- DivorceThe decision to file for divorce is one that should be made with great care. If you have found your way here it is likely that you have already decided that divorce is your only course of action. If this is the case, the next question that arises is what is the best way to go about it. The best way to go about is dependent on the current state of your relationship with your spouse. If the state of the relationship is amicable, then you may be able to file an Uncontested Divorce. If the state of the relationship is uncivil, a Contested divorce is probably the only possibility.
- Child SupportWhen you have had a child out of wedlock and the father was not present to acknowledge paternity at the hospital, a paternity petition is required to be filed in the Family Court to establish parental rights for the father. If the mother wants child support from the father, paternity needs to be established before a child support order can be issued. Sometimes the County brings a paternity petition on behalf of the mother, when the mother is receiving public assistance, to obtain child support from the father. The County may also seek money from the father to pay for his share of the birth, if the mothers birth costs were paid by Medicaid.
- Child Custody and VisitationIt is important for parents that have a child out of wedlock to establish Custody. If the parents cannot agree, the Court will decide who gets custody based on what is in the "best interest of the child". There are three basic forms of custody for parents to choose from under NY Law.
- AdoptionSometimes when one biological parent gets married (or remarried), it is in the child's best interest for the new spouse to adopt the child by doing a Stepparent Adoption. Often times the other biological parent has had little involvement in the child's life, and does not pay child support (or is in arrears). In the typical step-parent adoption case, the step-parent is eager to take responsibility for parenting the child, and the uninvolved biological parent is eager to shed responsibility for the child. Some stepparent adoptions, however, result in contested litigation because the uninvolved biological parent does not wish to relinquish his or her parental rights.
- Paternity
- Guardianship
- Spousal SupportAn Uncontested divorce is where the parties agree that a divorce should take place and the terms of the divorce have been discussed in enough detail to allow an agreement to be drafted that resolves all of the issues of the marriage. This means that the parties have come to an agreement on maintenance (formerly called alimony), and the division of marital assets and marrital debts, in a manner that is mutually satisfactory to both parties. If there were children born of the marriage, it also means that the parties have reached an agreement on custody, visitation and child support. Usually No Fault is agreed upon for grounds. For more information about an uncontested divorce, please visit my Uncontested Divorce website.
- Child AbuseChild Abuse Petitions under Article 10 of the Family Court Act are sometimes brought by the Departement of Social Services against parents that are acused of Child Abuse. The charges may lead to a termination of parental rights, and may cause separate criminal charges to be brought by the District Attorney. A non-abusing parent often faces Neglect, for failing to take the necessary steps to protect the child from the abusing parent.
- Criminal Defense
- DUI/DWIIf you have been been arrested for Driving While Intoxicated in New York State it is important that you hire an experienced criminal lawyer to represent you. This is important because the list of penalties associated with a DWI conviction has continued to grow. Most recently, new DMV Regulations have been instituted for multiple DWI offenders that for some will result in a Lifetime Revocation of their driver's license. Any Revocation triggers a "Lifetime Review" of your driving record upon re-aplication to restore your driving privileges. Other changes in penalties have occurred, including the requirement of first time DWI offenders to install an Ignition Interlock Device (IID) at their own expense. DWI law in NY has become seriously complicated and very punitive in nature over the years ( See more detailed information about DWI).
- Wrongful DeathWrongful death is a cause of action brought by family members against a negligent party for causing the death of a loved one. The purpose of a wrongful death case is to compensate the survivors for their loss. Compensation includes sorrow and mental anguish, loss of income, loss of protection, care, and assistance, and the expenses for the care, treatment, and hospitalization of the loved one that died.
- Traffic ViolationsTraffic violations should not be taken lightly. The most common mistake that people make is to simply plead guilty and pay the fine. Pleading not guilty to traffic tickets is NY is important because the NYS Driver Point System keeps track of driver convictions for vehicle and traffic violations over an eighteen (18) month period. The following list states the amount of points associated with each conviction. Being charged with a vehicle and traffic violation does not count toward a drivers total points so it is important to hire a lawyer and fight the ticket so that your ticket has a better chance of getting dismissed or reduced to a non-moving violation that does not have points associated with it.
- Sex CrimesIf you have been arrested in Western New York (WNY) for Driving While Intoxicated (DWI), Drug Offenses, Assault, Grand Larceny (theft), Burglary, Shoplifting, Possession of Stolen Property, Robbery, Fraud, Sex Offenses (SORA), Harassment, Endangering the Welfare of a Child, Menacing, Hazing, Stalking, Prostitution, Reckless Endangerment, Criminal Trespass, Criminal Mischief, Forgery, Obstruction of Governmental Administration, Violations of Probation, and other offenses, please contact me to discuss your case.
- Robbery
- Burglary
- Theft
- Drug Crimes
- Assault
- Shoplifting
- Forgery
- Prostitution
- Corporate Law
- Business FormationSmall businesses face a minefield of obstacles for which they require legal services. Business clients often seek legal advice after they are presented with a problem and wish they had consulted with a lawyer sooner. It is important to build a solid foundation to support your business as it grows, and avoid potential pitfalls before they arise. Whether you seek advice on business formation, planning, or a dispute, I can help.
- Business Disputes
- Landlord-Tenant DisputesGenerally you have the right to evict a tenant in NY when one of the following things has occurred pursuant to Landlord Tenant Law in NY...
- Property Damage
- Personal InjuryIf you or a family member have been injured or killed because of a construction accident, auto accident, motorcycle accident, boating accident, pedestrian accident, slip and fall, or any other accident, you may be entitled to compensation.
- Auto Accidents
- Slip and Fall InjuryWhen a slip and fall injury occurs because of a dangerous condition on the property of another the property owner or business may be legally responsible. Property owners have a duty to keep their property safe and are responsible for injuries that occur because of known dangerous conditions on their property.
- Estate PlanningAlthough it is often difficult to contemplate your own death, or incapacity it is important to plan if you want to minimize the stress on family members. If you are ready to do some estate planning so your property can be disposed of according to your plan after death, or want to plan for any physical or mental incapacity that might arise with old age, you are not alone.
- Wills5) Will Contests - Contesting a will because you believe that the decedents will does not represent his or her wishes.
- Power of Attorney
- Probate
- BankruptcyChapter 7 bankruptcy is a liquidation proceeding designed for those experiencing financial difficulty that do not have the ability to pay their existing debts. The debtor turns over all non-exempt property to the bankruptcy trustee who then converts it to cash for distribution to the creditors. In the vast majority of cases the debtor keeps all of his property because the debtor has no non-exempt assets for the trustee to distribute. This is called a "no asset case". In about four months the debtor receives a "discharge" of all dischargeable debts, providing the debtor with a "fresh start". Although there have been predictions of gloom and doom regarding the new law, Chapter 7 remains a viable option for most individuals that seek it.
- ForeclosureIf you are here, then you are probably struggling with debt, or are facing foreclosure, and are looking to learn all about bankruptcy. Bankruptcy could be the answer to your problems, or at least some of them. Don't be afraid to explore your options. You can discharge your debt and stop creditor harassment and be on your way to getting a fresh start. Over the years, I have helped many Western New Your residents, keep their homes, keep their cars, stop lawsuits, stop garnishments, stop harassment, unfreeze bank accounts, and discharge debt by filing for bankruptcy. Filing for bankruptcy allows you discharge and get rid of your credit card debt, medical bills, personal loans, payday loans, and sometimes even income tax debt. Generally individuals file either a Chapter 7 or Chapter 13 Bankruptcy, however, sometimes Chapter 11 is necessary.
- Tax LawChoosing what type of business entity to form when you start your business can be a difficult decision. You must take into account potential liability and tax issues. The most common form of business structure, is the Sole Proprietorship but the business owner is personally liable for all liabilities incurred by the business and may prove to be too risky. The following is a list of business types that can be formed in New York. Each of these entities serves a particular purpose and have varying degrees of legal liabilities and tax consequences for the business owner.