Divorce

A contested divorce may feel like a steep hill to climb, but doesn't have to with the right legal representation. At Falco & Morton Law, PLLC, we will establish a comprehensive legal strategy to achieve your goals, counsel you on the potential outcome based upon the application of the law to your unique set of circumstances, and zealously advocate to protect your rights and interests.

Overview of the NYS Domestic Relations Law

Grounds/No Fault

In 2010, New York State adopted "No-Fault" Divorce. This means that so long as one spouse alleges that the marital relationship has broken down irretrievably for a period of at least six months, he or she can obtain a divorce. Prior to "No Fault" a divorcing spouse would need to allege "grounds," for the divorce, such as cruel and inhuman treatment, adultery, or constructive abandonment.

Equitable Distribution

Equitable Distribution refers to the division of the assets and liabilities that were acquired during the marriage, regardless of title. It involves a two-step analysis. First, the assets must be identified as being "marital" or "separate." That is because only marital assets are subject to division. Then, the assets/liabilities must be divided equitably. However, equitable does not mean equal.

Maintenance

"Maintenance" (as it is referred to in Supreme Court) or "Spousal Support" (as it is referred to in Family Court), is a form of monetary support paid from one spouse to another for a determined period of time. The amount paid is determined by a statutory, computational formula. However, the Court may adjust that amount based upon certain factors. During the pendency of an Action for Divorce, the Court may award "Temporary Maintenance" to ensure that the less-monied spouse continues to have financial support. However, the monied spouse's payment of household expenses and other marital expenses should be taken into consideration when fashioning a temporary award.

Counsel Fees/Expert Fees

To level the financial playing field between spouses, the less-monied spouse is presumptively entitled to an award of counsel fees, including interim counsel fees. The Court will take into consideration the financial circumstances of the parties, including the shift in financial circumstances between the parties such as by the payment of spousal and/or child support. as well as the complexity of the divorce matters.

Similarly, a Court may direct the payment of expert fees to enable the less-monied spouse to value the assets that are subject to equitable distribution.

Custody and Visitation

Here

Child Support

Here

Jennifer

Hardest working attorney out there. Kate was amazing with my difficult divorce. I was anxious and the situation was tough. Not only did she ease my mind and calm my fears, she did exactly what she said she would do. She defended me beyond expectations. I have since referred her and she has done a great job with friends and family. Truly one of the best out there!!

Pete

Jen was super thorough in explaining the options and procedure for something that clearly I didn’t deal with everyday. Her professionalism made what could seemily be a painful experience go as smooth as possible.

Matt

I recently had the privilege of working with Kate Falco for my divorce proceedings, and I couldn't be more impressed with the outstanding service and consistent success achieved.

From our initial consultation, Kate exhibited a high level of professionalism, empathy, and expertise. She took the time to thoroughly understand my situation, listened attentively to my concerns, and provided clear guidance on the legal process ahead. Throughout the entire journey, she maintained excellent communication, keeping me informed and involved every step of the way.

Matthew

Mrs. Sunderlin has exceeded my expectations. Mrs. Sunderlin is an excellent attorney who prides herself on being thorough, practical and punctual. Mrs. Sunderlin works diligently for her clients making me feel as if I am her only client. Mrs. Sunderlin works hard for her clients. Hire Her!

Anonymous

Kate is a very professional, knowledgeable, competent, trustworthy & caring attorney. She did a fabulous job representing me during my recent divorce negotiations. She and her staff were always available if I had any questions or issues that needed to be addressed. I would highly recommend her to anyone that needs a great divorce attorney.

Jolene

Jennifer Sunderlin is a knowledgable, resourceful professional who not only got me the outcome I desired, but also kept me informed, and helped me to remain calm through this difficult time. I would highly recommend Mrs. Sunderlin for anyone, man or woman, who needs a resourceful go getter with a heart!

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258 Ushers Road, Suite 201

Clifton Park, New York 12065

(518) 406-3001

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