DIVORCE/ FAMILY LAW
When saving a marriage is just not in the cards, the experienced attorneys at Lester Korinman Kamran & Masini, P.C. are ready to assist you with Divorce – Family Law challenges. Divorce – Family Law challenges include custody, visitation, spousal and child support, property division, and allocation of debt.
As no two marriages are alike, no two divorces are quite the same. Each relationship and set of financial and family circumstances are unique. We respect that. We begin by listening to and reviewing your situation and discussing the various personal, financial, and legal options involved on Long Island, NY.
CONTESTED & UNCONTESTED DIVORCES
An uncontested divorce is possible if both parties work through their issues in a non- adversarial fashion and can reach an agreement. The main issues to be considered are child custody and visitation child and/ or spousal support, division of property and allocation of debt. When these decisions are hashed out together, without protracted arguments or court appearances, this can simplify and speed up the process considerably while at the same time reducing costs. When mutual agreement is not possible and a contested divorce ensues, matters become more complicated.
Whether not seeing eye to eye on a short list of items or on a complex and contentious list, the attorneys at Lester Korinman Kamran & Masini, P.C. offer knowledgeable guidance, including mediation, strategic legal advice and, when necessary, aggressive litigation services to protect your interests, assets and resolve other critical related issues.
PRE-&-POST-NUPTIAL AGREEMENTS
The complexity of our lives and our financial assets today has caused more and more individuals to consider signing pre-nuptial (before marriage) or post nuptial (after marriage) agreements which spells out the specifics of how assets will be handled during the marriage and in the event of a divorce or death of a partner. These agreements may not be very romantic, but they can be very practical for those who have accumulated significant wealth, property, or other assets prior to marriage, averting long and expensive court battles. These agreements also spell out financial distributions in case of a spouse’s death, which may be of particular concern for couples with children from previous marriages.
PROPERTY DIVISION
During the divorce process, both parties are required to provide a statement of net worth delineating to the Court their income and any debts they owe so when the divorce is granted, the property will be divided equitably (not necessarily equally) under New York State law.
Two types of property are considered for purposes of divorce- marital property and separate property. Marital property divided by the Court between two spouses. Marital property is any property accumulated during the marriage through the start of the divorce action, including but not limited to real property, vehicles, bank accounts, IRAs or other retirement assets that owned before the marriage or any inheritance or persona injury payments or direct gifts from someone other than the spouse during the marriage.
The skilled attorneys at Lester Korinman Kamran & Masini, P.C. stand ready to guide you through the division of property, which can be complex and time-consuming process, as the Court takes many factors into consideration in making an equitable distribution award.
SPOUSAL SUPPORT
Spousal support maintenance, sometimes referred to alimony are payments that one spouse is required to make to the other spouse, after the divorce on an ongoing basis, as awarded by the Court based on financial considerations. Another form of this is temporary maintenance, which is money one spouse may be required to pay the other spouse while the action is pending in contested actions only.
CHILD CUSTODY AND VISITATION ISSUES
When it comes to Divorce – Family Law, child custody, and visitation issues are among the most challenging areas of divorce. Often expectations on both sides can run the gamut, and emotions may run high. The experienced attorneys at Lester Korinman Kamran & Masini, P.C. understand this. We seek to work out an agreement in the best interest of the child, which is essential for it to be accepted by the Court. Important factors to be considered are the child’s age, health, and emotional and physical ties to home, school, and neighborhood. Other issues include whether there is a history that may negatively impact the child, such as substance abuse, violence, or abuse of any kind. We do our utmost to construct a fair and workable arrangement long-term for all involved.
We explore with our clients the various options related to joint for full custody and the visitation parameters – how much time a child will spend with each parent and when, i.e., weeknights, weekends, specific holidays, vacations, etc, and whether scheduled or supervised.
CHILD SUPPORT
We also advise you on how custody may affect any child support obligations. We also review issues related to child support. These issues are ultimately calculated by the Court as well as obligations for expenses such as those related to childcare, religion, education, or medical needs as part of the child’s overall welfare.
OTHER CIRCUMSTANCES
The attorneys at Lester Korinman Kamran & Masini, P.C. also provide legal advice and assistance in situations involving domestic violence, child neglect or abuse, spousal or children’s orders of protection, defense of those wrongly accused of abuse, paternity of father’s rights claims, legal adoption, and other issues under the category of divorce – family law.
We routinely represent clients in situations where an existing custody or visitation order needs to be modified, such as if a parent decides to move out of state or if a parent is found to place a child in an improper or unsafe environment.
Even after a divorce, the party will sometimes violate the terms of the judgment of divorce, such as failing to pay support, failing to sell the marital home when required, and not following the custody and visitation provisions.
Sometimes after the divorce is final, one party will violate the terms of the judgment of divorce. Violations such as failing to pay support, failing to sell the marital home when required, or not following the custody and visitation provisions. In that case, the attorneys at Lester Korinman Kamran & Masini, P.C. can seek the intervention of the Court to enforce compliance.
Clients often retain Lester Korinman Kamran & Masini, P.C. to take over representation when the client’s divorce case has stalled or is seemingly at an impasse. Often there is a valid reason why the case seems to be languishing; however, a change of strategy is necessary or desirable at times. If you would like to have an experienced family law attorney take a fresh look at the divorce or custody matter and give you an honest opinion, feel free to contact our Long Island, NY office.
Contact us to schedule your free consultation.
