Choose a family attorney who gives personal attention to each matter
Post Judgement Modifications
Strong representation for any case:
When you’re in need of divorce mediation or family legal services, you can trust 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 or mediator to guide you through them. Our firm has extensive experience in matrimonial law and mediation and will consider 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 six months 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, mediation is often the fastest and least expensive way to get divorced.
A. New York has had “No Fault” divorce since 2010. The Plaintiff must swear under oath that the marriage has broken down for at least six months. The divorce however will not be granted until all monetary and custody issues have been settled. 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, although most people do not want to have to wait that long.
A. That depends. While I try to work with clients on cost depending on their income, it will make a difference whether the parties are 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 modification can be mediated, however the court must “so-order” the modification in order to change the obligation.
A. You can seek a modification of child support in the family court without using an attorney.
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.
Read more detailed descriptions on our blog:
Read more detailed descriptions on our blog:
As if couples don’t have enough to think about when dividing assets and deciding on custody, the concept of making decisions about reproductive technology is becoming more common. Many people are waiting longer to get [...]
Sometimes clients need help resolving personal issues that are not within my expertise. They may need to be able to come to terms with the loss of their marriage and the part they played in [...]
Now that the new tax law is official, this is what it means for divorcing couples: First of all, alimony or maintenance as we call it in New York, will not be deductible by the [...]
There is a lot of buzz lately about possible changes to the tax treatment of Spousal Maintenance. The silver lining in the spousal maintenance cloud is that the payor can take the amount off their [...]
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 [...]
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. [...]
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 [...]
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 [...]
What is the Difference between Legal Advice and Legal Information? How does that Affect the Role of the Mediator?
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
There has been a lot of coverage in the news lately of people rushing to divorce before the end of the year for tax advantages. These stories are somewhat misleading. While you should of course [...]
Before Jewish couples get married, a Rabbi may want them to sign a prenup from a Bet Din. Many presented with this often have questions about this type of prenup – is it valid, should [...]
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 [...]
When clients are served with divorce papers, they are often confused about why there is a restraining order included. They may have done nothing to necessitate a restraining order, and can become concerned with how [...]
In a divorce, one of the most contentious issues can be custody of the children. It is important that both parties fully comprehend the types of custody that exist and what each of them entails [...]
Many clients who are in a position to receive maintenance (formerly known as alimony) are not sure whether they should take the promise of monthly maintenance payments from their spouse or take a lump sum. [...]
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 [...]
Frequently when relationships start to falter, people begin to inquire as to what their rights are in court. Understanding the differences between what can be accomplished in Family Court and Supreme Court in New York [...]
Clients often need to plan for divorce with retirement in mind. In the past, I have explained the importance that custody and child support agreements may play in a divorce. Clients without young families, however, [...]
The choice between using a mediator or an attorney isn’t always easy - a consultation with each can give the client some basic information of what to expect. The use of mediators has increased in [...]
New York will most likely have new legislation regarding maintenance fees in the coming weeks. Governor Andrew Cuomo is expected to sign this piece of legislation that was recently passed by both houses. Last week, [...]
Divorces often bring about financial disagreements, especially when one spouse earns more than the other. The lower earning spouse can fight for maintenance, attorney’s fees and child support. Last week, I gave an overview of [...]
Clients with children often ask me about the different custody arrangements that come with divorce as their children are frequently their main concern. Knowing the different scenarios that come with each arrangement is important for [...]
New York instituted automatic restraining orders a few years ago in reaction to a common practice of many litigants who got served with divorce papers. Their reaction was to immediately empty the bank accounts! Rather [...]