spar-bernstein : Family And Matrimonial Law

Do you want your divorce resolved?

Whether your Divorce is Contested or Uncontested, The Law Offices of Spar & Bernstein will help you get what you deserve. Our experienced team of attorneys assesses each individual situation and executes a strategic plan that includes negotiating, mediating and/or litigating in our clients best interests. With over 50 years of experience, Spar & Bernstein provides successful, compassionate and aggressive representation. The Firms integrity and commitment to its clients has made it one of the leaders in the legal field. Spar & Bernstein battles for our clients rights in all divorce and child custody matters. Many times a divorce that begins friendly becomes hostile. Dealing with the stressful emotions involved in divorce is a challenge for most people. The additional factors, such as child custody, spousal support and property settlement, make it overwhelming. One spouse may even relocate and become inaccessible. Spar & Bernstein promptly resolves these issues. This is our profession and we have a commitment to our clients that their legal issues be resolved.

Practice areas include:

Contested & Uncontested Divorce
Child Custody
Child Support
Child Visitation
Prenuptial and Separation Agreements
Spousal Maintenance
Equitable Distribution of Marital Property
Adoption
Orders of Protection

Spar & Bernstein provides our clients with everything they need to know about New York or New Jersey Divorce:

Uncontested Divorce: When a marriage dissolves and both parties have agreed upon all matters involving their married life, or both parties do not wish to fight over marital assets, child custody/support or spousal maintenance our attorneys finalize the legal paper work in a matter of weeks allowing each party to pursue their separate futures. Spar & Bernstein ensures our clients are able to continue their lives without any legal ramifications from their prior marriage.

Contested Divorce: When a couple decides to end their marriage, many decisions involving property, future income, and possibly children need to be made and legally finalized. Contested Divorces occur when both parties cannot come to an agreement on these matters. Frequently the most difficult areas are:

Child Custody, Visitation and Support -
Legal custody refers to the childs lifestyle. Religious, medical, and educational decisions are made by the legal custodian(s). Legal custody can be granted to one or both parents. Spar & Bernstein provides aggressive legal representation to help our clients win custody based on the courts criteria. Criteria a court may consider includes:

The child's age, sex, and mental and physical health
The parent's mental and physical health
The parent's lifestyle
Any history of child abuse
The emotional bond between the parent and child
The parent's ability to provide the child with food, shelter, clothing, and medical care
The child's regular routine
The quality of the child's education
The child's preference, if the child is above a certain age, this is usually around age 12
The ability and willingness of the parent to encourage communication and contact between the child and the other parent

Physical custody refers to where the child lives. One parent may have sole physical custody, and the other may have visitation rights. Or, both parents may have physical custody, which means the child lives with each parent half of the time.

Child Visitation: When one parent has physical custody of the child, visits between the non-custodial parent and the child occur on a schedule provided by the court.

Child Custody Evaluation: While Spar & Bernstein believes the best solution is generally mutually agreed upon by the parents in the best interests of the child, if an agreement is not reached, the court may conduct a Child Custody Evaluation. Our clients have constant support throughout the court ordered interviews, psychological exams and analysis of the children and the parents.

Spousal Maintenance

According to New York law, the court may award money to one spouse. This may be in the form of a regular payment, or in the form of a onetime payment.

Either spouse, male or female, may be entitled to spousal maintenance depending on the martial situation. Spar & Bernstein will argue in our clients best interest based on the following factors the judge will use to award the maintenance:

The length of the marriage
The conduct of the parties during the marriage
Age and health of the parties
Occupations of the parties and their incomes
Sources of income
Vocational skills and employability of the spouses
Assets and debts of the parties
Any special needs of the parties
The opportunity of the parties to acquire future income and assets

Division of Property

Rather than splitting marital property up fifty/fifty between spouses or granting all of the property to the husband as they did generations ago, courts employ Equitable Distribution in dividing marital property as a result of a divorce. Spar & Bernstein advocates on behalf of our client to provide them with the most favorable financial situation after the termination of the marriage. Some factors considered in Equitable Distribution include:

Duration of the marriage and the age and health of both parties
Need of the custodial parent to occupy the residence
Any award of maintenance issued by the court
The liquidity of the marital property
Probable future circumstances of each party
The contribution of each party to the specific property to be distributed
Tax consequences
And any other factors that are just and proper for the court to consider.

Experienced and aggressive representation by Spar & Bernstein ensures all your legal rights are protected.

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1-800-529-5465

Outside of US

1-212-227-3636

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