Matrimonial & Family Law

In general, a contested divorce is more complicated than an uncontested divorce. Our team understands that during many divorces spouses disagree with at least one aspect in the matter, including the ending of the relationship itself, the property division, child custody, or financial support. At EKG, although we have a passionate and focused litigation team, we believe that all divorces should be negotiated for settlement because oftentimes having an advocate to speak on your behalf creates a positive environment for communication that lessens the need for court intervention.

When a divorce becomes necessary, certain things like property division, child custody, and spousal support will have to be decided. Let EKG assist you through the process of drafting and implementing the terms of a marital settlement agreement. Oftentimes it can be difficult for a couple to resolve these issues on their own without assistance from an objective third party. An attorney from our team can serve as a mediator or neutral third party or can work on only your side if you and your spouse have separate attorneys. Whatever your specific needs are, you can trust that the Espinosa Kearney Law Group will work hard to make sure they are met.

During a divorce, one of the most important issues to address is how your marital property will be divided. Under New York state law, most assets, money, and property acquired during the marriage are considered equitable distribution, regardless of which party's name is on the title(s). Our team will advocate for your best interests, protect your property rights, and help you resolve any obstacles or discrepancies that may arise.

If you are going through a separation or divorce, the issue of spousal maintenance, formerly known as alimony, will most likely play a role since one spouse usually earns less money than the other. In these cases, the less monied spouse will need a way to support themselves after the breakup. Spousal maintenance is focused on enabling both spouses to live as close to the same standard of living as prior to the divorce. The spouse receiving spousal maintenance can use the money to maintain a standard of living that is similar to the status quo of the soon-to-be-former marriage, while the paying spouse is able to claim a tax deduction on the expense.

Having EKG by your side will ensure that your child support award is equitable. Whether you are a custodial or non-custodial parent or have sole legal custody or joint legal custody, child support agreements are established to protect the best interests of your child by providing adequate food, clothing, shelter, transportation, and education. Each parent in a divorce situation is responsible for providing for their child, and the New York Child Support Guidelines will determine how much your responsibility will be. Our litigation team will ensure that your parental rights are protected and that a fair child support arrangement is made.

In a child custody battle, it’s important that our team present you to the court in the best possible light, so EKG wants the court to see that you are a loving, passionate parent that puts your child’s best interest above all else. Our litigation team is also prepared to aggressively articulate, verbal or written, to the court any allegations against your ex-partner which cast doubt on their ability to parent your children. Like you, the court only cares about the safety and well-being of your children.

At EKG, we understand that seperated parents have many reasons why they want to move from the area where they were formally in a relationship together. If the custodial parent relocates, a relocation dispute can arise since it may affect custody rights and visitation. Under New York law, one parent cannot just move a child far away from the other parent without Court permission if the other parent objects. The non-moving parent can file an objection to the relocation, or the moving parent can file a motion for relocation, and a judge will schedule a hearing to determine whether a move serves the child's best interests.

Breakups can sometimes turn ugly, leaving one former partner to take revenge against the other in order to gain a financial or custodial advantage. In the case of an emergency, EKG represents individuals seeking to file emergency orders resulting from domestic violence, such as restraining orders and orders for protection. Our experienced staff and attorneys are ready to respond day or night to protect client rights and enforce standing custody, support orders, and domestic violence orders. Conversely, our team also represents individuals who are facing a domestic violence complaint or an emergency order and/or a denial of parental rights.

At EKG, we can help you determine if guardianship is necessary in your case or if there are other things you can do to help make sure your loved one stays safe. Some of the most crucial benefits provided by guardianships include: guarding against the undue influence that individuals may have over a loved one’s estate, knowing what to do in the event, and having documentation regarding specific decisions that can be made on a loved one’s behalf. Our team understands that this can sometimes be a challenging thing for families because realizing that a loved one can no longer live independently can cause lingering disputes to come to the surface. Let our empathetic and informed team help you understand some of the things you can do to minimize these conflicts and make sure that your loved one is protected.

Our team is here to identify the specific adoption route for you, as there are numerous avenues for adopting a child. Ensuring that you meet all legal eligibility criteria and fulfilling all requirements is critical to a favorable outcome. Adoptions can be complicated, whether you are dealing with a foster care agency, an open adoption, or stepparent adoption. Our experienced attorneys know the ins and outs of adoption law, and EKG is ready to lead you to a successful experience of welcoming a child into your family.