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FAMILY LAW
CALL NOW to schedule a consultation in our office!
212.267.0200 The Marzec Law Firm handles divorces and any other family matter that you may be dealing with. If you are looking at this page, you are most likely going through a stressful time in your life. Selecting an attorney who will give you the type of personal attention that you need and deserve sometimes feels impossible in a city like New York. Therefore, the Marzec Law Firm provides straight-forward advice and handles our clients' matters aggressively yet courteously to the other parties involved. We are also upfront about our very competitive fees. To view our fees and pay structure, click here. In addition to having the ability to speak to your attorney as opposed to his secretary, the Marzec Law Firm provides an easy, 24/7 access to your documents though our secure server. This convenient service also includes the ability to make credit card payments online. For existing clients, please log in here.
Please read further about the following topics by clicking on them.
DIVORCE
EQUITABLE DISTRIBUTION
CHILD CUSTODY
SPOUSAL MAINTENANCE
DOMESTIC VIOLENCE
PRENUPTIAL AGREEMENTS
ADOPTION
PROCESS OF HIRING AN ATTORNEY IN A DIVORCE / FAMILY MATTERDuring the initial consultation, we can only provide the most basic details and overview of your case. We can not give out detailed advice or exactly predict your obligations pursuant to any divorce judgment. Subsequent to signing a retainer and depositing an agreed upon amount, we may start the divorce proceedings by either drafting a Summons with Notice or a Summons with a Verified Complaint, an Order to Show Cause to obtain emergency relief, filing any family court petitions, or drafting a separation agreement.
For example, filing a summons with notice and payment of the mandatory $210 filing fee will give us 120 days to serve the defendant spouse. It is usually done much sooner than the 120 days allowed by law. After the service, an Affidavit of Service is then filed in the clerk's office. The defendant spouse will have 20 or 30 days to answer, depending on the manner of service. The Answer will likely contain counterclaims. If the spouse is represented by an attorney, the filing of a Verified Complaint will follow. In some casees, a Summons with a Verified Complaint is filed, allowing to elaborate on the grounds for divorce from the start.
In emergency relief situations, an Order to Show Cause is filed. It is an ex-parte application usually filed with either the Summons with Notice or the Summons with Verified Complaint and an Affidavit spelling out your factual basis for emergency relief, and an Affirmation stating the legal basis for such relief. Such a document may request an exclusive use and occupancy of the house, a Temporary Restrainint Order, restrain on bank accounts, temporary custody of children, a restraining order preventing transfer of assets, request maintenance, payment of spouse's bills, and child support payments. A judge may grant or deny relief. In case of a grant of an Order to Show Cause, because it is done through an ex-parte hearing, the other spouse must immediately be served with process to have an opportunity to be heard soon thereafter.
As your contested divorce case proceeds, a preliminary conference will be scheduled. At the conference, the attorneys will prepare a Preliminary Conference Order setting up the discovery schedule and to idenitify unresolved issues. Before the preliminary conference, both parties must file a Statement of Net Worth submitted with tax returns for the last two years, W2's and recent pay stubs. After this, discovery will proceed and interrogatories will be drafted and answered, Notice for Discovery and Inspection and EBT Notice Served, appraisals and experts will be determined, and a note of issue date will be established. Be ready to both provide and receive very thorough financial information. Our firm must have this information from your spouse to properly represent your interests. You may be required to answer questions in a deposition. The judge is not present, and we will have the opportunity to question your spouse too. When we are ready for trial, a note of issue will be filed. We will proceed to trial and the judge will decide issues of child custody, child support, maintenance, and equitable distribution. Going alone through the process is almost impossible. Hiring the Marzec Law Firm to represent your interests in all stages of the proceeding will be of tremendous help during this difficult time in your life.
FAMILY COURT PETITIONSBefore filing for divorce with the Supreme Court, it is technically possible to petition the Family Court on various matters, including Custody and Visitation, support, and an Order of Protection. Petitioning for Child Custody and Visitation in the Family Court is only wise in simple matters, such as a stay at home mother who seeks the custody of children. Contested Child Custody should be determined in the Supreme Court. If you are planning to file a divorce, you probably should not battle your spouse for children's custody in the Family Court. Both the Family Court and the Supreme Court may appoint a Law Guardian to represent the children's interests. Although the Supreme Court will likely award you higher Child Support or Maintenance (alimony), petitioning the Family Court may be a good idea because upon your first appearance by way of an Order to Show Cause, the Family Court can grant immediate spousal support and Child Support. It may take 60 days in the Supreme Court to obtain similar relief, but you have the benefit of asking for mortgage, utilities, car payments, health and life insurance to be paid by your spouse. In cases of domestic abuse, you may ask for a Temporary Restraining Order in the Family Court. This ex-parte application may result in your abusive spouse being removed from the marital home and ordering him to "stay away" or at least "not to molest, harass or annoy" the spouse and children.
SEPARATION AGREEMENTSA Separation Agreement filed with the Clerk's Office located in the county where one spouse resides may serve a basis for a divorce. Click here for a discussion of divorce grounds. If no other divorce grounds are available, parties may enter into a Separation Agreement. However, conflicts often occur with parties frequently seeking to challenge the Separation Agreement terms and to request additional relief. If possible, it is recommended to divorce immediately, as this will minimize your overall costs and potential for future conflicts. However, if you need a Separation Agreement, we will be glad to draft one specific to your situation.
CALL NOW to schedule a consultation in our office!
212.267.0200 MARZEC LAW FIRM
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The Marzec Law Firm, PC is conveniently located in downtown Manhattan, Williamsburg-Brooklyn and Clifton-New Jersey. The Firm currently serves clients in New York, New Jersey, Connecticut, Massachusetts, California, Florida, and Illinois. Click here for directions to the New York City office.
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