Frequently Asked Questions: Family Law

Garden City Family Attorneys

Dealing with divorce or another family court issue is stressful and emotional, and many people are unsure of their options and rights. Our team at Jonathan E. Edwards P.C. provides the Long Island community with caring and effective representation in all types of family law cases, and we can serve you and your loved ones with legal excellence.

To discuss your unique circumstances today, call one of our knowledgeable Garden City family lawyers.

What can I do if my former partner is not honoring the court order?
The family judge's ruling is legally binding, and if your former spouse has violated the terms of your order, you can seek to have the court enforce your rights. If your spouse has broken the terms of your divorce settlement or the terms of your child support, spousal support, custody, or visitation order, do not wait to contact a skilled family lawyer who can assist you in petitioning the court to take action.

Are mothers given preference over fathers when determining custody?
The family court's main concern is the wellbeing of a couple's children, and during custody proceedings the mother will not be given special preference over the father. The judge will consider a number of different factors, including the children's health and ages, their education, the health of each parent, the parents' work situations and daily schedules, and even the children's preference. If you are in the midst of custody battle, it is important to enlist experienced legal advocacy for your case!

How is separation different from divorce?
Legal separation allows a couple to live separately while maintaining various privileges of their marital status, such as jointly filing taxes and keeping health insurance coverage. Unlike divorce, the couple's marriage stays legally intact, but they are given time and space apart to think through their issues and decide if they truly want to end their marriage. If the couple decides they do want to divorce, their separation agreement can be easily made into a divorce settlement. There are certain legal implications, however, so it is best to first discuss your situation with a divorce attorney.

How does the court determine a spousal support award?
Depending on the couple's circumstances, the judge may order spousal support to be paid as part of the divorce settlement. Spousal support involves one spouse making monthly payments to the other, and the order may be temporary, permanent, or meant to fulfill a specific purpose. The judge will consider a number of factors when deciding whether to order spousal support, including the following:

• The health and age of each spouse
• The needs of each spouse, including any existing financial obligations
• The standard of living the spouses enjoyed during their marriage
• The abilities of the spouses to support themselves

Do I have any rights as a grandparent?
Unfortunately, in some cases a parent may prevent a child from seeing their grandparents, often in situations where the parents' relationship ended badly or when the parent and grandparents did not get along well. Regardless of the circumstances, the court recognizes the important and precious role a grandparent plays in their grandchild's life. As a grandparent, you have the right to petition the court for visitation with your grandchild, and if you are granted visitation and the child's parent violates this order, you can take legal action to ensure you receive proper time with your grandkids. Contact our team to learn how an attorney can help you file for visitation with the family court.

Is there any way to have the court order changed?
It is very common for one party's circumstances to change drastically months or years after the court order is made, and in such cases modification is needed. Your lawyer can assist in you filing for a modification of your court order, and the judge may consider modifying the terms of your divorce, custody, visitation, or support agreement if there has been a significant change in your life that makes it difficult to abide by the terms of the agreement.

What is marital property?
One of the matters that must be addressed during divorce is that of property division. Perhaps the most significant issue involved in property division is that of marital property, which is property obtained during the marriage. There are a few exceptions as to what qualifies as marital property, but in general assets obtained during the union are divided equally between the couple. Our firm can help you determine which assets qualify as marital property and advocate for your interests during negotiations.

Contact Jonathan E. Edwards P.C.!

Our Garden City family attorneys understand the difficulties our clients face when going through court proceedings against their family members, which is why we provide each client with the caring, knowledgeable, and relentless representation they need and deserve. The outcome of your case could have great impact upon your relationships, finances, and day to day life; you should be confident your legal counsel has the skill and experience needed to effectively advocate on your behalf.

To learn more about your legal options, contact the firm today!