Grounds

Divorce and Family Law Practices

The grounds for divorce in New York State are as follows:

Irretrievable Breakdown in Relationship
Constructive Abandonment
Actual Abandonment
Adultery
Legal Separation
Cruel and Inhuman Treatment

It need not be shown that either party was at fault in order to obtain a divorce.

Other Divorce and Family Law Practices

Modification

After a child custody order or child support order has been entered, it is subject to modification under certain circumstances. Generally, a change in circumstances must be demonstrated to the court in order to obtain a modification. These changes can include a change in the needs of the child (in a custody situation) or a […]

Enforcement

After a child custody order or child support or Judgement of Divorce order has been entered, you may find yourself in a position where the other party is not complying with its terms. This noncompliance can create stress for you and/or your child, and, if it involves the non-payment of support, it can wreak havoc […]

Child Abuse and Neglect

Charges of child abuse and neglect are often raised within the context of a custody dispute. Sometimes, such proceedings are initiated in Family Court when no divorce action is pending. Frequently these allegations are serious and have merit. On occasion, they are falsified by one spouse in an effort to gain an advantage in a […]

Orders of Protection

An Order of Protection may be essential to protect a victim of abuse, domestic violence, harassment or stalking. An Order of Protection is a court order, issued either by Family Court or a criminal court, which either prohibits one person from contacting or coming within a certain distance of the other person (“stay away” order) […]

Adoption

Our firm can assist you in handling adoption legal matters including: Single individuals, married couples and same-sex partners looking to adopt Stepparents seeking to adopt their spouse’s child Relatives looking to adapt a child after the loss of a parent or parents

Same-Sex Couples and Families

It is now legal for gay and lesbian couples to marry in New York State and many other states as well. In the event of a divorce, gay and lesbian couples face the same legal issues as any other couple. However, they may also face issues that are exclusive to them. Our attorneys can provide […]

Paternity

If you are the parent of a child born out of wedlock, paternity must be established prior to the court being able to address issues of custody, visitation and child support. This process is generally handled in Family Court. Our attorneys can guide you through and assist you with filing the necessary petition, court appearances […]

Marital Agreement

A marital agreement is entered into after two people are married. It addresses how the parties’ finances should be handled. This can include how basic living expenses are paid during the marriage and how assets should be distributed. For more information, please contact our office to schedule a consultation.

Pre/Post Nuptial Agreements

Prenuptial agreements are becoming essential for many couples in New York. With the great variety of family histories couples bring to a marriage, there is often a need to direct assets or personal property to a child from a prior marriage or to protect certain assets from becoming marital property. The lawyers at Rubin & […]

High Net Worth Divorce and Complex Asset Division

High net worth divorce cases can be highly contentious, as significant income, assets and sometimes business(es) and real estate holdings must be considered in distributing marital property and providing for spousal and/or child support. If you have a high income and /or complex equitable distribution case, have created substantial wealth during the marriage, and need […]

Maintenance/Spousal Support

Determining maintenance/spousal support (formerly referred to as alimony) can be a complicated process. Whether you are seeking to collect maintenance or may be required to pay it, you need a skilled matrimonial/family law attorney to protect your interests and financial future. Our experienced attorneys can explain the laws surrounding spousal support, inform a person of […]

Equitable Distribution/Division of Assets and Liabilities

Spouses considering divorce need to understand how property division will affect their various assets. New York is an equitable distribution state. This means that marital property will be divided “equitably”, which is not always the same as “equally”. Property division and equitable distribution can be complex, especially in high net worth cases and those involving […]

Child Support

The parent that has primary physical custody is entitled to child support payments from the non-custodial parent. In New York, child support is based upon a percentage of gross income, after certain adjustments such as Social Security, Medicare, NYC tax and amounts paid pursuant to other support orders. These percentages are as follows: 17 for […]

Visitation/Parenting Time

Visitation/Parenting Time refers to the time that the “non-custodial” parent spends with the child, which may include weekends, midweek time, summer and school vacations. During settlement discussions or divorce proceedings, the terms of child custody and visitation are addressed. It is always best if parents can work together to decide upon a custody and visitation […]

Child Custody – Parenting Time

Child custody tends to be the most sensitive and emotionally charged area of family and matrimonial law. During a divorce proceeding, the physical and legal custody of a child, as well as parenting time, are usually addressed by the court, or resolved by way of settlement. However, Family Court can also determine issues of child […]

Legal Separation

There may be certain reasons why parties want to enter into a legal separation (separate their finances and live apart), but not immediately get divorced. A legal separation addresses all of the same issues that are addressed in a divorce. However, the parties remain legally married. To further explore your different options and to see […]