Long Island and New York City Divorce and Family Lawyer
Choosing an attorney is never an easy decision, but when you are dealing with a matter as emotional as a divorce, the lawyer you select can affect your family’s life for years to come. That is why it is vital to find an attorney with experience, sensitivity and the knowledge to represent your interests in a court of law. Limmer & Associates has vast expertise in handling matters such as divorce, separation, child support, custody, visitation, paternity, property division, alimony, maintenance, domestic violence, and other related issues.
For those involved, a family law case can often be a difficult and stressful experience. Clients choose Limmer & Associates because we are known for handling each and every case with compassion and respect, and are dedicated to obtaining fair resolutions in as quick a time period as possible.
Contact us today online or by telephone at 888-238-0888 to speak with a knowledgeable Long Island and New York City Family Law Attorney.
Limmer and Associates can help you in the following areas
MATRIMONIAL/DIVORCE LAW
UNCONTESTED DIVORCE
When a husband and wife are able to discuss their situation in a civil manner and are able to reach settlement terms without the need for formal negotiations or court intervention, an uncontested divorce is often the best, quickest and least costly option. In an uncontested divorce, the attorneys serve as the drafter of the legal documents, including divorce papers and a Stipulation of Settlement, required for submission to the court for the granting of a divorce judgment. In an uncontested divorce, the parties rarely need to go to court, as the divorce is based solely upon documents signed by the husband and wife, reflecting the terms of their agreement to part ways. The process is usually civil, without great financial or emotional cost. It should be noted that in no case can one attorney represent both parties to the divorce.
CONTESTED DIVORCE
When a husband and wife cannot settle their marital issues on their own, each party will usually retain separate counsel to represent their respective interests. This procedure is often time consuming and emotional and requires the guidance of experienced matrimonial attorneys to lead a client through the many difficult issues to be addressed, such as custody, support, maintenance (formerly known as ‘alimony’), equitable distribution (property distribution), retirement account distribution, educational issues, medical insurance, life insurance and counsel fees. Our lead matrimonial attorneys each have nearly 20 years of matrimonial experience. It is our standing philosophy that it is always in our clients’ best interests to attempt to settle any matrimonial case outside of court. We do not believe it is an optimal situation to have a Justice of the Supreme Court determine your future, or that of your family, without having any personal knowledge of you, your situation or your family’s lifestyle and needs. However, when settlement is not an option, our years of experience prepare us for any issues which need to be litigated and allow us to advocate for our clients as long and as vigorous as is necessary. We pride ourselves on the favorable judgments issued to our clients after trial in cases with no assets to those with multi-million dollar assets. Similarly, we have handled and had favorable judgments issued after trial in matters of custody, child support, visitation/parenting time and maintenance.
LEGAL SEPARATION
A legal separation can be obtained via a written agreement or by way of a judgment of the Supreme Court. Proceeding via a written agreement provides the parties the opportunity to take control of the terms of settlement rather than having decisions dictated to them through litigation. A legal separation allows the parties the opportunity to utilize the agreement as a type of “trial run” prior to making the termination of the relationship a permanent one via divorce. Because the issues to be addressed, such as custody, support, visitation and property distribution, are so important, it is always preferable to have the agreement drafted by an attorney experienced in the area of matrimonial law and for each spouse to have representation. There are many advantages to proceeding via separation prior to or in lieu of divorce which we would be happy to discuss with you in detail.
OTHER MATRIMONIAL ISSUES/AREAS OF PRACTICE
- Actions for Annulment
- Equitable Distribution of Assets
- Pre-Nuptial Agreements
- Post-Judgment Actions/Motions
- Divorce Mediation
FAMILY LAW CUSTODY
Custody is often the most sensitive of Family Law subjects. Two parents at odds over who would better parent their most prized possession; their child(ren). Emotion often takes over, barring a compromised settlement and leaving the court to determine what is in the best interests of the child(ren). In making this decision the court will consider the child(ren)s’ ages, their health, the parents’ respective health, the parents’ availability to the child(ren), the standard of living of the family, and even the opinions of the child(ren), if the court considers them old enough and mature enough to give their opinion. The court can award, or the parties can agree to, sole physical custody (when the child(ren) primarily reside with one parent, subject to the visitation rights of the other parent), shared physical custody (when the child(ren) reside(s) with each parent approximately half of the time), sole legal custody (when the child(ren) not only reside(s) primarily with one parent but that same parent also is empowered to make the sole decisions on major issues such as medical, religion and education), and joint legal custody (where the parties are expected to work together to make major decisions affecting the child(ren), as if they were still married with neither party having a greater say on any given issue). In any case, child custody is an extremely sensitive, complex, important and, potentially, life changing issue. Our experience in this area gives us the ability to assist you and represent your interests with knowledge and confidence.
PARENTING TIME/VISITATION
“Visitation” is now also known as “parenting time.” The terminology has changed to reflect the fact that time spent with a child(ren) should be quality time between a parent and child(ren) to promote the relationship and bond, rather than be deemed just a “visit” by the non-residential parent. Each parent, unless deemed a danger or risk to the safety/well being of a child(ren), has indisputable rights to regular time with his/her child(ren). Through the Family Court, a parent can petition for a specific parenting time schedule, or to enforce his/her rights to parenting time. It is always preferable for the parents to come to an agreement on a parenting time schedule but if they are unable to do so, the court will ultimately impose a schedule that it believes is in the best interests of the child(ren), taking into consideration parent work schedules, child(ren)’s school and extra curricular activity schedules, and similar factors. If a settlement on the issue cannot be reached out of court, it is best to consult with an experienced attorney to address the parenting time issue, to secure the absolute right to time with your child(ren).
CHILD SUPPORT
Child support is a mandatory payment from the non-residential parent to the primary residential parent on behalf of the children. Child support is intended to be a contribution to expenses such as food, clothing and shelter. The proper amount of child support is determined by applying a mathematical calculation based upon the Child Support Standards Act (“CSSA”). Under the CSSA, the non-custodial parent pays a percentage of the parties’ combined gross adjusted income based upon the number of children, running from 17% to 35%. Dependent upon the amount of the parties’ combined incomes, these percentages will be strictly applied with the child support being payable until each child is emancipated (usually at the age of 21 years). There are additional contributions that also may be directed to be made by the court for things such as education, medical insurance, day care and unreimbursed medical related expenses which would be over and above the child support payments. Due to the often confusing nature of the CSSA and the additional contributions which can be required, it is best to consult with an experienced attorney to address any child support issues.
MAINTENANCE/SPOUSAL SUPPORT
Maintenance/spousal support is one of the most subjective issues in Family Law. Any application for support is based upon a basic consideration: one party’s need versus the other party’s ability to pay. If one party has great need but the other does not possess the financial means, there will likely be little or no award. Similarly, if one party has the ability to pay but the other cannot establish great need, then there likely will not be an award granted. Any award is generally based upon the length of the parties’ marriage, the standard of living enjoyed during the marriage, the presence of the child(ren) in the parties’ respective homes, and other factors. Maintenance, as compared to its predecessor, “alimony”, is no longer mandated as a lifetime payment but rather a payment in an amount and for a period of time that the court determines will be necessary for the dependent spouse to become self-supporting. With so many variables involved in this issue, it is always best to consult with an attorney experienced in the area of Family Law.
ORDERS OF PROTECTION
In cases of alleged abuse or harassment, an order of protection may be sought in the Family Court. A party may file a petition seeking an order of protection and, if the court believes it justified, can obtain a temporary order of protection on the day of filing. However, as in criminal cases, the court does not presume the allegations to be truthful until either admitted by the accused party or after a full hearing on the petition. Until that time, no permanent order of protection can/will be issued. A temporary or permanent order of protection can either be a “no harass/refrain from” or a “stay away”. In the case of a no harass/refrain from, the court is less concerned about violence and directs the accused party not to harass or interfere with the petitioning party. In the case of a stay away, the court has concerns that the accused party serves as a threat to the safety and/or well-being of the petitioning party and directs that the accused party stay away from the petitioning party. Because issues related to employment and even visitation may be affected by orders of protection, it is imperative that these issues be discussed with an attorney experienced to represent clients in these very specified petitions in the Family Court.
PATERNITY
Paternity is a proceeding to establish the biological father of a child(ren). If a party is determined to be the father of the child(ren) at issue, he is obligated to take on certain financial responsibilities to the child(ren) (such as child support), and will similarly be entitled to visitation/parenting time with the child(ren). Paternity can be acknowledged by the parties or can be determined by a DNA test. In that so many additional issues arise from the results of the paternity process, it is always best to consult with an attorney familiar with these proceedings.
