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Divorce and Family Court Proceedings

Divorce cases and Family Court proceedings are especially difficult for litigants and their families. Few things in life are more stressful than the prospect of a shift in your family’s structure due to a pending divorce and/or child custody case. Such matters impact not only you but those you care about the most. During such stressful and confusing times, it is essential that you obtain sound legal advice from a legal practitioner that is both experienced and understanding.

Over the course of his career, Attorney Millman has handled numerous divorce actions on behalf of both husbands and wives, many of which have involved contentious child custody/child support disputes and/or pending, related cases in Family Court. He possesses the knowledge to assist clients in pursuing the most appropriate legal strategy to reach their goals. He is experienced, dependable and committed to his clients, making him the attorney you want advocating on your behalf in such matters.

He’s prepared to assist you to address divorce and related legal issues, including property division, child custody and child support. 

Property Division 

Dividing property can be one of the most contentious issues during a divorce. You and your spouse both want to walk away with a fair share of your marital property, but reaching an agreement is often easier said than done. If you and your spouse cannot agree on a division of marital property, the issue will ultimately have to be decided by a Judge.

New York is an equitable division state, meaning the court will divide marital property in a way that it deems equitable, or fair. It is important to understand that "equitable" division does not necessarily mean "equal" division. The court does not have to divide your marital property into an even 50-50 split. Rather, it will consider a variety of factors to determine the fairest distribution of property. 

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Child Custody 

The state of New York recognizes two general types of child custody: physical custody and legal custody. Physical Custody refers to the parent that the child primarily lives with. Legal Custody, on the other hand, concerns the right to make educational, medical, religious, and legal decisions on the child's behalf. If the issue of child custody is not worked out between the parties, the Judge will ultimately decide the issue based upon one standard - the best interests of the child. With very few exceptions, the non-custodial parent will be entitled to visitation under terms that are either agreed upon by the parties or, if necessary, imposed by the Court.

Child Support 

A custodial parent is typically entitled to child support and, with some exceptions, the amount of support is determined through the application of a statutory formula involving the income of the parents and several additional factors. The child support amount is typically broken down into monthly payments which usually do not include certain "add-on" expenses such as after-school childcare and extra-curricular activities.

Child support can be a major source of animosity between two parents. If you have concerns about child support issues - whether as a payor or payee - it is important to have sound, reliable legal advice to protect your rights and those of your child.

Call attorney Daniel Millman to discuss your concerns - he can help you pursue the outcome you and your child deserve. He has spent many years helping clients and their families work through some of their most difficult moments and will help you prepare for the legal issues at hand and protect that which is most important to you.