Although New York is now (finally) a “No Fault” divorce state, divorce can still be an emotionally and financially draining time for many people. We pursue successful and enduring outcomes that clients can be satisfied with – now and in years to come.
At Hopkins & Kopilow, we provide attentive and responsive legal services to our family law clients. We keep in constant contact with our clients, so that they always know about developments in their case. This personal service and communication is absolutely critical in family law matters. Clients are often in stressful and tenuous situations. Through our representation, we strive to minimize the stress and work toward favorable outcomes.
We offer a full range of family law services, generally focused on divorce and the issues that arise during divorce proceedings. We are vigorous client advocates, working diligently to obtain our clients’ goals. We address issues such as:
Property division (equitable distribution), maintenance, child support and child custody are generally the issues divorce clients are most concerned about. During divorce proceedings, important decisions will be made about your future and the future of your children. At Hopkins & Kopilow, we provide attentive and responsive service as we address your needs.
In many divorce cases, we are able to reach a settlement outside of the courtroom. However, if it is in the best interest of our client, we take cases to trial. Throughout the process, we communicate regularly with clients. We maintain open lines of communication, informing clients of the developments in their case. Additionally, our firm offers a stabilizing influence — we encourage clients to make sound decisions in an effort to avoid regrets years later.
Equitable Distribution: In New York, marital property is divided based on the legal concept of equitable distribution. This does not mean all property, assets, and debts will be divided 50-50. Generally, anything that is accumulated from the date of marriage to the date a summons is served is marital property and will be divided fairly, although not necessarily equally. When we represent you in a divorce, we look out for your economic interests and protect what you have worked so hard to acquire.
Child Custody and Visitation: Your settlement agreement will provide directives for where your children will live, who will make decisions about your children, and the visitation arrangements for the non-custodial parent. Physical and legal custody will be determined by looking at factors such as your child’s current living environment, the income of each parent, and the stability of each parent. Physical custody refers to where your child will live; legal custody refers to who will make the decisions about your children’s health care, religion, school, and other matters. Visitation or parenting time is of great importance to the non-custodial parent and can take many forms and is always customized to the particular needs of the individual parent and the individual child.
Child support: Child support is designed to provide for the needs of the children. Child support payments are determined based upon nationally mandated guidelines that consider the income of both parents.
Temporary and Permanent Maintenance: New York now has a statute which provides strong guidelines for how much you will pay or receive in temporary maintenance (maintenance paid while the divorce is pending in the court). But, there are exceptions that need to be considered to customize the award to your situation.
Modifications of divorce decrees: The need for modification arises when a material change in circumstances occurs. This applies to issues such as child support, maintenance (alimony), and child custody. For example, modification may be necessary if one parent obtains a higher paying job or if one parent wishes to move out of state with the children.
Spousal support: Maintenance is awarded to the dependent spouse. The award will be based upon factors such as the marital standard of living, the health of both parties, the earning capacity of each party, and the ability of each party to be self-supporting.
