When a couple cannot settle their marital issues on their own, each party will usually retain separate counsel to represent their respective interests in a divorce. When negotiations outside of court break down, the matter is then considered to be a contested divorce.
When a couple is able to discuss their situation in a civil manner and is able to reach settlement terms without the need for formal negotiations or court intervention, an uncontested divorce is often the best, quickest and least costly option.
A Separation Agreement can be obtained by a written agreement or by way of a judgment of the Supreme Court. Providing the parties the opportunity to take control of the terms of settlement rather than having decisions dictated to them through costly litigation.
Post Divorce Modifications
When unforeseeable significant changes occur after a divorce, separation or order of a court, it is possible to apply to seek changes to a previously entered into agreement, judgment or order.
Pre & Post Nuptial Agreements
The main purpose of a pre-nuptial or post-nuptial agreement is not only the resolution of asset distribution in the case of a termination of the marital relationship, it also serves to minimize conflict at the time of the termination of a marriage by establishing common ground on all marital issues in advance.
Order of Protection
In a case of alleged abuse or harassment, the aggrieved party may seek an order of protection in either the Family Court or, if a divorce is pending, in the Supreme Court. A party may file an application requesting an order of protection and, can obtain a temporary order of protection the same day.
Same Sex | LGBT Divorce
Our firm has extensive background establishing prenuptial agreements and domestic partnership agreements for same-sex couples and are proud that our agreements have been deemed proper and binding by the Courts in New York city, Long Island and the surrounding areas.
High Asset Divorce
Part of our experience and expertise is knowing that high asset divorce cases require greater expertise than attorneys alone can offer. A simple consultation with one of the experienced divorce attorneys at Berger, Fischoff, Shumer, Wexler & Goodman, LLP, can answer important questions, and it is well worth the time.
Maintenance is a periodic payment made to the lower income spouse by the greater earning spouse (the “monied spouse”) for his or her support.
Custody is often the most sensitive of Divorce and Family Law subjects. Two parents, often at odds over who would better serve the interests of their most prized possession; their children.
Child support is a mandatory payment from the non-residential parent to the parent with whom the children reside in cases of divorce, separation or out of wedlock children.
Visitation/parenting time rights can be some of the toughest and most bitter decisions made during a divorce. Care of minor children is always of primary importance to parents and an experienced divorce attorney.
Paternity is a proceeding to establish the biological father of a children. Because of the vitally important nature of this type of proceeding, the attorneys of Berger, Fischoff, Shumer, Wexler & Goodman, LLP, stand ready to utilize their experience in this area of law.