Divorce & Family Law

/Divorce & Family Law

Choose a family attorney who gives personal attention to each matter

  • Divorce

  • Child Support

  • Child Custody

  • Post Judgement Modifications

  • Equitable Distribution

  • Prenuptial Agreements

  • No-fault Divorce

Strong representation for any case:

When you’re in need of divorce or family legal services, you can trust the attorneys at Kaminetzky Law & Mediation, P.C. to keep you informed during the entire process. We recognize that divorce and other family issues are difficult and that you need an experienced lawyer to guide you through them. Our firm primarily practices matrimonial law and will fight for all your needs whether sufficient child support or a comfortable retirement is on your mind. We will work hard to thoroughly address all issues at hand, resolve personal issues and secure a safe financial future. For more information regarding how we can help you, check out our frequently asked questions and blog posts below, or contact us for a consultation to discuss your unique case in more detail.

Get answers to your divorce questions:

A. That depends on the reasons for the divorce and whether each side wants to work toward resolving their issues quickly. An uncontested divorce can take anywhere from one to two years, depending on several factors such as which county the divorce takes place in, how quickly the parties can agree on the issues or whether one of the parties is not represented by an attorney, known as appearing pro-se. If the divorce is contested, it can take much longer than one year. If both parties want a divorce and are agreeable, there are ways to get divorced without proving grounds, see the next question.

A. New York now has “No Fault” divorce. Governor Paterson signed the bill in mid-August of 2010. The law went into effect in mid-October. The Plaintiff must swear under oath that the marriage has broken down for at least six months. The divorce however will not be granted unil all monetary and custody issues have been settled. There are other aspects of the law that will change also. There are provisions for temporary maintenance and attorneys fees. All other grounds for divorce are still available and it is still possible to get divorced based on a separation agreement and living apart for a year.

A. That depends. While I try to work with clients on cost depending on their income, it will make a difference whether the opposing side is reasonable or not and how many issues can be agreed upon quickly. The longer the divorce takes, the more it will likely cost.

A. While it may seem like a good idea for moral support it is generally advisable to be alone with the attorney for confidentiality purposes. When potential clients come to my office I ask relatives or friends to wait in the conference room during the consultation.

A. The standard in deciding whether to modify child support is whether there has been a substantial change of circumstances in the life of the parent obligated to pay child support. If you lost your job through no fault of your own, chances are that you will have less of an obligation, but only after obtaining a new order of support from the court. You must continue paying the original amount until you have successfully obtained a modification from the court.

A. You can seek a modification of child support in the family court. Of note, the basic cap for combined parental income for child support has been changed as of January 31, 2010. The amount used to be based on a combined parental income of $80,000 and now has been changed to $136,000, so that more income will be counted toward child support.

A. The parties can agree to joint custody with the residential custody with the mother, that way you can help make those decisions.

A. As of September 1, 2009, New York has automatic restraining orders preventing the Plaintiff from doing this as of the date of filing and the Defendant as of the date of service.

Related Videos:

Uncontested Divorce

Prenup
Divorce Mediation

Child Support

Read more detailed descriptions on our blog:

What’s the Difference between You Guys and an Online Service?

By | October 19th, 2017|Categories: Divorce Law|Tags: , , , , |

Recently, we had a former divorce client call us with happy news! She is getting married! Both parties have children from their former relationships, professional practices and assets that they would like to go to [...]

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Exchanging a Statement of Net Worth in a Divorce

By | October 5th, 2017|Categories: Divorce Law, Mediation|Tags: , , , , , , |

In the divorce process, whether mediated or litigated, one of the most important documents is the statement of net worth. It is a document that outlines the financial health of each party. There are several sections. [...]

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How I Practice: An Interview with the New York State Bar Association

By | August 17th, 2017|Categories: Divorce Law, Estate Planning, Mediation, Small Business|Tags: , , , , , , , , , |

I am very honored to have had the opportunity to sit down with the New York State Bar Association and share how I practice law and organize my business. NYSBA has wonderful resources on their [...]

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What is a QDRO?

By | August 11th, 2017|Categories: Divorce Law|Tags: , , , , , , , , , , |

A QDRO is a qualified domestic relations order. This is an order regarding retirement accounts. In a divorce, retirement accounts are frequently the subject of equitable distribution. Each party would be entitled to their marital [...]

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What is the Difference between Legal Advice and Legal Information? How does that Affect the Role of the Mediator?

By | July 14th, 2017|Categories: Divorce Law, Mediation|Tags: , , , , , , , , , |

People often ask: how do you reconcile the role of the mediator and the role of the attorney when you are doing mediation? When doing a mediation, the mediators’ role is to help the people [...]

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What is a Motion for Attorney’s Fees?

By | June 29th, 2017|Categories: Divorce Law|Tags: , , , , , , |

There are several different types of instances within a divorce where one might want to ask the court for attorney’s fees. In a matrimonial action, we might make a motion “pendente lite,” which means “pending [...]

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What is a Waiver of Estate Rights?

By | June 15th, 2017|Categories: Divorce Law, Estate Planning|Tags: , , , , , , , , , |

In New York, your spouse has something called a right of election. What this means is that no matter what you want to leave them in your will, they have a right to $50,000 plus [...]

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Nesting: The Logistics of the “Family” Home

By | June 1st, 2017|Categories: Divorce Law, Mediation|Tags: , , , , , , , , |

Nesting has become a popular concept for families of divorce lately, with articles in the New York Times and other well known publications. Nesting, if you are not familiar with the term, is when divorcing [...]

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What to Expect at Our Divorce Consultation

By | May 18th, 2017|Categories: Divorce Law|Tags: , , , , , , , , , |

Many potential clients come to us when they are in the planning stage of a divorce. No one has served any papers, sometimes they are not even sure they want to file for divorce, they [...]

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Court is Like a Box of Chocolates

By | May 4th, 2017|Categories: Divorce Law|Tags: , , , , , , , |

What is an “attorney for the child” and what does it mean for my case? Often when parents who are divorcing are already in court and do not agree on custody, the court will assign [...]

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What Do You Mean I’m Not Really Married? Or Not Really Divorced?

By | April 27th, 2017|Categories: Divorce Law|Tags: , , , , , , , |

When people call our office asking about divorce or family court issues, we tell them the various documents we need to look at in order to best advise them. One of the documents we want [...]

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Continuing Education for Mediation

By | April 20th, 2017|Categories: Divorce Law, Mediation|Tags: , , , , , , , , |

Mediation is gaining in popularity, so much so that there are a proliferation of people advertising that they do mediation. Some of them are attorneys, some of them are not. Many of them have had [...]

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Have the Talk Before You Take the Walk

By | March 30th, 2017|Categories: Divorce Law, Estate Planning, Small Business|Tags: , , , , , , , |

Most couples get together based on attraction, discuss one or two main expectations or goals, fall in love and decide to get married. They then focus on wedding plans, thinking that if they can negotiate [...]

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Using a Life Coach in the Divorce Process and Beyond

By | March 16th, 2017|Categories: Divorce Law, Mediation|Tags: , , , , , , , |

Clients frequently need support during the divorce process. They are not satisfied with the way things are and want a change, but that change itself is scary. Sometimes I suggest that they obtain the help [...]

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Divorce Agreements: Choose Your Wording Carefully!

By | March 9th, 2017|Categories: Divorce Law, Mediation|Tags: , , , , , |

Many clients ask why divorce agreements are so long and whether the exact wording really matters that much. The length is due to the fact that there are so many different issues that need to be [...]

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Why The Mediation Process Makes Sense

By | March 2nd, 2017|Categories: Divorce Law, Mediation|Tags: , , , , , , , , |

For those who would like to resolve their dispute (whether it be a divorce or other family matters) by agreeing to terms rather than having a judge decide what is best, mediation can be a [...]

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Why Annulment is Not Easier than Getting Divorced in New York

By | September 30th, 2016|Categories: Divorce Law, Estate Planning|Tags: , , , , , , , , |

When New York required fault grounds prior to 2010, people who were married only a short time and had no children might have considered annulment rather than divorce proceedings. Now that New York has divorce [...]

Alternative Dispute Resolution – Mediation and Arbitration

By | December 11th, 2015|Categories: Construction, Divorce Law, Estate Planning, Mediation|

Mediation is in the news a lot lately, especially for divorce, as a more peaceful way to end a relationship. Mediation, however, is not just about ending relationships but part of a growing area of [...]