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Divorce and Matrimonial Law Overview

Practice Area Divorce

Divorce and Matrimonial Law Overview

By J. Douglas Barics

Matrimonial law covers a broad area of law. Attorneys must not only know the law, but also the relevant cases which decide unclear issues resulting in a body of case law that can be overwhelming at first. If you're reading this, it means you are likely researching more about matrimonial and divorce law for your own personal reasons. Our articles are written to help educate people about the fundamentals on their own time and in private.

If you reach a point were you need assistance either to learn about what to expect if things take a turn for the worst, or if a matrimonial action has been commenced, please call or use our contact page to schedule a meeting.

Do you need representation in any type of matrimonial action?

Contact us online or at (631) 864-2600.

Matrimonial Law in New York

What you need to know about matrimonial law

Matrimonial law is governed by the Domestic Relations Law and the Family Court Act. Article 236 Part B of the Domestic Relations Law is the heart of matrimonial practice. Enacted in 1980, it abolished the old system where alimony was the only financial relief available and introduced the new concept of marital property.

What are matrimonial actions?

  • An action for an Annulment
  • An action for a Divorce
  • An action for a Separation
  • An action for a declaration of the nullity of a void marriage
  • An action for for a declaration of the validity or nullity of a foreign judgment of divorce
  • An action for a declaration of the validity or nullity of a marriage
  • A special proceeding to obtain maintenance or a distribution of marital property following a foreign judgment of divorce

What is an annulment?

An annulment seeks to retroactively declare the marriage void.

What is a divorce?

A divorce is dissolves the marriage

What is a separation?

A judicial separation determines all financial issues other than equitable distribution but does not dissolve the marriage.

What is an action to declare the nullity of a void marriage?

An action to declare the nullity of a void marriage seeks a judgment declaring the marriage void. It is not needed but it does act as proof that the void marriage is void.

What is an action to declare the nullity or validity of a foreign divorce?

When someone has a foreign divorce and there is a question if it is valid or not, they can request that a court make this determination.

What is an action to declare the nullity or validity of a marriage?

If there is a question if a marriage is valid or not, the court can make this determination.

What is a special proceeding for equitable distribution following a foreign divorce?

If the parties were divorced by a court located outside of New York, a request for equitable distribution can be made in New York. The other court must generally have determined it would not decide equitable distribution.

What is a Marital Agreement?

A marital agreement the broad term that includes stipulation of settlements. When you settle your divorce, the terms are set by you through negotiations, as opposed to letting a judge decide. In addition, a stipulation ends the case, as there no appeal is allowed following a stipulation.

What is a Matrimonial Appeal?

A matrimonial appeal is an appeal from your divorce judgment on any or all issues that was decided by the judge. Its not a second trial. It is where you ask an appeals court to review the trial judge’s decision and request that it be changed or reversed due to a mistake by the trial judge.

Contact Our Matrimonial Attorney Today

At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any matrimonial action, no matter how challenging or complex. With over 25 years of experience, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled matrimonial lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.

For a free phone case consultation or to schedule an office meeting, call 631-864-2600.

Overview

Matrimonial actions are defined by statute; the most common being divorce, annulment, and a declaration of a void marriage. For every matrimonial action all ancillary relief is available.

Divorce

Divorce is the most common matrimonial action. Grounds are no longer the primary focus, the emphasis is resolving the financial matters and custody.

Annulments

An annulment is a matrimonial action seeking to declare a valid marriage void. All ancillary relief is available. All annulment grounds are fault based, and require a higher level of proof to establish.

Void Marriages

Void marriages are those which are void from inception. An action requesting a declaratory judgment is a matrimonial action and all ancillary relief is available.

Equitable Distribution

Equitable distribution authorizes the matrimonial court to award all marital property to either spouse, without regard to title.

Maintenance

Maintenance is the support payments from one spouse to another. Since 2016 the amount is determined by a formula.

Child Support

Parents have an obligation to support their children, and the parent with residential custody will be awarded child support. The amount of support is determined by a formula.

Custody

When parents cannot decide where their children shall live and how to make decisions involving them, the court will decide custody based on the bests interests of the child.

Counsel Fees

Awards of counsel fees to the non monied spouse is available in all matrimonial actions. Awards can be made during the case and at the conclusion.

Expert Fees

Awards of expert fees to the non monied spouse is available in all matrimonial actions.

Exclusive Occupancy

The court is authorized to award exclusive occupancy to one party, giving them exclusive use and possession of a home for a set period of time during or after a matrimonial action.

Pendente Lite Motions

Pendente lite motions used when a spouse in a matrimonial action needs needs immediate court assistance on something that cannot wait until trial or a final settlement.

Same Sex Divorce

Same sex divorces present unique issues such as when the couple got married before it was recognized by law, or when couples used work arounds for their marital property.

Modification of Child Support

Child support may be modified based on a change of income, a change of circumstances, or if three years have passed since the last modification. COLA adjustments to child support orders can also be obtained.

Modification of Maintenance

Maintenance is subject to modification or early termination but the circumstances when these can occur are less common than in the past.

High Net Worth Divorce

High net worth divorces often involve non typical financial holdings that require special care in determining their disposition.

Marital Agreements

Marital agreements are contractual agreements between future, existing, or prior spouses who decide to resolve their own issues instead of letting a court decide for them.

Complex Challenges

Complex challenges in matrimonial actions can range from complex financial issues, inter-state or international issues, or procedural issues which deprived one spouse from their day in court.

Matrimonial Appeals

Matrimonial appeals requires a combination of matrimonial law and appellate law. A lack of understanding of either can prove fatal in an appeal.