Divorce and Family Law

Our attorneys understand the nuances of divorce law and are committed to finalizing divorces as quickly and discreetly as possible. When representing clients in divorce matters, our attorneys examine all aspects of your case, including, but not limited to:

• Contested and uncontested divorces
• Separation agreements
• Prenuptial and Postnuptial agreements
• Child custody rights
• Child visitation
• Child support payments
• Property division (called equitable distribution in New York)
• Spousal support (also known as alimony and spousal maintenance)
• Name changes

Whatever your divorce or family law needs, our attorneys can present sound, personalized and prudent legal counsel. Our firm is also ready and equipped to communicate with any professionals, such as forensic accountants and pension appraisers, which your case may require.

Below are examples of some of the most common types of matrimonial and family law matters that our office handles. However, our office is not limited to practicing the types of matters that are listed below.

Separation Agreements
A Separation Agreement is a written agreement by the parties to separate in anticipation of the possible and/or eventual dissolution of the marriage. Such an agreement may contain agreements on various issues regarding the marriage, including the division of property, spousal support (i.e. maintenance or alimony), child custody, and child visitation.

A Separation Agreement should be carefully considered and its terms thoughtfully and carefully drafted by an attorney, as it may be used to obtain a divorce and its terms considered valid in the future after the separation occurs. In this regard, the McHugh Law Firm, P.C. is very capable in addressing these issues and drafting an agreement which will work to protect your interests as best as possible. - Top

Child Custody and Visitation
When dealing with child custody and visitation, it is important to minimize the suffering and shock that children experience when a divorce occurs. To ensure that your divorce case or custody case goes as smoothly as possible, it is in your best interests to contact a competent and understanding attorney at the McHugh Law Firm. We can provide the experience and personal care that you need in dealing with matters related to you and your child. - Top

Child Support
In New York, child support is the responsibility of the parent who is considered the “non-custodial parent.” The “basic child support” amount is calculated by using the combined parental income and taking a percentage of that income based on the number of children.

In addition to the basic child support obligation, the non-custodial parent may be obligated to also pay his or her pro rata share of reasonable health care expenses not covered by insurance, reasonable child care expenses, and reasonable special education expenses. Exactly what constitutes “reasonable” expenses in this regard is often open to dispute. An experienced family law attorney is needed in order to advocate on your behalf. - Top

Spousal Support
In New York, one party or another in a divorce proceeding may be entitled to spousal support, also referred to as “spousal maintenance” or “alimony.” Spousal support can be one of the most difficult issues to resolve between spouses, because the support paid or received may have a significant effect on the current and future lifestyles of one or both spouses. It is important to have the advocacy of a knowledgeable attorney, and, at times, the appropriate valuation experts, in order to obtain a favorable result. The McHugh Law Firm, P.C. welcomes the opportunity to have a consultation with you to address these and other issues. - Top

Distribution of the Marital Assets
In New York, all property and assets of any kind acquired during the marriage are considered “marital property”, and are subject to equitable distribution. The term equitable distribution does not mean equal distribution. Rather, it reflects the notion that each party has a right to claim the property and assets of the marriage in an equitable manner. On the other hand, “separate property”, which is the property that each person owned before they were married, is kept separate and not subject to equitable distribution.

It is not hard to understand that where the division of property is in dispute, the advice of an attorney knowledgeable in this area, as well as the possible use of experts who know how to value such assets, can be indispensable.

Although the concept of marital property is simple in theory, it can become quite complicated in practice. Separate assets that a person owned before he or she was married are often commingled with his or her spouses assets after the marriage. This raises issues as to whether such assets remain separate property or become marital property. These issues can become very complex and the advice and guidance of an experienced attorney can be exceedingly useful in protecting assets and maximizing the chances of achieving favorable outcomes in this regard. - Top

Pre-Nuptial Agreements
A Pre-Nuptial Agreement is a written agreement between the parties to an anticipated marriage which usually sets out what will happen with money, property and any children involved should a divorce occur. The agreements normally define which property will be marital property and which property will be kept separate property. The agreements also commonly provide terms for child custody, child visitation, the amount of spousal support (if any), and a valuation of assets.

The McHugh Law Firm, PC can prepare a Pre-Nuptial Agreement which will address these issues and protect your rights to the best of our ability. Your assets and your children are two of the most important things to you (and, presumably, your spouse), and, thus, it is not inappropriate to have a written document in place that spells out how these issues will be addressed should a divorce occur. One does not have a prenuptial agreement in place because one expects that the marriage will end in divorce. Rather, the purpose of a Pre-Nuptial Agreement is that it serves as an insurance policy in the event that the marriage does end.

The main benefit of a Pre-Nuptial Agreement is that it reduces conflict and saves considerable money if a divorce ends up occurring.

Our attorneys will work with you to address all of the important issues and spell them out carefully and precisely in a Pre-Nuptial Agreement to ensure that should your marriage end in divorce, the divorce can proceed as smoothly as possible. - Top

Post-Marital Agreements
A Post-Marital Agreement is simply a written agreement addressing issues such as equitable distribution of property, spousal support (i.e. maintenance or alimony), child custody, visitation, and related issues that is reached after the marriage takes place, as opposed to before the marriage. It is valid and enforceable on the same terms as a Pre-Nuptial Agreement, as long as it agreed upon by the parties and it is not unfair or unreasonable.

The McHugh Law Firm, P.C. will work with you to ensure that all pertinent information is contained in the Post-Marital Agreement so that if a divorce later occurs, the divorce will proceed quicker and smoother. - Top

Settlement Agreements
A Settlement Agreement is simply a written agreement by the parties to resolve certain issues, in the context of an anticipated or actual dissolution of the marriage, and where the parties have agreed to resolve one or more issues (such as equitable distribution of property, spousal support, child custody, etc.) amicably and without the need for dispute.

Amicable resolution of issues is always preferable, although it is not always possible for the parties to amicably agree on all issues. In such cases, the attorneys at the McHugh Law Firm, P.C. stand ready to advocate on your behalf and negotiate (and mediate, if necessary) to help reach the best possible results for you. - Top

Divorce Litigation
A lawsuit must be brought to obtain a divorce if either the parties do not reach a settlement agreement or the parties do not enter into a separation agreement. Our firm is experienced in divorce litigation and will vigorously advocate on your behalf in court and when dealing with your spouse’s attorney. - Top

Contact us about your legal matter today!