MATRIMONIAL & FAMILY LAW
Serving the New York City Metropolitan Area, with offices in Brooklyn and Midtown Manhattan.
How We Handle Matrimonial and Family Law Cases
A family law matter often begins during a period of major personal and financial change. Clients may be dealing with the end of a marriage, uncertainty about parenting arrangements, concern about household income, or disagreement over an existing court order. The legal process should begin with a clear assessment of the immediate problem, the client’s priorities, and any deadlines that require prompt attention.
The Levitsky Law Firm works with individuals in Brooklyn, Manhattan, and throughout New York City. Our representation is centered on the facts of each case, the documents available, and the result the client is seeking. We identify the issues that require court action, the terms that may be resolved through agreement, and the preparation needed for either course.
Where Family Law Cases Are Heard
New York family matters may proceed in Supreme Court or Family Court, depending on the type of case. Supreme Court has authority over divorce proceedings and can decide the financial and child-related issues connected to the marriage. Family Court commonly hears matters involving custody, visitation, child support, spousal support, paternity, and family offenses, but it does not grant divorces.
Determining the correct court and filing method is an important early step. A petition or summons must contain the required information, and the other party generally must receive formal service. Procedural errors can delay conferences, temporary applications, and final relief. A family law attorney can prepare the filing, respond to papers from the other side, and explain what the court expects at each stage.
Preparing the Facts and Financial Record
Family cases are often decided through records created before and during the proceeding. Useful materials may include tax returns, pay statements, bank records, retirement statements, property documents, insurance information, business records, school communications, medical documents, calendars, and written exchanges between the parties. The records needed will depend on whether the dispute concerns finances, parenting, enforcement, or several connected issues.
Clients should preserve relevant material and avoid altering messages, social media posts, or electronic files. Complete information allows counsel to evaluate disputed claims, prepare accurate court papers, and respond when the other party presents a different account.
Financial disclosure is especially important in matrimonial cases. Each side may need to provide detailed information about income, expenses, assets, and liabilities. Incomplete disclosure can slow the case and lead to further requests or court intervention. Reliable figures also make settlement discussions more productive.
Temporary Issues During a Pending Case
A final decision may take time, but some matters cannot wait. A party may need temporary arrangements for parenting time, support, maintenance, payment of household expenses, use of the marital residence, or access to personal property. The court may issue interim orders that remain effective while the broader dispute is pending.
Temporary orders can influence daily life for months, so the requested terms should be practical and supported by available evidence. The court may review sworn statements, financial documents, prior arrangements, and the household’s immediate needs. Compliance remains important even when a party disagrees with the order.
Settlement, Mediation, and Court Decisions
Many family law matters resolve without a trial. Settlement allows the parties to define terms for finances, parenting schedules, decision-making, property transfers, and future communication. It may also reduce the uncertainty of asking a judge to decide disputed facts. Any agreement should be written clearly, reviewed carefully, and completed with the required formalities.
Mediation may help parties discuss disputed issues with a neutral mediator. The mediator does not represent either person or impose a result. New York courts also use conferences and other settlement procedures to help narrow disputes after a case has been filed.
Settlement is not appropriate in every matter. Court intervention may be necessary when information is withheld, urgent relief is required, one party refuses to follow existing orders, or essential terms remain disputed. A family lawyer can assess whether continued negotiation is productive or whether the case should proceed through motions, hearings, or trial.
What Clients Can Expect From the Process
The first meeting should identify the client’s immediate concerns, the history of the matter, pending court dates, and the outcome being requested. Counsel may then review documents, confirm the proper court, prepare or answer filings, and establish a plan for disclosure and negotiation. The process may include conferences, settlement discussions, document exchanges, motion practice, testimony, or a final written agreement.
Timelines vary. An uncontested matter may move more quickly when all terms are resolved and paperwork is complete. A contested case may take longer when the parties dispute financial information, parenting facts, valuation, or compliance with prior orders.
Frequently Asked Questions
Do All Family Law Cases Go to Trial?
No. Many cases are resolved through negotiation, mediation, court conferences, or a written settlement. A trial is generally required only when material issues remain disputed and the judge must decide them after hearing evidence.
Can I Use the Same Attorney as the Other Party?
One attorney cannot represent two parties whose interests may differ in the same dispute. Even when the parties agree on most terms, each person may obtain separate legal advice before signing an agreement that affects property, support, or parental rights.
Should I Wait Until I Have Every Document Before Seeking Advice?
No. Bring the records currently available, along with any court papers and upcoming deadlines. Counsel can identify additional information that should be collected. Waiting may create problems when a response, hearing, or filing date is approaching.
Can an Existing Order Be Changed?
Some orders may be modified when the governing legal standard is met. The party requesting a change generally must present facts and evidence supporting the requested relief. The existing order remains effective unless the court changes it.
What Happens if the Other Party Does Not Follow an Order?
A party may apply for enforcement and ask the court for an appropriate remedy. The available response depends on the wording of the order, the alleged violation, and the evidence showing noncompliance.
Discuss Your Family Law Matter
Family law decisions can affect housing, finances, parenting, and long-term obligations. The Levitsky Law Firm provides direct representation for clients in Brooklyn, Manhattan, and throughout New York City. To discuss the current issue, the available legal process, and the next steps for your case, contact us today.
