Practice Areas
Practice Areas
Matrimonial, Divorce and Family Law
DSMF lawyers are skilled negotiators and litigators who are committed to achieving the outcome our clients need now and for the future. Matrimonial and family law disputes are particularly challenging for clients. Our goal is to resolve the situation as quickly, civilly, and efficiently as possible, whether through mediation and settlement, or a trial if needed.
We communicate clearly, advise strategically, and advocate persuasively—with sensitivity to the emotional aspect inherent in the process. Despite the complexity of the law, we guide our clients to allow them a full understanding so they can participate constructively and meaningfully to achieve the desired outcome.
With offices in Manhattan and Long Island, we represent clients in all five boroughs of New York City and the surrounding counties.
Our practice includes:
Divorce, including contested, uncontested, same-sex, and high net worth cases.
- Most divorces are resolved by negotiation. While we are prepared to go to trial if necessary, our goal is to achieve the desired outcome through settlement negotiations if possible. As the parties go through the process to reach an agreement, we guide our clients on the law, the short and long-term implications of terms, and the courts’ standards of equity and fairness. When agreement cannot be reached, we represent them at trial. As necessary, we bring in experts to identify and analyze finances and value assets.
Equitable Distribution
- New York State, an equitable distribution state, requires that all property acquired during a marriage be distributed between the spouses upon dissolution. Some factors, such as the parties’ individual incomes, the age and health of the parties, the duration of the marriage, and a party’s contribution to a particular asset, affect what is deemed an equitable share. We fully analyze the parties’ assets and liabilities to achieve a fair settlement or to litigate the issues at trial for a judge’s determination.
Spousal Maintenance/Alimony
- New York Law provides that one party to a divorce may be entitled to receive spousal maintenance from the other during the divorce proceeding and for a defined period of time afterwards. This is a critical aspect of the divorce agreement as one party may be financially dependent on the other. We have a comprehensive understanding of the factors involved in determining spousal maintenance and work with clients so they fully understand the complexities of this calculation and the elements of a fair and reasonable support amount.
Child Custody and Parenting Time/Visitation
- At DSMF, we guide our clients through the emotional process of determining how best children can be raised after a divorce. While we encourage couples to work cooperatively in raising their children, good faith negotiations may become futile, necessitating a trial. We work with clients in the negotiation process, and advocate for them in court if they cannot come to terms.
Child Support
- Under New York Law, parents are financially responsible to support their unemancipated children until the age of 21. The Child Support Standards Act provides a formula to determine these payments; in certain situations, a deviation from the formula is necessary. Through careful analysis, negotiation, and at trial if necessary, our firm will advocate for an amount that is fair and appropriate.
Prenuptial and Postnuptial Agreements
- Either before or after marriage, New York law provides couples with the ability to enter into a contract that sets forth the financial terms of their marriage. Typically, these agreements are made when one or both parties have a substantial asset they wish to protect or have been married or had children previously. The purpose is to assure in the event the couple decides to divorce, the divorce can be done efficiently and without litigation. At DSMF we understand the importance of these agreements and zealously represent clients in structuring them.
Settlement Agreements
- Settlement Agreements are extensive agreements used to resolve all issues between the parties upon dissolution of the marriage. They may contain provisions relating to equitable distribution, custody, parenting time/visitation, spousal support, and child support. Our team has in depth knowledge of the issues involved and guides clients in the preparation of these agreements.
Post Judgment Enforcement and Modification of Agreements, Orders, and Judgments
- In certain situations, a previous agreement, order, or judgment, may be subject to modification based on a change in circumstances, fraud, or duress, in which case the Court has discretion to modify the previous writing. Additionally, there are times when one party willfully fails to abide by the terms of the previous writing. Whether the situation calls for a modification of the previous agreement, order, or judgment, or if one party is noncompliant with his or her obligations, we represent clients in seeking a modification or to enforce the terms contained therein.
Orders of Protection
- In some cases, an order of protection is necessary to protect one party from being harmed by the other party. Whether for a married or unmarried couple, the Order of Protection serves to prevent one party from engaging in abuse, harassment, stalking, or threatening behavior. Our client’s safety is paramount, and we represent them in seeking and enforcing protection orders.
Relocation Cases
- Since the relocation of a parent with primary custody may affect the non-custodial parent’s time and access with the child, the custodial parent must petition the Court for permission to relocate. The Court, in its discretion, can determine whether relocation is in the child’s best interest. Our experience includes representing the primary custodial parent filing a petition for relocation and the non-custodial parent challenging the petition.
Mediation
- In some situations, couples agree to call upon an impartial third party to assist in reaching an amicable and fair resolution. We can oversee these negotiations and guide our clients through the process.
Appeals
- After a trial, one party may believe that one or more issues were decided incorrectly by the presiding judge, and appeal the decision. We advise clients on the likelihood of a successful appeal, and represent them in appellate court.
Group Member:
- Linda J. DeCorato - Partner
Testimonials about our Matrimonial, Divorce and Family Law Practice
"On behalf of the two of us we want to say THANK YOU for everything you did for us. You are truly one in a million! A gentleman, a man of your word, and one really great lawyer. I am not sure what we did to have the good fortune of finding you, but somebody up there must be looking out for us!"
K.D.
