New York City Divorce & Family Law Attorneys
100 Years of Combined Legal Experience
If you are going through a divorce in New York, retain an experienced divorce
lawyer from our firm to answer all of your questions and guide you through
this complex process so that you do not have to go it alone. You need
representation from a legal advocate who is up to date with all of New
York State’s ever changing laws related to divorce. Additionally,
you need someone who can protect your rights in court should you need
to go to trial.
At Musa-Obregon & Associates, we understand that legal matters involving
your family can not only be emotionally draining, but also immensely stressful.
Let our team of New York City divorce attorneys take over and negotiate
on your behalf. By working together, we can create an amicable solution
for all issues related to your divorce, including child custody, alimony,
property division, and other matters.
Get started today during a
free consultation with our NYC divorce lawyers.
It is important to realize that contrary to popular belief, you will most
likely not have to go through an expensive and drawn-out divorce trial.
In most cases, however, you will need to move forward and make decisions
as if you were headed for trial, while your divorce attorney negotiates
for a favorable settlement and works to keep you out of trial. For couples
who can agree on all matters of child custody, spousal support, asset
division, visitation rights, and other related issues, they can pursue
an uncontested divorce.
In New York, there are two general types of custody. Legal custody determines
which parent will be making important decisions for their child concerning
healthcare, education, and religious upbringing, among other things. Physical
custody determines which parent the child will live with. In some cases,
joint custody is an option, but the court will ultimately decide if that
is in the best interest of the child or children involved.
Under Domestic Relations Law, couples are allowed to enter into a separation
agreement, so long as it is in writing, agreed upon by both parties, and
is legally recorded with the appropriate office. These agreements essentially
allow the parties involved to distribute their assets and property how
they wish, provided that the terms set out were reasonable when the agreement
was established. The couple is able to enter into this agreement according
to their own circumstances and without the direct intervention of the court.
For many, prenuptial agreements may seem like by creating one that you
are denoting that the marriage you are entering into will end in divorce.
This is simply not true, as this type of agreement is created to protect
your assets in the event that something should happen. Especially for
those who know they may be coming into a large inheritance or have dealings
with a family business, it may be wise to have an attorney write up a
prenuptial agreement so that your mind can be at ease about the future
of your property.
When couples are going through a divorce and are unable to come to a positive
resolution on their own, mediation may be a favorable option. Typically
any agreements made during mediation are placed in the Memorandum of Understanding,
which is the basis for the Separation Agreement. From there, your attorney
will incorporate the Separation Agreement into your divorce. Mediators
have no decision making power and are simply there to facilitate conversation
so that both parties can come to agreeable decisions regarding the matters
of their divorce.
In 1996, the New York Court of Appeals declared that relocation cases would
be decided based on the “best interest” of the child; however,
it was not clearly stated how the “best interest” would be
determined. If you have a pre-established custody agreement in your divorce
but you wish to relocate, it is important to understand that these cases
are “fact sensitive.” What does this mean? Each case is unique
and will be decided based on the facts and merits provided in court.
High-Net Worth Divorce
For those getting a divorce that have international assets, business assets
or tax considerations, it is considered a high-net worth divorce. When
approaching this complex divorce proceeding, you need an NYC divorce lawyer
who has the knowledge regarding complex financial issues and a high rate
of success in handling high stakes litigation.
Working With Musa-Obregon & Associates
At our New York City family law firm, we provide outstanding representation
for those who are faced with contested and uncontested matrimonial proceedings.
With extensive experience handling complicated divorce matters, we relentlessly
pursue our clients’ best interests.
We seek to use negotiation, mediation and alternative dispute solutions,
taking our clients to trial only when it is necessary. Serving Queens,
Manhattan, The Bronx and all of the Five Boroughs in New York, we encourage
you to call our firm today so that we can review your case during a free
Call 888-502-8461 today to speak with our Queens divorce attorneys.