Comprehensive New York Divorce and Family Law Practice
The Law Firm of A.J. Temsamani, P.C. practices in the areas of divorce and family law on Long Island and throughout New York City. We help opposite-sex and same-sex couples throughout all phases of the marital relationship, including negotiating premarital and marital agreements, separation and divorce, child custody, support, the division of assets, and post-divorce issues such as modification and enforcement of divorce decrees. We also represent parties involved in domestic violence matters, such as obtaining or challenging orders of protection.
Grounds for divorce in New York include adultery, abandonment, imprisonment, and cruel and inhuman treatment. In addition, couples may divorce by demonstrating they have lived separate and apart for a year or more pursuant to the terms of a separation agreement. Most recently, New York adopted the concept of no-fault divorce, so that a couple may get divorced by showing that the marriage has broken down irretrievably for a period of six months or more.
A no-fault divorce cannot be granted until all the related issues have been decided, including the division of marital property, the payment or nonpayment of spousal support, child support, and child custody and visitation. If the parties cannot agree between each other, then the judge will decide these matters based on the evidence presented in court by the parties and their lawyers. At The Law Firm of A.J. Temsamani, P.C., every effort is made to negotiate a favorable resolution to your divorce without having to seek the intervention of the court. If it is necessary to litigate your matter in court, you can expect that we will zealously represent your interests and thoroughly prepare you and your case in a manner that will achieve the best possible result.
Divorce mediation can be an effective alternative to resolving the issues surrounding your divorce without having to resort to litigating your case in court. In mediation, you and your spouse will have the assistance of a neutral third party, the mediator, who will facilitate the resolution of your disputes over custody, an appropriate parenting schedule, child support, spousal support, the distribution of your assets and any other marital dispute a judge would have the authority to hear and decide if you were litigating your case in court. Even after your divorce is final, problems may arise which could cause the need for modification of the original terms of your agreement or judgment of divorce. The mediation process can also be an effective method of resolving post-judgment divorce issues without the need for court intervention.
If you wish to avoid an adversarial process, A.J. Temsamani can mediate your divorce in an environment conducive to constructive communication and problem solving.
Pre and Post-Marriage Agreements
As a comprehensive family law practice in New York, our firm regularly negotiates and drafts all manner of marital agreements, including prenuptial and post-nuptial agreements. A prenuptial agreement is a valid and binding contract that couples contemplating marriage can enter into. A prenuptial agreement can state in advance how issues such as spousal support and the division of property will be handled in the event of divorce or separation. Any couple can benefit from a prenuptial agreement, although they are most often utilized when there is a significant disparity between the income or assets of the parties, or where one or both individuals have been married before and suffered through a difficult divorce they do not wish to repeat. Current spouses who did not enter into a prenuptial agreement can achieve the same effect with a post-nuptial agreement made during their marriage.
Our firm also negotiates separation agreements when parties wish to separate but are not ready to divorce. Some couples choose not to divorce for religious reasons or for taxes and other practical reasons but still choose to live apart. A valid separation agreement can decide important issues such as custody and visitation, support and property distribution. If the parties later reconcile, they are still legally married, or if they choose to divorce, they have established grounds by living separate under a separation agreement for a year or more, as noted above.
Prenuptial, post-nuptial and separation agreements must all meet certain requirements in order to be valid and enforceable. It is important to have knowledgeable and experienced legal assistance to make sure the agreements are drawn correctly and that one party is not unfairly disadvantaged by the other. A.J. Temsamani has years of experience representing high net worth individuals and couples, including the drafting of all manner of marital agreements.
Post-Divorce Modifications and Enforcement
Circumstances change over time, and it may become necessary to revisit a divorce decree. A change in one ex-spouse’s income or needs, or a change in the needs and expenses of the children, may justify modifying an order for spousal support or child support. If one parent wishes to relocate or significant issues arise which adversely affect your children, the child custody and parenting time arrangement may need to be revisited. Modifications require court approval, and a hearing may be necessary if one party objects to the proposed modification.
If court orders for child support, spousal support, or custody and visitation are not being followed, it may be necessary to return to court for enforcement. Persons not complying with court orders can be found in contempt. There are also many mechanisms available, either through the courts or other government agencies, to force payment of child support. Both parties in enforcement proceeding should be adequately represented by legal counsel for their benefit.
Find Practical Solutions to Your Family Law Needs with the Help of an Experienced Family Law Attorney
Most family law matters are left in the hands of a judge to decide, if they cannot be decided by the parties themselves. New York family law attorney A.J. Temsamani is skilled at finding creative, sensible solutions to complex problems that work for everyone involved and are likely to be willingly implemented and followed by the parties. Where court action is required, Mr. Temsamani is a strong advocate for his clients with abundant knowledge and years of experience in courtroom procedure. In Long Island, Queens and Manhattan, contact The Law Firm of A.J. Temsamani, P.C. for your family law needs.