Divorce & Custody

No matter how difficult or complex your situation, we strive to resolve disputes creatively and positively to lessen the toll a divorce or separation takes on your life and future.  Carton & Rosoff PC provides strong, effective assistance for divorce proceedings through litigation, collaboration, and mediation.  Our firm offers experienced, competent legal counsel is offered at affordable rates with an unwavering commitment to our clients.

Divorce and Separation

New York has become the final state to allow no-fault divorce.  Now, a New York divorce can be granted if one party swears that there has been an irretrievable breakdown of the marriage for a period of at least six months.  The parties continue to have the option of alleging and proving one of the other five grounds listed in the Domestic Relations Law:

  • Cruel and inhuman treatment
  • Adultery
  • Abandonment for at least one year, including constructive abandonment
  • Incarceration for at least three consecutive years
  • Living separate and apart pursuant to a separation agreement for at least one year

>>Read more about filing for divorce

Dissolving a marriage typically involves more than establishing grounds for divorce.  There are many decisions the couple must make together.  When they are unable to do so, a contested divorce will ensue.  This is always the most costly, time-consuming, and public of options. >> Read more about contested and uncontested divorce.

There are times when a couple chooses legal separation, rather than divorce, for personal or financial reasons.  >> Read more about legal separation in New York.

Every attorney at our firm regularly assists New York divorce and separation clients with all aspects of matrimonial law including:

Spousal Support and Maintenance

Throughout a marriage, a partner may come to rely on the other partner's financial contribution to the relationship.  To maintain this level of financial stability during separation and divorce, one party may be entitled to receive spousal support or spousal maintenance.  Support payments may be for a defined period or may last the lifetime of the recipient.  Payment amounts are set by an out-of-court settlement agreement or court order in an amount and duration appropriate to the particular circumstances.  Temporary spousal support can be ordered or mutually agreed until the completion of divorce proceedings in Supreme Court or support proceedings in Family Court.  A final support determination sets the amount to be paid, typically weekly or monthly, by one spouse to the other.  The support can be for a specific number of years or until the supported spouse becomes self-sufficient.  In some cases, spousal support can continue until the retirement of the payor spouse or the supported spouse.  Unless agreed otherwise, remarriage of the supported spouse will terminate support.  >> Read more about spousal support and maintenance.

Property Division

New York is an equitable distribution state.  This means that property must be divided fairly—not necessarily equally—between the two divorcing parties.  There are three steps in the process of dividing marital property:

  1. Defining marital property that is eligible for distribution
  2. Determining the value of the property
  3. Distributing the property

The process of properly dividing your marital assets can be a challenge.  >> Read more about property division in a divorce.

Child Custody and Visitation

Child custody determinations address physical custody (where a child lives) and legal custody (the right to make major decisions on behalf of the child such as education and health care).  Parenting time, including holidays and vacations, is a major area of concern for most parents.  If parents cannot resolve these issues through negotiation or mediation, custodial and parental access issues must be addressed in court.  >> Read more about child custody and visitation.

Child Support

Child support in New York is governed by the Child Support Standards Act (CSSA). The Act provides a formula for determining child support payments, although parents can agree to opt out of these guideline amounts:

    One child
    Two children
    Three children
    Four children
    Five or more children
    17 %
    25 %
    29 %
    31 %
    No less than 35 %

Our lawyers represent clients in child support hearings to ensure that child support awards are fair when made and complied with thereafter.  >> Read more about child support.

Helping Families Make Smooth Transitions

Established in Westchester County in 1988, Carton & Rosoff PC has extensive experience in matrimonial and family law, including divorce, separation, and related legal matters.  Our professionalism and creative approach to problem solving set us apart from the competition and set you on course for a better future.

Contact our law firm to work with a seasoned New York divorce lawyer.  With offices in White Plains and Manhattan, we serve Westchester County, Putnam County, New York County, and Bronx County.