Family & Matrimonial Law

Family Law & Father and Son

When you retain the Law Offices of Mitchell J. Devack to represent you in your divorce or other family law matter, you get a team of attorneys with collective matrimonial experience exceeding 70 years. Our attorneys will work with you to ensure we understand your unique situation. We then utilize our extensive matrimonial experience and knowledge to zealously pursue and protect your interests.

Our attorneys know the matrimonial process and provide you with clear expectations and guidance from the initial stages of the matter through its conclusion. We understand that family and matrimonial legal matters are often emotionally-charged and difficult for those involved. We will always be responsive to your questions and concerns and will ensure you are kept informed and updated as your case progresses to help minimize the challenges and stress involved.

Our attorneys have extensive experience in all aspects of matrimonial law, including:

Matrimonial Agreements

Most divorces are resolved by way of a negotiated agreement. Not only is it considerably less expensive and quicker than a trial, but you and your spouse can control your own destiny and negotiate terms that are agreeable to both of you, rather than placing your fate entirely in a judge who may know very little about you and your family. Our firm has negotiated and prepared hundreds of matrimonial agreements and can use our vast experience to help draft a favorable agreement that obtains a fair and reasonable settlement.

Trial

While most divorces are settled, some simply cannot be. If you and your spouse are unable to reach an agreement, we will thoroughly prepare your case for trial and zealously represent your interests in Court.

Equitable Distribution

Distributing marital property can be a complex process – businesses need to be valued, properties need to be appraised and potentially sold, retirement accounts need to be equalized, determinations may need to be made on whether certain property is marital property, separate property, or both. While this process can be somewhat overwhelming, our attorneys can walk you through identifying assets, determining their value, and retaining experts if necessary.

Maintenance (Alimony)

There are formulas and statutory factors that are considered when determining the amount and duration of both temporary and permanent maintenance awards. Utilizing our extensive knowledge and experience, including prior settlements and court decisions, we can show you what you can reasonably expect and help negotiate a maintenance award that is fair and reasonable.

Child Custody

Child custody focuses on one thing, and one thing only: the best interests of the child(ren). With that in mind, our attorneys can help negotiate and assist you in formulating a custody/visitation arrangement that works for both you and your spouse, but especially for your children.

Child Support

It is the responsibility of both parents to provide financial support for their children. In New York, there is a statutory formula that is used to determine how much child support you can expect to pay or receive; however, that amount may be adjusted based on a number of factors specific to your situation. Our attorneys have a thorough understanding of the formula, add-ons, and factors utilized in determining child support and can guide you accordingly.

Prenuptial/Antenuptial Agreements

Prenuptial agreements have a bad reputation for turning the marital relationship into a business matter and assuming the marriage will end in divorce before it even starts. However, they can be very effective tools to determine how certain assets are treated in the future, whether or not you ever get divorced. Our attorneys have significant experience negotiating and drafting prenuptial and antenuptial agreements and will work with you to ensure that the agreement meets your needs and expectations.

Enforcement

Most matrimonial actions don’t end with the Judgment of Divorce. Child support, maintenance, and distributive awards may be paid out over several years, or even a lifetime in some cases. Child custody and visitation, relocation, and related issues are often revisited post-divorce. Our attorneys can assist you with any of the numerous post-divorce events that could require court intervention, such as seeking court enforcement if your spouse fails to pay the ordered support or seeking a modification of a support award if you suffer a significant decrease in income through no fault of your own.

A divorce can be a very difficult time emotionally, physically, and financially. Our firm can alleviate some of that burden by helping you understand the process, negotiating a settlement on your behalf, and taking your case to trial if necessary.