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Matrimonial & Family Law

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Matrimonial & Family Law

Divorce, custody, child support, and spousal maintenance are some of the hardest legal issues a family can face. These matters can affect your home, your finances, your children, and your future all at once. It is normal to feel vulnerable, angry, afraid, or uncertain about what comes next. At The Kearney Law Group, our job is to help turn that uncertainty into forward progress. We explain your options in plain terms, protect your rights, and help you make clear, informed decisions at every stage of the process. When a case belongs in court, we are prepared to advocate strongly on your behalf. When settlement is possible, we work to reduce conflict and reach practical solutions that let you move forward. Either way, you can expect patience, respect, and genuine care during one of the hardest chapters of your life.

Our matrimonial & family law attorneys represent the best interests of children, mothers and fathers in a variety of areas of the law including:

A prenuptial or postnuptial agreement allows a couple to decide in advance how assets, debts, and financial responsibilities will be handled if the marriage ends. These agreements are not only for wealthy families. They can help any couple create clarity, protect separate property, and reduce uncertainty before problems arise. A well-drafted agreement can also help protect each spouse from being held responsible for the other spouse’s debts. Our team drafts and negotiates prenuptial and postnuptial agreements with care, detail, and foresight, with the goal of creating clear and durable agreements for the future.

In an uncontested divorce, both spouses agree on the major issues. In a contested divorce, they disagree about one or more issues, such as property, custody, support, or the divorce itself. A contested divorce is usually more involved, but disagreement does not always have to lead to a long courtroom battle. Many divorce matters can still be resolved through negotiation, settlement discussions, or mediation. Having an advocate speak on your behalf can often make communication more focused and productive. We help you understand the process, identify the issues that need to be resolved, and pursue the path that fits your situation. When settlement is possible, we work toward resolution. When litigation is necessary, we are prepared to fight for you.

Divorce often requires decisions about property, parenting time, child support, and spousal maintenance. These decisions can be difficult to make when emotions are high or communication has broken down. Mediation and settlement discussions can help resolve these issues without leaving every decision to a judge. In some cases, one of our attorneys may serve as a neutral mediator for both parties. In other cases, we represent only your interests while your spouse has separate counsel. Our goal is to help you reach a clear, workable agreement that protects what matters to you and avoids unnecessary conflict whenever possible.

When a marriage ends, marital property must be identified, valued, and divided. This usually includes assets, money, and debts acquired during the marriage, even if only one spouse’s name is on the account, deed, or title. New York follows equitable distribution, which means property is divided fairly, but not always equally. This is one of the most common points of confusion in divorce, and it is often where careful negotiation matters most. We help you understand what may count as marital property, what may remain separate property, and how to protect your financial interests throughout the process.

Spousal maintenance, formerly known as alimony, may come into play when one spouse earns significantly less than the other or needs financial support during or after a divorce. The purpose is to help address the financial imbalance between spouses as both parties adjust to life apart. The amount and duration of maintenance can depend on each spouse’s income, the length of the marriage, and the overall financial circumstances of the case. Maintenance can also involve tax considerations, and federal and New York rules may differ. Whether you expect to receive support or may be asked to pay it, we will give you a clear assessment of where you stand and advocate for a fair result.

Child support helps cover a child’s core needs, including food, clothing, housing, transportation, education, health care, and other necessary expenses. Both parents share the responsibility of providing for their child. In New York, child support is generally calculated under the Child Support Standards Act, also known as the CSSA. The court may also consider additional expenses, such as child care, health insurance, medical costs, and other child-related needs. We walk you through how the numbers are reached, review the calculations carefully, and work toward a support arrangement that is fair to you and genuinely serves your child’s well-being.

Custody decisions are based on one central question: what is in the best interests of the child. Courts may look at each parent’s ability to provide stability, safety, emotional support, and day-to-day care. Our role is to help the court understand who you are as a parent and the role you play in your child’s life. When there are legitimate concerns about the other parent’s conduct, safety, or fitness, we raise those concerns in an organized and credible way. Our approach is child-centered and practical. We focus on protecting your relationship with your child while avoiding unnecessary conflict that can distract from the child’s best interests.

Separated parents may need to move for many reasons, including work, family support, housing, or a fresh start. When one parent wants to relocate with a child and the move would affect the other parent’s custody or visitation rights, a dispute may arise. In New York, a parent may need either an agreement or court permission before relocating with a child in a way that interferes with the other parent’s rights. If one parent objects, the court may hold a hearing and decide whether the move is in the child’s best interests. We represent parents seeking to relocate as well as parents objecting to a proposed move. In either situation, we present your position clearly and advocate for your relationship with your child.

When a relationship involves threats, harassment, violence, or intimidation, legal protection may be needed quickly. Through Family Court, a person may seek an order of protection, often called a restraining order, to limit contact, communication, and harmful behavior. In emergency situations, the court may issue temporary protection quickly. Our attorneys and staff are prepared to act promptly to help protect your safety and enforce existing custody, support, and protective orders. We also represent people responding to family offense allegations or emergency orders. These cases can have serious consequences, and everyone deserves to have their side heard fairly.

Guardianship of a minor may be appropriate when a child needs to be cared for by someone other than a parent. This may happen because of a parent’s illness, absence, inability to provide care, or as part of a plan for the child’s future. A guardian may be given legal authority to care for the child and make important decisions on the child’s behalf. Guardianship can be temporary or long-term depending on the child’s needs and the family’s circumstances. We help families determine whether guardianship is the right step and, when appropriate, guide them through the process of protecting the child’s stability and well-being.

Adoption creates a permanent legal parent-child relationship. It is one of the most meaningful steps a family can take, but it also involves specific legal requirements that must be handled carefully. Depending on your circumstances, adoption may involve a foster care agency, a private adoption, an open adoption, a stepparent adoption, or another legal path. Each route has its own paperwork, procedures, and court requirements. We guide families through the adoption process step by step, with the goal of helping them legally welcome a child into their family.

Special Immigrant Juvenile Status, often called SIJS, may be available to certain young people who have been abused, abandoned, or neglected by one or both parents. For a child who qualifies, SIJS may create a path toward lawful permanent residence, commonly known as a green card. SIJS usually involves two major steps: first, obtaining the required findings from a New York state court, and then applying through the federal immigration system. Eligibility, approval, timing, and work authorization depend on federal immigration rules and visa availability. We handle these matters with care and attention to detail, helping families and young people gather what is needed and take the appropriate legal steps for the child’s future.

Why C.Kearney Law?

01.

Practical Legal Experience

02.

Client-Focused Approach

03.

Strong Representation

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