Our Practice Areas in Matrimonial & Family Law

What is an Appeal?

When a litigant achieves a result from a court that is believed to be erroneous, they have the right to appeal to a higher court. In New York, there are two appellate levels so that in certain situations one might be able to appeal the results of an appeal. This is called the appellate process.

Should I file an Appeal?

Appeals are generally costly and lengthy and the expense and time factors can sometimes trump the rights issue. The decision whether to appeal a decision believed to be erroneous is a weighty one.

Our Family and Matrimonial Law Expertise

Our attorneys have experience and a demonstrated track record of success in appellate practice. Should we decide, together with our client, that pursuing an appeal of an erroneous decision makes sense from a financial and practical perspective, we would guide them through the process to its ultimate conclusion.

Until children reach the age of eighteen, their care and control is the responsibility of their parents. In an intact family, both parents share this responsibility. Where parents are not living together, the responsibility can be sole, divided, or joint, denominated as “zones of responsibilities” or “spheres of influence”.

What are the Types of Custody?

With sole custody one parent makes the final decision in specific significant areas. With divided (or split) custody each parent has final decision-making in designated areas. With joint custody both parents must agree. Where there is failure to agree, mechanisms engage to forge an understanding. Often these arrive in the form of a third party who assists in the decision-making. At times, these decisions are left to the court or an arbitration proceeding.

How Do You Win a Child Custody Case?

Custody is one of the most difficult and delicate areas of family law. Doing it well requires keen knowledge of child development, of psychology and its myriad of personality issues, as well as an innate grasp of the detrimental effects of conflict on children. Dobrish Michaels Gross is known throughout New York State for its expertise and sensitivity in this area. In addition to their writing and lecturing on these topics, attorneys from the firm are called upon frequently by other lawyers to consult or co-counsel on these type of cases.

Child Custody Cases in New York State

A major vein of custody is where a child resides. If there is not an even sharing of time (measured by overnights), then the parent with the greater number of nights is deemed the primary residential parent, as well as the one who is entitled to receive child support from the other parent. There is no sliding scale for child support in New York (as there is in a number of other states), which would provide for more support to be paid if the primary parent increases his or her time with the child. As a result of New York’s current inflexibility, economic issues impact residential custody. Beyond this, significant controversy can arise over the scheduling of overnights and over negative parental influences that coax forth a child’s reluctance to visit. Issues that relate to proper scheduling require an acute ear to the developmental stages of children and the various challenges they face, as well as to the sharing of employees, of clothing, of pets, of information and so much more.

Our Family Law Expertise

Attorneys at Dobrish Michaels Gross not only lecture and write about issues that relate to custody and access, they also regularly speak at and chair conferences where these issues are debated in an interdisciplinary forum. As such, DMG stays current on bleeding-edge research in the area, perpetually in contact with the most articulate and astute experts in the field, whom the Firm utilizes in appropriate situations that emerge.

The most perfect standards in parenting such as “always be fair,” “do the right thing,” and “decide in the best interests of the child” call for maximum discretion. The problem with such standards has always been that discretion requires subjective decision-making, so the results of child custody cases are unpredictable.

The Problem with a Formulaic Approach

In order to standardize results in child support decisions, there has been a movement toward formulas and factors. Child support has become one of the areas that is now primarily determined by formula. Every state in the United States is required to take a formulaic approach. The problem with formulas is that, while they may be predictable, they do not work well in all cases. This is particularly true in high-net worth cases. As a result, there are exceptions to the formulaic approach, which are complicated and uncertain.

How is Child Support Calculated?

In the State of New York, child support is payable until a child turns 21, and beyond that in situations where a child has special needs. Support is generally calculated in proportion to the income of the parents. Only the non-custodial parent is ordered to make child support payments. When analyzing the income of both parents, the court will examine federal tax returns in order to calculate child support. Child support orders can be modified if the amount is too high or if the circumstances change unexpectedly. A serious illness, loss of employment or a significant increase in income could be grounds to pursue a child support modification.

What happens if you fail to pay child support?

Failure to pay court-ordered child support is a serious matter triggering numerous possible remedies.

Dobrish Michaels Gross LLP Leads the Way in Family Law

Our lawyers have been among those who are working within the system to make child custody decision-making work better, and part of a small group who have successfully challenged the formulas to develop a growing body of case law that allows deviations from the formulas in appropriate cases.

Should unmarried couples sign cohabitation agreements?

Like paternity, cohabitation agreements are a non-marital area of family law. Similar to married couples, individuals who are living together in an unmarried relationship run into problems when they separate — problems which involve the division of assets and liabilities, pets, rights to use of property, and support.

Do I need a cohabitation agreement?

When a cohabitation agreement does not exist, some couples can amicably separate and move on. For others, separating can lead to a heated and lengthy battle over assets and other issues, which must often be resolved in court. Many cohabitating couples decide to enter into agreements that limit and define their rights and obligations to one another in order to avoid future complications.

Seeking legal guidance when creating a cohabitation agreement is essential, especially for couples with high-net worth.

Is a cohabitation agreement right for me?

Establishing a cohabitation agreement allows a couple to enter into a non-marital agreement that dictates how they will go their separate ways in the event they split up. Cohabitation agreements are suitable for long-term or serious relationships where money and property will be intermingled. While oral agreements can be upheld in court under certain limited circumstances, it is best to have a cohabitation agreement in writing. These agreements can be comprehensive and address issues such as estate planning, property purchased during the relationship, and inheritances.

What happens if you don’t have a cohabitation agreement?

In the absence of an agreement, negotiation is always an option superior to litigation, but after a relationship has ended, it is often difficult to find a timely resolution. Although financial support under such circumstances (i.e. “palimony”) is very difficult to obtain, doctrines of implied partnership, constructive trust, and unjust enrichment sometimes come into play.

What is Equitable Distribution in a divorce?

In divorce proceedings in New York, the manner of dividing property is called Equitable Distribution. Unlike community property, equitable distribution does not necessarily mean equal. If a divorcing couple cannot agree on how to go their separate ways, the court will decide how to split their marital assets. The division of marital property often becomes one of the most contested aspects of a divorce, especially when high-net worth assets are involved.

How do you decide the division of property in a divorce?

Separate property, or property that was acquired before the marriage, is not divided. When deciding on Equitable Distribution, a judge will take into consideration many factors such as the duration of the marriage and each spouse’ age, health, income, and financial future. Each spouse’s contribution to acquiring marital assets is also taken into consideration, including indirect contributions such as a mother’s decision to stay at home to care for the family.

Our Matrimonial Law Expertise

New York’s law regarding equitable distribution came into effect on July 19, 1980, and in the decades since its initial passage, the law has been refined both by legislative alteration and judicial interpretation. Lawyers at Dobrish Michaels Gross LLP have been involved with this law since its inception, and our senior partner was involved both with its planning and implementation in 1979 and 1980. Our firm has been involved in the litigation of numerous issues relating to property division, with some of our cases clarifying or changing the existing law. Our attorneys have lectured and written about equitable distribution extensively, as well as worked towards its clarification in their bar association activities.

Filing for Divorce in New York State

New York was the last state to adopt no-fault divorce. There is no longer a need to prove fault grounds when filing for divorce. A person who wishes to divorce must simply prove that the marriage has irretrievably broken down. Nevertheless, divorce is not a simple matter.

How do I file for divorce?

There are questions of whether to file for divorce or wait to respond to divorce papers, when and where to file for divorce, as well as what to ask for during the divorce process. A divorcing couple must also address ancillary relief, which includes custody, access arrangements, child support, spousal support, and equitable distribution. These aspects of divorce often involve strategic decisions and require a sophisticated understanding of one’s rights and responsibilities. Divorce can become all the more complicated when high-net worth assets and children are involved.

Can divorce settlements or Agreements be changed?

When a divorcing couple cannot come to an amicable agreement, the divorce must be finalized in court. After a divorce is finalized in court, the terms of the divorce are not always final. An individual can file to seek to modify certain divorce-related orders, such as a support order or custody and access issues when circumstances change.

Divorce and Family Law Attorneys

Also known as domestic relations attorneys, divorce lawyers support clients through the decision on how and when to initiate or respond to all stages of a divorce case, in addition to developing the case itself. As experts in the nuances of divorce cases as well as thought leaders in family law, the attorneys at DMG are able to provide cutting edge support to their clients.

What is Non-Traditional Family Law?

Today, more than ever before, the concept and definition of “family” has been enlarged to include parties who never before were included as parents or potential parents. Advanced reproductive technology has resulted in a fudging of lines as to who could be considered a mother or a father. For example, couples who choose to adopt or rely on in vitro fertilization or surrogacy may face certain challenges when determining child custody and child support. Same-sex relationships and marriages have added new dimensions to the mother-father dyad that require the attention of an experienced lawyer. Additionally, with grandparents playing greater roles in the family model, the inventory of potential parent figures has been enlarged exponentially over the past few decades. Many grandparents wish to be active in the lives of their grandchildren, which is why many file for grandparent visitation rights after the child’s parents file for divorce.

Our Non-Traditional Family Law Expertise

These kinds of cases can be complex and difficult to resolve, especially when it seems as if state and federal laws are constantly changing. Over the years, our firm has been involved in a number of ground-breaking and cutting-edge non-traditional family law issues. We are available to provide counsel and advocacy in emerging areas of family law where our good sense and creative thinking serves our clients well.

What is a paternity case?

Before the advent of DNA testing, paternity issues included the validity of blood tests. While this issue no longer exists, the rise of surrogate parenting and in vitro fertilization has opened the door to new issues in the area of paternity litigation. Even the naming of an out-of-wedlock child has become an area of potential disagreement. Once paternity is established, access issues and support obligations arise and are sometimes dissimilar to the ones that we see in divorce situations, mainly because child support is the only payment that is required and often falls short of the legitimate needs of the dependent spouse. This imbalance often leads to serious controversy.

Should I file a paternity petition?

The mother who wishes to establish paternity may be able to petition for child support from the child’s father, which can alleviate her financial burden. If the father fails to make child support payments, she can take steps to make him comply. By establishing paternity, a father has the legal right to file for visitation or custody. Paternity can also give the child access to his or her father’s benefits, life insurance, and medical history. Paternity can be established by signing an Acknowledgement of Paternity or by filing a paternity petition in court if one of the parents does not agree to sign the Acknowledgement of Paternity. A mother can file a paternity petition up until the child reaches the age of 21.

Our Family Law Expertise

Dobrish Michaels Gross LLP attorneys have significant experience litigating and resolving the issues that arise in paternity cases. We have represented individuals in cases involving professional athletes, celebrities in the film and music business, high-level business and finance people, and numerous professionals in paternity and paternity-related matters. We are vigilant in trying to make sure that these cases are handled with professionalism and utmost discretion.

What is a Post-Judgment Issue?

After a legal decision has been obtained, there are generally obligations that the parties have to one another. These include making payments, transferring property, providing and exercising access schedules with the children, participating in programs, and behaving (or refraining from behaving) in a particular way.

However, because a person’s circumstances will inevitably change in the future, agreements that were once considered fair can become difficult to uphold. Often, the parties in agreement (or an order of the court) think they should no longer be bound to it, or feel rudderless navigating post-judgment. At these junctures, attorneys may engage to steer their clients back to the provision of an agreement or an order, in order to enforce or modify them. Modifications, upward or downward, are often sought in child support cases.

How is a Post-Judgment Issue resolved?

As in all other areas of domestic relations, the most pacific way to resolve these issues is through discussion, understanding, negotiation and, often, compromise. But this is not always possible, particularly after a judgment has been rendered. One side is generally asking for more (or less) of what had previously been agreed upon or ordered. One side, or both, may need guidance once again.

Our Expertise

In these scenarios, sensitivity and creativity are paramount to reach our clients’ goals. Value, for instance, may need to be created in order to compensate for value which is no longer obtainable. Simultaneously, one’s attorney must have full command of the nuances of the law, procedural fluency, and the skill to guide a complex argument toward an effective resolution. The lawyers at Dobrish Michaels Gross LLP have proven this command, fluency, and skill for over twenty years.

What is a postnup?

A postnuptial agreement is a contract drafted between a married couple designed to resolve a variety of difficulties and differences which have arisen during the marriage These difficulties can be as simple as peeves or as complex as finances and ownership. Often, but not always, a postnuptial agreement is a precursor to a divorce that is in the wings.

Should I sign a postnup?

It is better to have a post-nuptial agreement in place instead of having no agreement at all. This kind of agreement can provide an individual with protection in the event the marriage ends in divorce. Having a postnuptial agreement can also provide an individual with peace of mind regarding his or her assets and future.

What is included in a postnup?

There are a wide range of matters that can be included in a postnuptial agreement. A postnuptial agreement may cover issues such as spousal support, child support, child custody, access arrangements, property division, and asset protection, as well as what kinds of vacations should be planned, how to add adventure to a [...] life, whether couples’ counseling, therapy or specialized programs need to be [..] and maintained and the like. It is important to have a family law attorney assist with the drafting of this important document or to at very least, review it once it has been drafted.

Our Matrimonial Attorneys

Drafting a postnuptial agreement without legal guidance may result in important issues being ignored or created. A postnuptial agreement should be as comprehensive as possible. It is also of vital importance to ensure that a postnuptial agreement is free of ambiguous language and makes the individual’s expectations about marriage very clear. Having a solid post-nuptial agreement in place may help a couple remain on amicable terms in the event they decide to divorce in the future.

Should I sign a Prenup?

Establishing a prenuptial agreement is a proactive and realistic approach to marriage. In the past, prenuptial agreements were used primarily to protect one wealthy spouse from having certain assets being subject to division in the event of a divorce. Now, prenuptial agreements can be used for much more than simply asset division and protection.

Why do people sign prenups?

There are a number of different reasons couples decide to draft a prenuptial agreement prior to marriage. The most common reason is that it can provide an individual with peace of mind because the legal document outlines how certain issues will be addressed down the road in the event of divorce and it is negotiated at a time when the parties are loving toward one another. A prenuptial agreement can offer a number of options that do not necessarily follow the law and that are customized to the couple. Personal inheritances and business assets can be protected. It can also include the expectations a person has of the marriage, which could help avoid arguments, the very same arguments that could lead to a divorce.

Our Matrimonial Law Expertise

Many proactive individuals seek the help of a skilled and meticulous lawyer in order to create a legally sound and comprehensive agreement. A strong, well-drawn prenuptial agreement is often a good option for our clientele base.

What is a Spousal Support Case?

One of the thorniest issues in many divorces is the amount and duration of spousal support. This is an area where positions often are apart by wide margins; the receiving spouse believes the fair amount is a lot for a long time, and the paying spouse often believes it should be somewhere between nothing and very little for a short period of time. Because of the gap, the legislature has been experimenting with a formulaic approach to spousal maintenance to eliminate the disparities in expectations and provide a predictable outcome. The results, which were first applied only to temporary support, have been extremely controversial. Particularly in high-income cases, the formulaic approach has often proved unfair and unworkable. It is the expectation of most that there will be Maintenance Guidelines by statute. Whether and to what extent they will be applied to high-income cases remains to be seen.

Is Spousal Support Permanent?

Spousal support can be temporary or permanent. When ruling on a spousal support case, a judge considers numerous factors that are set forth in the statute. Permanent support can end on the expiration date noted on the order when either party dies, or when the receiving spouse remarries.

Our Matrimonial Law Expertise

Through our involvement in Bar Associations, Dobrish Michaels Gross LLP has participated in the formulation—and opposition—to some of these proposals. In the cases we handle, we have been arguing the issues that impact on the decisions being made regarding the structure and application of these guidelines.