Divorce Lawyer

Divorce Law

Divorce can be one of the most difficult and emotional periods of one’s life It also can be a financial hardship to a spouse who was not involved with the family finances. One needs quick answers as to how much they are entitled for child support, maintenance, etc. One needs an experienced matrimonial attorney who can provide the answers to these critical issues. We will fight for your rights and obtain quick relief from the Court so that the status quo will be maintained.

Michael F. Kanzer  Esq. is  an experienced, dedicated, compassionate, and successful lawyer   that  has handled over  600 divorces in the past 30 years .

We also excel in negotiation techniques which we employ throughout the litigation process, this often helps resolve matters more amicably and efficiently, rather than having to go through a trial.  We do what is in the best interest of the client. We will help you make the right decision as to whether or not to settle your case.

We have been a member in good standing to the New York State Bar Association for more than 20 years.

Is there a type divorce where I don’t need a divorce attorney in NY?

There is no rules that you need an attorney to file a divorce in NY. However, even if both sides agree, the procedure and forms to file a divorce are complicated in New York. It is highly recommended to hire an experienced divorce attorney.

What are the grounds for divorce accepted in NY?

Divorcing spouses may also still seek a divorce in New York based upon Fault by alleging any of the following grounds:

  •  Abandonment for at least one year
  • Irretrievable breakdown ( NO FAULT DIVORCE)
  • Constructive abandonment or refusal of sexual intercourse by one party for  more than one year
  • Cruel and inhuman treatment that makes it unsafe or improper for the couple to continue living together (physical or mental abuse)
  • Incarceration for at least three consecutive years after the marriage
  • Adultery

If a spouse asks for a divorce based on any of the fault grounds, he or she will have to prove to a judge that the other spouse actually committed the misconduct. Therefore, most parties prefer a no -fault divorce rather than the emotional and financial strain involved with a fault divorce.

There is also a divorce based upon being separated pursuant to a separation agreement for more than one year. The parties must live in separate residences and the agreement must be filed with the court prior to commencement of the divorce.

Since 2010, a New York couple may get a no-fault divorce if one of them states, under oath, that the marriage has broken down irretrievably for at least six months. (Basically, what does this mean to them? What is a no-fault divorce?)

However before a court will grant a no-fault divorce, the couple must show that all of their divorce-related issues, such as child support, custody and visitation of child, child support, and division of assets have been resolved. This can be done between the spouses in a divorce settlement agreement or by a court order.

What can a family law or divorce attorney help me with?

We can also help you if you do not want to be divorced.at this time.  We prepare legal separation agreements.  In said agreements, the parties can have a binding legal agreement which can resolve critical issues as custody, visitation, child support, maintenance, and division of assets. The parties can get divorced based upon this agreement after one year.  This agreement can be incorporated into a divorce judgment. We also represents clients in family court to obtain  custody, child support , Orders of Protection, visitation, etc.

How do I know how much alimony and child support I can get?

Spousal maintenance also known as Alimony is basically a payment made from one spouse to the other. Married people are responsible for the support of their spouses and may end up being responsible for paying a specific sum deemed by the court.

There is a new maintenance law that was recently signed into law by Governor Cuomo. A summary of key provisions of the new legislation, as it relates to maintenance, is as follows:

  1.  The statute establishes an income cap to be used for the calculation of temporary maintenance and permanent maintenance at $178,000 of the payor’s income.  The new cap is more in line with the cap that is used for the calculation of child support.
  2.  The statute provides for two sets of formulas in the calculation of maintenance.  The first set of formulas is used when the payor’s income is at or below the cap.  Within that scenario is a formula for when the payor is also paying child support and the other for when the payor is not paying child support.  The other set of formulas is used when the payor’s income is above the cap.  This second scenario uses the calculation for maintenance with income at or below the cap and then applies a series of deviation factors that the court can apply to income above the cap in its calculation.
  3.  In determining temporary maintenance, the court shall consider the parties’ responsibility for payment of family expenses during the pendency of the proceeding.
  4.  Temporary maintenance shall be calculated prior to child support because the amount of temporary maintenance shall be subtracted from the payor’s income as part of the child support calculation.
  5.  Temporary maintenance shall terminate no later than the issuance of a judgment of divorce or the death of either party.
  6.  In determining permanent maintenance, the statute provides that income from property distributed to each party be considered.
  7.  The stat