(646) 979-3602

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FAMILY AND MATRIMONIAL

 

New York’s Most Dedicated Family Law Attorneys
When you hire the Super Lawyer rated attorneys at Santangelo & Rodriguez, P.C., to represent you, we become your personal attorneys.  We understand how personal family law matters can be, so we dedicate ourselves to you and to your needs throughout our representation of you.  We are your dedicated advocates, and will make sure your position and needs are heard and represented every step of the way.
Year after year, the founding members of Santangelo & Rodriguez, P.C., are awarded the prestigious honor of Super Lawyers of New York, because of their dedication and compassion for their clients.  Not only our clients recognize our attorneys’ dedication, but also the legal community through this honor.  We are proud that our documented winning results for our clients is recognized by all.
Santangelo & Rodriguez, P.C.,  is a New York based firm, with a dedicated practice focused on  complex legal issues ranging from premarital contracts to family disputes, child custody and visitation to contested and uncontested divorces.  Our dedicated attorneys have extensive experience in settlement negotiations, mediations, arbitrations, and litigation.  We not only ensure that you are taken care of throughout the legal process, but we also ensure that your family is set up with a long term plan that best suits all of you, for years to come.
Our attorneys understand that everyones situation is unique and, therefore, requires a unique approach. We pride ourselves in our unique representation strategies, which routinely lead to beneficial results.
Our attorneys will help you with all of your family law issues, including:
Family Law
Divorce – contested and uncontested and Same-Sex Divorce
Legal Separation
Asset Division and High Asset Divorce
Premarital contracts and Prenuptial/Postnuptial Agreements
Child Custody
Child Visitation
Child Support
Modifications/Relocations
At Santangelo & Rodriguez, P.C., we understand how it feels to be in a vulnerable position, or feel the need to put yourself in a better one.  We will be with you every step of the way, fighting for you.  Our attorneys are very highly regarded, not just by our documented great results, but also by our compassionate personalities and abilities to empathize with you and help you and your family get on a better life track.
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We are also a completely cloud based law firm, which means you can contact us in or out of the office, and we can answer your questions or concerns with the use of our smart phones.  There is no reason for us to “Call you back when we get back to our desks…” we can assist you on the go, from anywhere, at anytime. The way it should be in 2017.
Let us help you and your family get on a better life track, the one you deserve to pursue.
For more information or to speak directly with our experienced Family Law Attorneys, please call us at (646) 979-3602, or contact us by e-mail at rrodriguez@s-rlaw.com.
DIVORCE
To be divorced, you must be a “resident” of the state you are seeking to be divorced in and you must have “grounds” for divorce.
Residency requirements give a New York court the power decide your divorce case. A New York court can only decide a divorce case if at least one of the spouses is a New Yorker. In most cases, one of the spouses must have lived in New York for at least one year before trying to get a divorce.
As for having “grounds” for divorce, in New York, there are now 7 grounds for divorce:
  1. Irretrievable Breakdown or “No-Fault Divorce”: The relationship between you and your spouse has broken down irretrievably for at least six months. The court cannot give you a divorce on these grounds until after property, custody, visitation, spousal support, and child support have been settled or decided. Nolo
  1. Cruel and inhuman treatment: “Cruel and inhuman treatment” by your spouse. This means that your physical or mental health is in danger if you continue living together. However, if the abusive treatment happened more than 5 years ago, you cannot divorce for this reason if your spouse objects. Nolo
  1. Abandonment: Your spouse “abandons” you for at least a year. This means that your spouse has left you, or kicked you out, and does not intend to return. Nolo
  1. Imprisonment: If your spouse goes to jail for three or more years. However, if your spouse was released more than 5 years ago, you cannot divorce for this reason. Nolo
  1. Adultery: Your spouse commits adultery. However, this is not a reason for divorce if you do any of the following: encourage your spouse to commit adultery, forgive your spouse by having sexual relations with them after you discover the adultery, or commit adultery yourself. You also cannot divorce because of adultery if it has been more than 5 years since you discovered the adultery. You cannot testify yourself to prove adultery, so you must have a witness who can testify. Nolo
  1. Judgment of Separation: You and your spouse have not lived together because of a “Decree of Separation” or “Judgment of Separation”, given by the Court, for at least one year. You must obey all the conditions of the decree or judgment. It is unusual to have a Judgment of Separation because it requires similar proof to that needed for a divorce. Most people skip the Judgment and go directly to divorce. Nolo
  1. Separation Agreement or Conversion Divorce: You and your spouse have not lived together because of a written “Agreement of Separation” for at least one year. Both you and your spouse must sign this agreement before a notary. You must obey all the conditions of the agreement. Having a Separation Agreement in place is also important because it can be converted into an official divorce after a full year of it being effective. Basically, you change the Separation Agreement into a divorce. Even if you want a divorce on other grounds, a Separation Agreement can make a divorce easier and faster.  Nolo
The law says that property should be divided equitably. This means that the court divides the marital property as fairly as it thinks is possible. Usually the property is divided 50/50, although this does not have to happen. That is why we can assist in implementing various unique ways to make sure your interests are fully protected.
If you are served with divorce papers, call us immediately!  You usually only have 20 days to send your written response, an Answer.  We can also ask the court to make your spouse pay for a lawyer if you have less money than he or she.
Our attorneys can help you get divorced as quickly and cost-effectively as possible, while zealously protecting your interests in the custody and/or visitation of your children, as well as your interests in your property, so you can focus on starting to live the life you were always meant to live.
Same Sex Divorce
The law is clear and well established for heterosexual couples who wish to divorce in New York or New Jersey.  The court record is replete on all of the issues that can possibly come up in a heterosexual divorce.  However, divorce involving same-sex couples is new and unprecedented, and it is, therefore, hard to know what to expect.
At Santangelo & Rodriguez, P.C., we  know that you face these unique legal issues, and we can give you real, practical advice that is customized to your specific situation.
Our Matrimonial and Family Law Attorneys offer unique  practical, hands-on advice about your divorce or family issue. You will always feel in the loop and aware of all of the developments of your case.  We pride ourselves in being able to zealously advocate your interests while explaining  the entire  process to you with  all of the likely outcomes. Family Law is unlike any other law, we will help you weigh your options and make an informed decision as to which is the best avenue for you and your family to pursue.  You can rest assured that we will represent and protect your interests  from beginning to end.
Child Custody
Child Visitation
Child Support
It may feel like your world is caving in on you at the thought of losing the right to live with your children, we are here to help you understand your rights pertaining to child custody, paternity and visitation and we will fight for you every step of the way.
Our dedicated attorneys will fight for your rights while aggressively representing your interests in family court.
Child custody is determined by the court in any dispute involving custody or in the event of a divorce or separation agreement.  Unmarried parents: custody and visitation will be determined via a  stand-alone court order. Married Parents: a child custody order can be incorporated into a divorce decree.
The two types of custody are Joint or Sole Custody. Joint custody, shared custody or co-parenting, is an arrangement wherein both parents agree to both have custody of the children.
Sole custody may be ordered when one parent is unable or is unwilling to assume the responsibilities of parenting. Our attorneys will fight for your ability to keep your children under your roof.
Child custody arrangements are typically difficult to deal with emotionally and logistically. We understand that maintaining the custody of your children is your main goal; as such, it becomes our main goal too.  Our attorneys will fight for you to retain custody of your children and we will also discuss all of your options at every juncture, so you are well informed and comfortable with the matter’s course, every step of the way.
For more information or to speak directly with our experienced Family Law Attorneys, please call us at (646) 979-3602, or contact us by e-mail at rrodriguez@s-rlaw.com.  The Consultation is free.