New York City Matrimonial Lawyer
Professional advice and assistance in New York divorce
Matrimonial law covers divorce and all the related family law issues that affect the divorcing couple and the children. The process for getting divorced is somewhat simpler now that New York has adopted the concept of no-fault divorce, but there are still a myriad of issues that must be dealt with carefully and appropriately to protect the rights and interests of the divorcing spouse. New York City attorney Michael Delakas provides knowledgeable advice and professional legal assistance to clients in every aspect of matrimonial law, making sure that they are well-represented in the divorce process and seeing to it that their best interests are looked after now and into the future.
Child custody includes more than just determining how the parents will share in the physical custody of the child; the court also determines the legal custody of the child, which means the authority to make decisions regarding the child’s upbringing in matters such as education, religion and medical care. Regarding both physical and legal custody, the court can award custody to both parents jointly or award sole custody to one parent alone, with or without a visitation plan for the non-custodial parent. If the parties don’t agree on the child custody arrangement, it will be decided by the judge, so in any contested child custody dispute, it essential to be well-represented by a strong and effective advocate in the courtroom who can present a persuasive argument for custody.
Where one parent is given primary custody over the child, as is often the case, the non-custodial parent will likely be ordered to pay child support to the primary custodial parent. The amount of child support can range anywhere from 17% to 35% or even more of the combined parental income. Michael Delakas can help when parental income involves complex matters such as business income, stock options or self-employment income, to make sure the client is fairly represented and not taken advantage of in the determination of child support.
Alimony or spousal support may or may not be awarded in a New York divorce. An ex-spouse can be ordered to pay maintenance in one lump sum or monthly for a fixed period of time or even indefinitely until the death or remarriage of the other ex-spouse. The judge looks at 20 different factors to determine whether maintenance is appropriate and how much to award. When seeking to establish or challenge an award of maintenance, strong legal representation is critical.
Division of Marital Property
New York law requires an equitable distribution of marital property. The judge looks at more than a dozen different factors to decide what is equitable, or fair, so it is critical to retain a matrimonial lawyer who is well-versed in these factors as well. In addition, your attorney should be skilled in locating marital assets, distinguishing between marital and separate property, and making sure marital assets are properly valued, even in complex areas such as business valuations or profit-sharing plans and pensions. Martial property includes assets as well as debts, so make sure that you are well-represented in the property settlement. As a former New York City police detective, Michael Delakas has the background and skills necessary when it is suspected that the other spouse is hiding assets or misrepresenting assets and debts.
Comprehensive New York Matrimonial Lawyer
From prenuptial agreements to separation agreements to divorce and all related issues, New York City matrimonial law attorney Michael Delakas can help you with sound legal advice and professional representation. In New York City, call Michael A. Delakas, Esq. at 212-321-0232 or contact us online for a free consultation.