New York Family Law Attorney

Frequently Asked Questions (FAQ)

Do I need a family law attorney?
Making the decision to hire an attorney is personal. However, for family law issues in particular it is important to remember that a great deal is on the line. You may be at risk of losing custody of your children or may be dealing with a situation where you need to seek an Order of Protection in the face of domestic violence or child abuse. With an experienced New York family law attorney to represent your interests and concerns, you have the opportunity to seek a positive resolution to this legal matter.

How is child custody determined?
Custody of a child is determined through an agreement made outside of the courtroom by both parents or as the result of a verdict in family court. This issue most often comes up in the event of a divorce or legal separation, but it may arise after paternity is established or as the result of a child neglect and abuse case. Our firm handles custody issues for parents, grandparents, step-parents and other close relatives of children.

Will my case go to family court?
Family law matters are seen before judges in family court. In some cases, a dispute can be resolved through mediation or another form of alternative dispute resolution (ADR) but there are situations where the court will need to be involved. This will vary depending on your unique case and your willingness to resolve the matter without the court's intervention.

What is equitable distribution?
The state of New York is an equitable distribution state. What this means is that the court will divide what is marital property from what is separate property, equitably. This allows for a fair resolution to who acquires what property and marital debt during a divorce. The court will equitably distribute the marital property based on several different factors, which may include: the income level of each spouse, age of each spouse, how child custody is awarded and value of all assets. It is important to note that "equitably" does not necessary mean "equally".

My spouse and I argue constantly. We cannot agree on anything regarding our divorce. What should we do? When two people cannot come to a mutual agreement during a divorce it is considered a contested divorce. This type of divorce is often extremely difficult and can be emotionally upsetting for both parties involved, including any children. It may take longer than a divorce resolved outside of family court and is often more expensive as a result.

New York Family Law Lawyer

The experienced lawyers at the Law Offices of Brian D. Perskin dedicate themselves to clients in need of legal representation for family law issues in Manhattan, Bronx, Queens and Brooklyn, New York. We are strongly aware of the many complexities that can surround any family law case and we hope to help minimize this by providing outstanding legal skill and guidance. Whether you are facing a contested divorce, child custody dispute or any other family law issue, a New York family law attorney at our firm can review the facts of you case and answer any questions that you may have.  

Questions about divorce and family law in New York? Contact us today!