Family Law Attorney in Long Island, NY
Skilled & Personalized Divorce Representation
When personal matters require legal counsel, it is vital that you retain an attorney that will carefully address your situation and advise you as to the best course of action. As family law matters are often fraught with emotion and in some cases are hotly contested, it is important that you have a Long Island estate planning attorney that is prepared to litigate the case and has strong courtroom ability. At The Law Office of Michael J. Brescia, P.C., our attorneys take on family law cases with a full determination to seek a resolution that is aligned with the client's wishes.
Family law is a complex branch and there are many sensitive issues that come up in this area of the court system. It is likely that they will be emotionally trying on top of the difficulty that will be faced when attempting to navigate the different aspects of these matters. Whether you are divorcing, separating, looking to gain visitation rights or some other important outcome in your case, having an attorney can be extremely beneficial; in fact, it can sometimes be one of the best choices made throughout the case. Our lawyers can assist with all types of family law matters, including the following:
A divorce can be contested or uncontested. When it is contested it means that you and your spouse are unable to see eye to eye on many of the main components, sometimes this even includes if the divorce should happen at all. In an uncontested divorce, you and your spouse are more on the same page and these amicable terms can often allow for a faster and more affordable resolution; however, both sides can have their advantages and disadvantages. Some of the most important issues that are brought up in a divorce include child custody, visitation and spousal. In these matters the court will assess both parties, looking into factors such as their financial standing, their ability to provide a home, the contribution of each person to the marriage, the length of the relationship and more.
Equitable Distribution: Dividing Assets
New York is an equitable division state, in regards to how assets are divided. This means that unlike a community property state they are somewhat more flexible on the outcomes and typically carry out more assessment. There is not the same 50/50 divide of assets, but the contributions of each party and other related factors will be considered. Some of these include the physical heath of the two spouses, any written agreements made prior to the divorce, the earning potential of both, their financial contributions, tax consequences and more. It is possible for a couple to come up with the terms of their asset division themselves and have the court review the terms. If that is not a possibility however, then the choice will be turned over to a judge.
It is important to build a strong case so that you are not overlooked by the court. The judge only has so much time to try to understand the situation and make a determination so you want to be as efficient and thorough as you can. There is also the opportunity for those that have already been divorced and had the terms of if finalized by the court to pursue a change be made. A post-judgment modification will mean that the case is reviewed by a judge and the new change in circumstances will be considered. If they find that there is sufficient enough reason to do so, they can make a legal change to areas such as financial payments or regarding rights of parents over their children.
Family Lawyer in Long Island – Call (631) 386-8767 Today
We recognize the importance of the outcome in family law legal matters, as the individuals involved will be affected by a court's decision for years into the future, whether a child, a divorcing spouse or in an adoption. We grant the case the attention and focus it deserves and are responsive and interested in serving our clients with high quality and determined legal counsel. When cases are easily resolved, such as an uncontested divorce, we can ensure that all paperwork and documents are correctly drafted and filed. In other less amicable cases, we use negotiation with opposing counsel to attempt to resolve the matter prior to trial. In some cases the matters cannot come to agreement, and it is necessary to take the case to court for judgment. It is important that you are supported by an attorney who can present your case professionally, as the skill at trial can have a significant impact on the outcome of the case.