Queens is home to a diverse population, and like communities elsewhere, families here face complex challenges. From going through a divorce to resolving a child custody dispute and dividing marital property, working with an experienced family law attorney is essential.
At Aiello & DiFalco LLP, we provide compassionate, effective representation to families going through transitions throughout Queens and the surrounding area. We often encourage clients to resolve family disputes through the mediation process, but we are always prepared to try any matter in family court if necessary. Above all, we will work in your best interests and help you achieve your objectives. Contact us today for a consultation.
Queens Divorce Attorney
Divorce is never easy, even though New York is a no-fault divorce state. This means you must only show there has been an irretrievable breakdown in the marital relationship for the court to grant a divorce. Nonetheless, the parties must resolve critical issues such as:
Division of Marital Property
New York is an equitable distribution state for purposes of divorce. This means your marital property will be divided fairly, but not necessarily evenly split. When it comes to distinguishing between separate and marital property, working with a knowledgeable Queens divorce lawyer is indispensable. Trust our firm to protect your property rights at the bargaining table or in the courtroom.
Many divorcing couples plan to co-parent their children. In some cases, however, resolving child custody and parenting time can become contentious. Moreover, unwed parents have unique needs regarding custody, such as determining paternity, obtaining child support, and establishing parental rights. Let us help you negotiate a child custody agreement that is in your children’s best interests and protects your rights. Above all, we will work to help you preserve your relationship with your children.
All parents in Queens (married or not) have a legal obligation to provide for their children financially. In a divorce, the noncustodial parent will pay child support to the other parent. If custody is shared, the lower-earning spouse is considered the custodial parent, and the parent who earns more will pay child support. At Aiello & DiFalco, we work to help clients establish, modify, and enforce child support.
Spousal Maintenance (Alimony)
Unless the couple has a prenuptial agreement that covers alimony, the court may award temporary maintenance to either spouse during the divorce. Temporary maintenance ends when the divorce settles or the court orders post-divorce or rehabilitative maintenance.
This form of spousal maintenance provides financial support for the receiving party to obtain training or education to become self-supporting. Although the court relies on a formula to determine the amount and duration of rehabilitative maintenance, we can help to negotiate an alimony award that works for both parties.
What Is Divorce Mediation?
Divorcing couples looking to avoid the emotional and financial costs of litigation can consider mediation, a more amicable and less expensive way to legally end a marriage. In divorce mediation, the couple hires a professional, third-party mediator to guide them to a settlement.
The attorneys at our firm have specific training in mediation and have successfully mediated cases in Queens without going to court. Our peers also call on us to act as consulting attorneys to assist parties already mediating a divorce case.
Orders of Protection
When violence occurs between family or household members, victims or targets of domestic abuse can ask the court for an Order of Protection to restrain the alleged assistant from coming near or contacting the victim. Whether you need to obtain an order of protection or defend against an unjust restraining order, our Queens family law attorneys can help you get through this difficult and stressful time.
Today, engaged couples in Queens often consider prenuptial agreements to protect property they have acquired before the union. Negotiating a prenup can help to clarify their financial habits and goals, and encourage open and honest communication. Whether this is your first marriage or you are entering a second or third marriage, you can benefit from creating a prenup. Talk to our experienced prenuptial agreements attorney today to get started.
Contact Our Experienced Queens, New York Family Law Attorneys
At Aiello & DiFalco, we dedicate our practice to helping families find solutions to disputes that cannot be resolved in the home. We work to reach negotiated settlements to family law disputes but are equally comfortable in family court. When you work with us, we will give you the tools you need to make informed choices about your family and your future. Contact our office to speak with an experienced family law attorney. Both partners have deep family roots in Queens County and extensive experience handling matters in Queens Courts.