Rockland County Family Law Lawyer

Your Dedicated Family Law Attorney

If you are considering writing a prenuptial agreement, a Rockland County, NY family law lawyer is happy to assist you. We know that talking to your soon-to-be spouse about a prenup can be daunting, however, these contracts can be a useful resource that enhances a marriage dynamic. At Kantrowitz, Goldhamer & Graifman, P.C., we can handle many facets of family law, including divorce, child custody, child support, alimony, and more. We have been a true family law firm for four decades and are here to help you. So if you have questions we are available to discuss your needs at your next convenience. Don’t hesitate to call!

Understanding Prenups

If you are nervous about approaching the topic of a prenup with your spouse, it can help to think about what your intentions are. The intention of prenuptial agreements will vary depending on the couple. Each person may have their concerns that can be addressed through writing a prenup. It’s suggested that you have a prenuptial agreement written if you or your spouse have assets that need protection. For instance, this could entail those with stakes in their family business or family assets. Prenups can be utilized to limit or offer financial support. If your spouse has children from a past marriage, has gone through one or more divorces, or has substantial debts, a prenup can be what provides peace of mind for the future.

Elements of a Prenup

A prenuptial agreement is a legal document that gets signed by both partners before the marriage. Essentially, it is a contract between the two parties who marry, which informs the other of their obligations and rights over assets in case of divorce or death. While some may be offended at the mention of having a prenup, it is important to consider for anyone who wants to get married, since each person will bring their strengths and potential financial weaknesses to the marriage. It can help ward against disagreements that lead to divorce by having a conversation about finances now and using a prenup to prepare. Elements of a strong prenuptial agreement are those that are well thought out, both parties and their wishes are represented, there is a complete and accurate description of debts and assets at the moment the agreement is signed, and reflects reality.

New York Divorce Laws

Our family law lawyer knows that divorce is a significant legal process that can profoundly impact your life. Understanding the laws related to divorce in New York is crucial when navigating this complex journey. 

Grounds For Divorce In New York

New York offers several divorce grounds, including fault and no-fault options. No-fault divorce is based on the grounds of an “irretrievable breakdown” of the marriage, and it is the most commonly used ground. To pursue a no-fault divorce, you and your spouse must have lived separately for at least one year and demonstrate that the marriage has irretrievably broken down.

Fault-based grounds for divorce in New York include adultery, abandonment, imprisonment, cruel and inhumane treatment, and more. Understanding the specific grounds applicable to your situation is essential, as they can affect the legal process and outcomes.

Property Division

In New York, marital property is subject to equitable distribution upon divorce. This means marital assets and debts are divided fairly, though not equally, between spouses. Factors considered in property division include the length of the marriage, each spouse’s financial contributions, and their respective needs.

Separate property, such as assets acquired before the marriage or through inheritance or gift, is generally excluded from the equitable distribution process.

Spousal Support

Spousal support, also known as alimony, may be awarded in New York divorces based on various factors, including the length of the marriage, the standard of living during the marriage, and each spouse’s financial circumstances. Spousal support can be temporary or long-term, depending on the case’s specific circumstances.

Child Custody And Support

Child custody and support are significant issues in New York divorces involving children. Child custody decisions are made based on the child’s best interests, taking into account factors such as the child’s relationship with each parent, their physical and emotional well-being, and their ability to provide a stable and nurturing environment.

Child support in New York is determined using a specific formula that considers both parents’ income, the number of children, and various other factors. The non-custodial parent typically pays child support to the custodial parent to ensure the child’s financial well-being.

Residency Requirements

To file for divorce in New York, at least one spouse must meet the state’s residency requirements. Either you or your spouse must have lived in New York for at least one continuous year before starting the divorce process. However, there is no minimum residency requirement if both spouses are New York residents.

Mediation And Alternative Dispute Resolution

New York encourages couples to explore mediation and alternative dispute resolution methods to resolve divorce-related issues amicably. Mediation involves working with a neutral mediator to agree on matters such as child custody, property division, and support. These methods can often lead to more peaceful and less adversarial divorce settlements.

Strategies for Settling Child Custody Disputes

In addition to topics impacting marriage, a reputable Rockland County family lawyer can also handle child custody disputes. As a lawyer, it is essential to approach these cases with empathy, professionalism, and a focus on the best interests of the child involved. While litigation is sometimes necessary, settlement options should be explored first. In this listicle, we’ll discuss four effective strategies lawyers can employ to settle child custody cases amicably, ensuring a positive outcome for all parties involved.

• Mediation

Mediation is a widely used method in child custody cases, enabling parents to negotiate and reach a mutually agreeable custody arrangement with the assistance of a neutral third party. As a lawyer, encourage your clients to consider mediation as a first step before resorting to litigation. The purpose of mediation is to allow parents to keep control over the case result while fostering collaboration and effective communication. By actively participating in the process, parents can develop a customized parenting plan that addresses their child’s unique needs, schedules, and preferences.

• Collaborative Law

Collaborative law is another alternative dispute resolution method that focuses on cooperation rather than confrontation. With the help of a Rockland County family lawyer, both parties can work together and create a suitable custody agreement outside of court. As the lawyer representing your client, you can engage in joint meetings, negotiate terms, and advocate for your client’s interests while promoting a problem-solving mindset. By fostering a cooperative environment, collaborative law allows parents to maintain a respectful relationship while crafting a child-centered custody plan.

• Parenting Coordinators

In cases involving high levels of conflict or communication breakdown between parents, appointing a parenting coordinator can be an effective way to settle child custody disputes. A parenting coordinator is a neutral professional who assists parents in making decisions regarding their child’s upbringing. Lawyers may recommend separated couples work with a parenting coordinator to minimize conflicts and improve communication. These coordinators act as a bridge, facilitating compromise and providing recommendations on custody-related matters. By alleviating tension and providing a neutral perspective, parenting coordinators can help parents settle their differences more efficiently.

• Consent Orders

Consent orders can provide a legally binding agreement between parents to involve visitation orders and custody arrangements. This strategy is particularly useful when parents have already reached a consensus on their own or through alternative dispute-resolution methods. As a lawyer, you can assist your clients in drafting consent orders that outline the agreed-upon custody arrangements, visitation schedules, decision-making authority, and other pertinent details. By formalizing the agreement, parents can have peace of mind knowing that the terms are legally binding and can be enforced in the future, reducing the potential for future disputes.

Rockland County Family Law Infographic

Rockland Family Law Statistics

According to the U.S. Census Bureau, the United States has about 12.9 million custodial parents. Over one-quarter of all children younger than 21 years of age have one of their parents living outside of their household. That’s almost 22 million children. The majority of custody cases – about 90 percent – are settled without a judge’s ruling. If you are involved in a custody dispute, make sure you have a skilled family lawyer advocating for you. Call our office to learn more.

Rockland County Family Law FAQs

Our lawyer is often asked about the subject of prenuptial agreements as they have become an increasingly discussed topic among soon-to-be-married couples. This legal instrument, often referred to as a “prenup,” helps establish each spouse’s property and financial rights in the event of a divorce. It brings transparency and clarity, reducing potential conflicts in the future. Our team from Kantrowitz, Goldhamer & Graifman, P.C. is often asked questions from clients considering developing a prenuptial agreement. The following addresses five of the most common:

What is a prenuptial agreement and why is it important?

A prenuptial agreement is a legal contract between two individuals before they marry, outlining the distribution of assets and liabilities in case of divorce or death. The primary significance of a prenuptial agreement is its ability to safeguard individual assets and inheritance rights, provide debt protection, and establish terms for spousal support. It offers a clear and legally binding framework that eases the process of asset division if a marriage ends.

Who needs a prenuptial agreement?

Anyone with personal or business assets, liabilities, properties, or children from previous relationships should consider a prenuptial agreement. While often associated with the wealthy, prenups can also protect those with lesser assets. It’s a practical tool to address potential issues preemptively and is particularly important for those entering a marriage with significant debt, substantial assets, or children from a previous relationship.

What can and cannot be included in a prenuptial agreement?

A prenuptial agreement can include provisions for division of property and spousal support in the event of divorce or breakup of marriage. A prenup can specify estate plans and determine how you’ll handle debts. However, it cannot include child custody, child support arrangements, non-financial matters, or anything promoting divorce. The court can also invalidate provisions deemed “unconscionable” or grossly unfair.

How to discuss a prenuptial agreement with your partner?

Talking about a prenuptial agreement requires diplomacy, honesty, and mutual respect. Start by discussing your financial status, expectations, and the need for an agreement. It’s essential to assure your partner that a prenup is not a sign of distrust or a divorce prediction but a practical tool for future financial clarity. Seek the assistance of a neutral third party, like a financial advisor or therapist, if needed.

When should a prenuptial agreement be prepared?

A prenuptial agreement should be prepared well in advance of the wedding. It’s advisable to start the conversation about a prenup at least six months before the date to allow adequate negotiation time and ensure neither party feels rushed or coerced into signing. The court could invalidate an agreement made too close to the wedding date, arguing that it was signed under pressure.

Kantrowitz, Goldhamer & Graifman, P.C., Rockland County Family Law Lawyer

16 Squadron Blvd # 106, New City, NY 10956

Contact Our Rockland County Family Law Lawyer Today

Child custody cases require lawyers to navigate sensitive matters with compassion, professionalism, and a focus on the child’s best interests. While litigation is sometimes unavoidable, settlement options should always be explored first. By employing strategies such as mediation, collaborative law, parenting coordinators, and consent orders, lawyers can help parents reach amicable agreements that prioritize the well-being of the child involved. Ultimately, settling child custody cases through negotiation and collaboration can save time, money, and emotional turmoil for all parties, fostering a more positive environment for the child’s upbringing. If you need legal guidance regarding a child custody issue, contact a Rockland County family lawyer from Kantrowitz, Goldhamer & Graifman, P.C. to discuss your situation. We have been helping clients since 1975. Speak with our family law lawyer in Rockland County today.