Renee J. Albaugh Law

FAMILY COURT & MATRIMONIAL ACTIONS

No matter what attorney represents you in your Family Court or Matrimonial Action, you have certain legal rights and responsibilities.  Your attorney will provide you with a copy of your rights and responsibilities and answer any questions you have concerning them at the beginning of your attorney-client relationship. 

Family Court

In New York State, Family Court handles child Custody & Visitation, Child Abuse & Neglect, Child & Spousal support, Juvenile Delinquency, Person in Need of Supervision (PINS), Paternity, and Family Offense cases.  Most cases that Family Court hears, however, are custody and visitation cases. 

Family Court litigation is often emotionally challenging and frustrating for litigants.  At the heart of every Family Court case, the judge who hears your case must determine what is in the best interests the children who are the subject of the proceedings.  

Your attorney will discuss what custody and visitation arrangements you feel are in the best interests of your child with you.  Your attorney can help you gain access to the Court, evaluate your case, refer you to professionals who can help advance your goals, provide insight into the legal process, and negotiate throughout your case as is needed.  Additionally, your attorney can offer creative solutions and innovative tools to help you work to co-parent your children.

If you have recently separated and want to pursue custody, establish paternity, or obtain visitation with your child, you may wish to consult with an attorney.  The early stages of a custody case often dictate what county (or sometimes even State) your case will be heard in, and what contact you will have with your child pending the outcome of the case.

We understand how emotionally difficult custody proceedings can be, and we temper our Family Court practice with patience, understanding, and sage advice.

Please have the following information and documentation available to discuss with your attorney for a consultation: 

• names, dates of birth, ages, and addresses of each child effected by the case for the past six years, including the names of the individuals with whom the child resided.
• your name, address, and the names of any other people living with you.
• the names and addresses of any other people involved in your case, as well as the names and addresses of any other people with whom they reside.
• your background history, including criminal, educational, employment, and health information.
• names and addresses of any potential witnesses in your case.
• copies of all court papers, orders, letters, evaluations pertaining to your case.
• the name of the Judge presiding over your case.
• any photographs, recordings, documents, or records relevant to your case, including report cards, CPS reports, medical records, etc.
• your goals.
• your child's medical, emotional, and educational background.

Matrimonial Actions

In New York State, Supreme Court has exclusive jurisdiction over actions for divorce.  Divorce proceedings resolve issues of spousal & child support, maintenance, equitable distribution, attorneys fees, and child custody.  New York State recognizes seven causes of action for divorce.  

Before New York Supreme Court can hear your action for divorce you must meet the residency requirements.  That is, you must meet one of the following tests: 

• the parties were married in New York, and either party lived in New York for one year prior to filing;
• the parties resided in New York as husband and wife, and either party lived in New York for one year or more prior to filing;
• the cause of action occurred in New York, and either party lived in New York for one year or more prior to filing;
• the cause of action occurred in New York, and both parties live in New York at the time of filing;or
• either party has lived in New York for two years or more prior to filing. 

As is true with the dissolution of any business, assets and debts in a marriage most be protected and resolved in the divorce action.  Your matrimonial attorney will help you receive what you invested into your marriage, as well as protect your separate (non-marital) property.  As an important threshold issue, your attorney will help determine what property is marital property and what is not.  

Please have the following information and documentation available to discuss with your attorney or for a consultation: 

• names, dates of birth, ages, and addresses of each child effected by the case for the past six years, including the names of the individuals with whom the child resided.
• your name, address, and the names of any other people living with you.
• the names and addresses of any other people involved in your case, as well as the names and addresses of any other people with whom they reside.
• your background history, including criminal, educational, employment, and health information.
• names and addresses of any potential witnesses in your case.
• copies of all court papers, orders, letters, evaluations pertaining to your case.
• the name of the Judge presiding over your case.
• any photographs, recordings, documents, or records relevant to your case, including report cards, CPS reports, medical records, etc.
• your goals.
• names, addresses, account numbers, and balances for all checking, savings, credit card accounts.
• copies of three years' income tax returns.
• the date and place you were married.
• whether your marriage was civil or religious.
• information pertaining to any previous marriages for you or your spouse.
• your spouse's employment information.
• any perquisites or benefits you or your spouse receive from your employer.
• information regardings any businesses owned by you and/or your spouse.
• information regarding any real property owned by you and/or your spouse, including copies of deeds, mortgages, liens, and/or improvements.
• information about any gifts you or your spouse have received.
• information about any personal injury lawsuits pending or resolved in which you or your spouse was a plaintiff.
• the date you and your spouse physically separated, if any.
• life insurance policies you or your spouse maintain.
• you and your spouse's 401ks, retirement plans, IRAs, etc. 
• copies of any loan or credit card applications made by you or your spouse.