Court of the State of New York has the power to decide issues of divorce, property division, maintenance,
support and custody. After the court hears evidence of the specific facts
of the case, it will decide these issues based upon statutes (New York Domestic
Relations Law) and precedent cases.
Each person hires a lawyer to handle the divorce. Whether a person is negotiating a settlement or presenting a case to the court, he or she needs a knowledgeable and experienced family lawyer to get the benefit of all the law has to offer. The divorce lawyer represents one spouse in the traditional attorney-client relationship that may involve litigation or result in a negotiated settlement. Litigation in court is costly from the financial and emotional perspective. However, certain family matters can only be resolved through litigation.
In order to litigate or negotiate a successful resolution as an attorney specializing in matrimonial litigation, I have extensive knowledge in business valuation and dissolution, pension and retirement benefits, income and tax consequences, valuation of advanced degrees and licenses, child support and custody arrangements. I have litigated cases in all New York City area courts, all Counties in New York City, as well as in Nassau, Suffolk and Westchester Counties.
I am also experienced in complex domestic relations cases including many appellate cases. However, I will recommend litigation as an option only after I have exhausted all efforts to resolve the case peacefully and with fairness and dignity.
The laws of equitable distribution of marital property are complex, dynamic and constantly changing. Before agreeing to a property settlement or before asking the court to divide property, it is very important to conduct financial disclosure to determine how and when the specific property and all other assets were acquired.
property is not subject to equitable distribution by the court. An experience
and skillful divorce lawyer will help to guide a client through the
maze of the laws and disclosure devices which may affect the client's
financial rights, obligations and the division of property.
pursuing alternatives to litigation, such as mediation, negotiation or
collaborative law, will make the difference between getting a divorce
and surviving a divorce. When a child's best interests is at stake, seeking
peaceful co-parenting solutions to custody and visitation disputes will
positively affect a child for the rest of his or her life.
ATTORNEYS' FEES IN NY MATRIMONIAL CASES
New York Domestic Relations Law permits the Court to award counsel fees to enable a spouse to carry on with an action or defend against an action regarding the circumstances of the case. The determination is addressed to the discretion of the Court and indigence or poverty is not a prerequisite to an award of fees.
On an application for attorney fees, the New York Court must consider the difficulty of the legal issues involved; the skill required to handle the problem; the time and labor required; the lawyers' ability and reputation; the customary fee charged by the Bar for similar services; and the amount involved. The Court should also consider the relative assets of the spouses. Attorney fees may be awarded for services rendered prior to the commencement of the action.
In the determination of counsel fees the New York Court must consider the following factors: (1) the nature and extent of the services rendered; (2) the actual time spent; (3) the necessity for the services; (4) the nature of the issues involved; (5) the professional standing of counsel, including background and experience; (6) the results achieved; (7) the financial circumstances of the spouses; and (8) a spouses' obstructionist tactics.
It is also appropriate for the Court to consider each spouse's settlement demands and negotiation position in determining the appropriateness of a counsel fee application.
Divorce, Family Law and the Legal Process
Divorce Strategy Central
Ten Things You Need To Do If Divorce Is Imminent
What To Expect From a Divorce
New York State Grounds for Divorce
Divorce - An Overview
About New York State Divorce Law
To Settle or Not to Settle
New York Matrimonial Actions Statutes of Limitations
Center for Divorce Education
Divorce Law Information Center
Ingrid Gherman, P.C.
225 Broadway, Suite 1405
New York, New York 10007