Matrimonial Law

Uncontested Divorce: Parties who both agree to a divorce negotiate a peaceful settlement and conclude their marriage without going to Court.

Legal Separation: Parties negotiate a peaceful settlement but remain married although legally maintaining independent lives.

Divorce Mediation: One attorney acts independently to help the parties negotiate an agreement which, ideally, favors neither party over the other.

Contested Divorce: Parties are unable to reach a peaceful agreement on their own. Each party will usually retain independent counsel to represent their interests. The attorneys then conduct negotiations in an attempt to reach a peaceful conclusion. If unsuccessful, the case will be brought to Court where the matter will be litigated before a Supreme Court Justice.

Post-Judgment Enforcement: In many cases one party or the other either consents to take an action or is held responsible to take certain actions but fails to do so after the divorce has been granted. In this case, the matter can be taken back to Court to enforce the terms of the divorce with the legal fees of the innocent party often being paid, by order of the Court, by the breaching party.

Family Law

Custody: A petition is brought before a Family Court Judge to determine which parent should be granted custody in the best interests of the child (or children).

Visitation: A petition is brought before a Family Court Judge to issue an Order in which the non-custodial parent is granted visitation rights with the child(ren). NOTE: unless the non-custodial parent is deemed to be a danger, in any way, to the child(ren), significant visitation will almost always be granted to the non-custodial parent.

Child Support: A petition is brought before a Family Court Hearing Examiner to calculate and determine the non-custodial parentís child support obligation to the custodial parent for support of the child(ren) based upon statutory percentages assigned via the Child Support Standards Act. These petitions can also address medical and educational expenses as well as child care/day care expenses incurred for the child(ren).

Maintenance: A petition is brought before a Family Court Hearing Examiner to determine the entitlements (or lack thereof) of one spouse to receive support from the other based upon the requesting party's need versus the other spouse's ability to pay.

Order of Protection: A petition is brought before a Family Court Judge in an attempt by one spouse to receive an Order prohibiting the other from acting violently toward a spouse, threatening a spouse, physically assaulting a spouse, etc.