We understand the stress and concerns you face when family issues arise. We can help you to address questions regarding divorce, separation, custody, visitation, child support, spousal maintenance, and the distribution of marital assets. We provide aggressive representation when necessary and a cost-effective, less adversarial alternative, if the situation calls for it.
We are also experienced in such sensitive Family Court matters as custody and visitation, paternity cases and child support and maintenance payments. We appreciate the anxiety caused by such sensitive matters and we provide you with the advice and peace of mind to get you through such tough times.
We offer and provide the following services:
MATRIMONIAL AND FAMILY LAW ISSUES? WE CAN HELP YOU NOW!
New York is a “fault” State, meaning you must have grounds (someone has to be at fault for causing the break up of the marriage) to obtain a divorce in New York. Unlike some states, “irreconcilable differences” will not qualify you for a divorce in New York.
New York’s Domestic Relations Law (DRL) specifies what constitutes sufficient grounds to obtain a divorce in New York:
§ 170. Action for divorce. An action for divorce may be maintained by a husband or wife to procure a judgment divorcing the parties and dissolving the marriage on any of the following grounds:
(1) The cruel and inhuman treatment of the plaintiff by the defendant such that the conduct of the defendant so endangers the physical or mental well being of the plaintiff as renders it unsafe or improper for the plaintiff to cohabit with the defendant.
(2) The abandonment of the plaintiff by the defendant for a period of one or more years.
(3) The confinement of the defendant in prison for a period of three or more consecutive years after the marriage of plaintiff and defendant.
(4) The commission of an act of adultery (call me to find out what constitutes adultery...you’d be surprised).
(5) The husband and wife have lived apart pursuant to a decree or judgment of separation for a period of one or more years after the granting of such decree or judgment, and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such decree or judgment.
(6) The husband and wife have lived separate and apart pursuant to a written agreement of separation, subscribed by the parties thereto and acknowledged or proved in the form required to entitle a deed to be recorded, for a period of one or more years after the execution of such agreement.
The Parties in a divorce proceeding are referred to as Plaintiff (Person bringing the action) and Defendant (Person against whom the action is brought). In New York, a Plaintiff must file an action with the Court, just like starting any other civil lawsuit. Your attorney will prepare a Summons and Complaint (detailing grounds for divorce) for filing in the office of the County Clerk where the parties reside. Once filed, the Defendant Spouse will be “served” with the necessary papers. Ultimately, the Plaintiff will have to put before the Court sufficient proof to constitute grounds. Once you have proved grounds, the Court will address all remaining issues that follow such as determining custody and visitation of minor children; child support and spousal maintenance; distribution of marital assets including property, pension and retirement benefits, and any investment or business interests; liability for marital debts; responsibility for uninsured medical expenses of minor children; and any other issues that must be resolved.
Divorce in New York is complicated and requires an attorney well versed in this are. We have been handling Matrimonial & Family Law cases for nearly 30 years. Put our experience to work for you. Protect your parental and financial rights NOW! Call us today at 773-5460 to schedule a FREE initial consultation or email us at rossilaw@mac.com.
Let us help you and put your mind at ease!
THE ROSSI LAW FIRM IS A FULL SERVICE FIRM SERVING ALL OF WESTERN NEW YORK. WE ARE COMMITTED TO PROVIDING COMPLETE AND COST EFFECTIVE LEGAL SERVICES TO OUR CLIENTS. WHEN YOU OR SOMEONE YOU KNOW NEEDS LEGAL ADVICE, CALL 716-773-5460.
We can solve the legal problems that you could not otherwise solve on your own. We can do it faster, more simply, less expensively and provide you with peace of mind. When you need a lawyer, make us your first call. For a FREE consultation, call THE ROSSI LAW FIRM at (716) 773-5460 or send an email to rossilaw@mac.com TODAY!