At FRISS LAW FIRM, P.C. we assist clients in all aspects of Matrimonial and Family Law, including:
Contested and Uncontested Divorces
Child Custody and Visitation
Child Support
Alimony
Prenuptial Agreements
Every divorce process is unique. Divorce is the final, legal ending of a marriage. Obtaining a divorce in New York State is very complicated. Before you can file for a divorce, you must satisfy the residency requirements and have grounds for divorce set forth in Domestic Relations Law Section 170. Once the judgment of divorce is signed by the judge of the Supreme Court of the State of New York, the parties are divorced. At FRISS LAW FIRM, P.C. we handle straightforward uncomplicated (uncontested) divorces and complex divorce proceedings.
The dissolution of a marriage is more traumatic for the children than for the parents. When parents decide to get divorced, decisions regarding the custody, visitation rights, and support of the child must be made. Unless the parents can amicably agree on those issues, the Court will make the decision.
Think of a prenuptial agreement as an insurance policy on your marriage that you get to write yourself. In fact, some experts have suggested that getting a prenup might increase the likelihood that your marriage will be successful. Although such conversations might be awkward, they set the stage for open communication about finances through all your years together. So, what is a prenuptial agreement?
If you and your spouse are able to resolve all financial and parenting issues amicably, your divorce will be uncontested. Uncontested divorce is less costly and often takes far less time than traditional divorce. The purpose of uncontested divorce proceedings is to work all the issues out so that the two can come to an agreement. However, if the spouses are not able to reach an agreement, if one of the spouses does not want to get a divorce or disagrees with either financial or parenting arrangements, your divorce will be contested and will then have to be resolved in court.
At FRISS LAW FIRM, P.C. we understand the emotional, financial and legal impact of a divorce on you and your family. We can help you negotiate an amicable agreement to resolve an uncontested divorce. We aggressively advocate for your interests in a contested divorce, marital property division dispute or any other contentious family law matter. Our main goal is always to help you resolve your legal problems as quickly as possible so you can begin to move forward with your life.
Child Custody and Visitation Rights
There are two general categories of child custody: Physical and Legal Custody. If a parent is granted physical custody, the child shall reside with this custodial parent. The non-custodial parent shall have reasonable visitation rights. If a parent is granted legal custody, this parent shall make all of the major decisions on behalf of the child. If the Court grants Joint legal custody to both parents, the Court expects that the parents agree on the major decisions concerning the child and such decisions should be made together, taking into consideration each other's opinion concerning upbringing of the child.
At FRISS LAW FIRM, P.C. we understand the impact that divorce has on children and work hard to negotiate child custody and visitation arrangements in the best interest of your children.
Prenuptial Agreements
A prenuptial agreement is a contract between you and your future spouse that is entered into before getting married. In a prenuptial agreement, you and your future spouse disclose to each other all your financial circumstances, including all the money, your earnings, assets, a business, and property you own at the moment. After both of you fully disclosed your financial circumstances, you and your spouse set forth the rights and responsibilities each of you will have during the marriage. It may include how you will identify your property acquired before the marriage, your business, and other assets, how you will own your property during the marriage (separately or jointly), how you will divide your money and property in the event your marriage ends in divorce or death, and other different issues. However, a prenuptial agreement cannot definitively address child support issue or custody issues for unborn children.
New York courts will recognize a valid prenuptial agreement that may be different from how New York law would divide the property. In order for a prenup to be enforceable, it should be properly executed in the first place. A prenuptial agreement is valid and can be enforced as long as it protects both you and your future spouse, it was entered into with a full and fair disclosure of all assets by both you and your spouse, and was properly executed and acknowledged with the full formality.
At FRISS LAW FIRM, P.C. we help you to draft a prenuptial agreement to protect your assets and financial interests and to to insure your financial future.
For further information about our family law representation
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