wife often with the help of their Attorneys or a Mediator. A Separation Agreement must be signed and acknowledged in a specific manner according to law.

We strive to educate our clients on the most up-to-date law. For more information on divorce in New York State, please contact our office.