Matrimonial Law - Divorce & Separation
Buffalo ∙ Rochester ∙ Divorce Lawyer ∙ Seperation Lawyer
Mark E. Lewis has practiced matrimonial law for many years now. I have handled hundred's of divorce cases. Divorce cases can be divided into two categories, simple "uncontested divorce" and "contested divorce". Uncontested divorce simply means that the parties are not contesting the essential issues of the case. The parties have worked out their differences by agreeing to an equitable or fair division of property and do not need a Judge to decide which party gets what property. Uncontested divorces are sometimes also referred too as "simple divorce". It is simple because all the paperwork can be handled through the mail. That's right!! neither party has to go to court and the entire divorce paperwork can be handled through the mail. Each party has to cooperate and sign the necessary paperwork, and I will take care of the rest.
Contested divorce means that the parties are not in agreement and can not come to terms on the essential aspects of their case. For example, the parties can not agree on equitable distribution of the house, savings, retirement account(s), alimony or child support. Then the case would have to go to court and a Judge may have to make a decision (based on the equities of the case) as to who receives what property or a fair distribution of the property. Once the case is noticed to go to court, the matter is first heard by the "expediated matrimonial term" of the divorce court. The purpose of this court is to try to mediate a settlement of any disputes and have the parties agree to an equitable (fair) property split. If the parties can not agree, then the matter is placed for a trial. It is my experience that many (if not most) of the cases that go to "expediated matrimonial term" are settled and an agreement reached between the parties.
Uncontested divorce's fees start at $700 plus court costs and any process service fees. Court costs generally run about $340. If there is property involved and children, the fee increases from the base fee. Contested divorces are bill on an hourly rate. Call Mark Lewis for details today.
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In the context of divorce proceedings, the parties’ marital property is equitably distributed. Case Law and Statutory Law define what constitutes marital property and how to value it. As a general rule, property acquired during the marriage is considered marital property, subject to distribution. This includes pensions, deferred income and IRAs, business interests and advanced educational degrees. Only Supreme Court, not Family Court, can order the distribution of marital property.
I welcome you to contact me either by phone or email today to learn more about the divorce process. I have handled many cases and know the ins and outs of a divorce case. My rates are very reasonable and we do accept payment plans along with credit and debit cards. New York State has finally instituted a "no fault" divorce that allows couples to divorce on the grounds of "Irretrievable Differences". Or you may just want a separation agreement and live separate and apart while you consider your options and have not decided that divorce is imminent. I am here to answer your questions, so call to learn more.
FAMILY LAW:
I have also handled many family court cases, from Custody to Child Support. Call me if you want to file a petition in Family Court, or have a case pending or need an attorney to fight a petition filed against you. I know Family Court law and have extensive experience and knowledge of the family court proceedings. Call me if your ex-spouse is not paying child support or alimony, call me if you get served with a family court petition for change of custody or visitation or violation of court order. I can assist you in the process and obtain a favorable result. Protect your rights and call me.
Call today for more details.