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Divorce

Divorce and other legal issues affecting families involve substantial legal rights, and working with an experienced Family Law Attorney Queens residents trust is essential. You should retain a law firm that handles your case with the skill and sensitivity needed to achieve the best possible outcome. Voicu & Nica P.C. is a full-service matrimonial and family law firm serving clients throughout Queens. Our experienced family lawyers in Queens NY are skilled in all aspects of family law, including negotiating and drafting prenuptial agreements, handling separation agreements, and representing clients as divorce lawyers in Queens in contested divorce and child custody disputes. We also assist clients with complex financial matters related to the equitable distribution of marital assets, ensuring your rights and interests are fully protected throughout the legal process.

 
 

High Net Worth Divorce

Individuals going through divorce with significant assets often face unique legal and financial challenges. Working with an experienced Family Law Attorney Queens residents trust is essential to properly handle complex high net worth divorce cases.

Some of the key issues that may arise include the distribution of:

  • Professional licenses or degrees (with increased earning potential)

  • Stock options, IRAs, 401(k) accounts, and pensions

  • Trusts and inherited assets

  • Real estate and other real property

  • Family businesses and professional practices

  • Closely held businesses and complex financial transactions

At Voicu & Nica Law Office, our skilled family lawyers in Queens NY and divorce lawyers in Queens provide strategic guidance in high-stakes cases. We combine a deep understanding of complex financial matters with proven experience in litigation to protect our clients’ interests and achieve the best possible outcomes throughout Queens.

Annulment

An annulment invalidates a marriage that the parties were not legally capable of entering. An experienced Family Law Attorney Queens residents trust can help determine whether your situation qualifies for an annulment under New York law and guide you through the legal process.

In New York, a marriage may be annulled in several circumstances, including:

  • If either spouse is incurably incapable of having sexual intercourse

  • If a spouse under the age of 18 seeks an annulment

  • If, after marriage, either partner becomes incurably insane for five years or more (the other spouse may be required to provide support)

  • If consent to the marriage was obtained through force, duress, or lack of understanding of the marriage

  • If consent was obtained by fraud that goes to the essence of the marriage contract

A common example of fraud involves misrepresentation about having children. For instance, if one spouse falsely claims they want children to induce the marriage, and later refuses, the marriage may be annulled based on fraud.

At Voicu & Nica Law Office, our skilled family lawyers in Queens NY, including experienced annulment lawyers in Queens and divorce lawyers in Queens, assist clients with annulment proceedings and related legal matters. A party seeking an annulment may pursue remedies similar to divorce, including maintenance, equitable distribution, and child support, with guidance from a trusted Family Law Attorney Queens serving clients throughout Queens.

 
 
 
 

 

Equitable Distribution

All marital property may be equitably distributed under New York law, and working with an experienced Family Law Attorney Queens residents trust is essential to protect your financial interests. Marital property generally includes all assets acquired by either or both spouses during the marriage, even if held in only one party’s name. It is important to understand that “equitable distribution” does not necessarily mean a 50/50 split. Instead, courts aim for a fair distribution based on specific legal factors.

Statutory Provisions for Equitable Distribution

In New York, courts consider several factors when dividing marital property, including:

  • Income and property of each party at the time of marriage and at the start of the action

  • Duration of the marriage and the age and health of both spouses

  • Needs of the custodial parent to remain in the marital residence

  • Loss of inheritance and pension rights

  • Any maintenance (spousal support) awarded

  • Contributions of each spouse, including as a homemaker or wage earner

  • Nature (liquid or non-liquid) of marital assets

  • Future financial circumstances of each party

  • Challenges in valuing businesses or professional interests

  • Tax consequences for each party

  • Wasteful dissipation of assets

  • Transfers made in anticipation of divorce

  • Any other factor the court finds just and proper

Examples of Marital Property

Common assets subject to equitable distribution include:

  • Marital home and other real estate

  • Bank accounts and investment portfolios

  • Retirement accounts, pensions, and stock options

  • Vehicles and household furnishings

  • Business interests and professional practices

  • Degrees, licenses, or certifications obtained during the marriage

Separate Property

Separate property is not subject to equitable distribution. This may include:

  • Property acquired before marriage or through inheritance or gifts

  • Compensation for personal injuries

  • Assets exchanged for separate property or appreciation of such property

  • Property defined as separate in a written agreement

At Voicu & Nica Law Office, our skilled family lawyers in Queens NY, including experienced divorce lawyers in Queens and property division lawyers in Queens, provide strategic guidance on asset division. We ensure your rights are protected and help you achieve a fair outcome with the support of a trusted Family Law Attorney Queens serving clients throughout Queens.

 
 

Maintenance Alimony

In New York, alimony is referred to as maintenance, and an experienced Family Law Attorney Queens residents trust can help you understand your rights and obligations. Maintenance may be awarded for a specific period, or in some cases, for an extended or indefinite duration depending on the circumstances. When determining maintenance, the Court considers several key factors, including the standard of living established during the marriage, the financial situation of both parties, and whether the spouse seeking maintenance has sufficient income or property to meet their reasonable needs. The Court also evaluates whether the paying spouse has the financial ability to provide support.

Maintenance may have tax implications, as it can be deductible for the paying party and taxable to the recipient, depending on applicable laws.

Statutory Factors for Maintenance

The Court considers the following factors when determining the amount and duration of maintenance:

  • Income and property of each party, including distributed marital assets

  • Length of the marriage and the age and health of both spouses

  • Present and future earning capacity of each party

  • Ability of the recipient to become self-supporting and required training or education

  • Presence of children in either party’s household

  • Tax consequences to both parties

  • Contributions of the receiving spouse as a homemaker, parent, or to the other spouse’s career

  • Wasteful dissipation of marital assets

  • Transfers made in anticipation of divorce without fair consideration

  • Any other factor the Court finds fair and relevant

At Voicu & Nica Law Office, our experienced family lawyers in Queens NY, including skilled divorce lawyers in Queens and spousal support lawyers in Queens, provide strategic guidance in maintenance cases. We work to ensure fair outcomes and protect your financial interests with the support of a trusted Family Law Attorney Queens serving clients throughout Queens.

 
 
 

Child Custody

The issue of child custody is often the most emotionally challenging part of a divorce. If you are navigating this process in Queens, a trusted Family Law Attorney Queens can help protect your rights and the best interests of your children. Under New York law, the best interest of the children is the primary standard for determining who should have primary physical custody.

There are two main types of custody: legal and physical.

Legal custody involves decision-making regarding your child’s health, education, and overall welfare. This type of custody can be granted to one parent or shared between both parents.

Physical custody determines where the child will live. One parent may have sole physical custody while the other parent has visitation or parenting time rights. In some cases, both parents may share physical custody, meaning the children will split their time between each parent according to an agreed schedule. A qualified child custody lawyer in Queens can guide you through these arrangements and ensure that your children’s well-being is the priority.

Child Support

Understanding child support is a critical part of family law. A trusted Family Law Attorney Queens can help ensure that your children receive the financial support they deserve while protecting your rights.

In New York, child support is calculated according to the Child Support Standards Act (CSSA). Generally, the court requires the non-custodial parent to pay a pro rata share of the “basic child support obligation”, unless the court determines that doing so would be unjust or inappropriate after considering the ten statutory factors.

The basic child support obligation is determined by multiplying the combined parental income by the appropriate child support percentage. Income is defined as the gross income reported (or that should have been reported) on the most recent federal income tax return, minus deductions such as Social Security and New York City or Yonkers income taxes.

The child support percentages are as follows:

  • 17% of combined parental income for one child

  • 25% for two children

  • 29% for three children

  • 31% for four children

  • At least 35% for five or more children

For combined parental incomes above $80,000 per year, the court has discretion to adjust the child support obligation for the income exceeding $80,000. A knowledgeable child support attorney in Queens can help calculate your child support accurately and advocate for a fair arrangement that meets your family’s needs.

Same Sex Divorce

Marital unhappiness and discord are not limited to heterosexual couples. Same-sex marriages can face the same challenges, including marital conflict, infidelity, or other issues that may lead to divorce. Since same-sex marriage became legal in New York on July 24, 2011, under the Marriage Equality Act, couples married in New York or elsewhere can dissolve their marriage in New York courts, provided the courts have jurisdiction over the marriage and/or marital assets. A skilled Family Law Attorney Queens can guide same-sex couples through the divorce process. Same-sex divorces are legally no different from heterosexual divorces. The issues of equitable distribution, spousal maintenance, child support, and child custody and visitation apply equally. By working with a knowledgeable same-sex divorce lawyer in Queens, you can ensure that your divorce is handled fairly, minimizing stress and protecting your rights throughout the process. Our family law services in Queens provide compassionate and professional support to all clients, regardless of sexual orientation.

Pre-nuptial

  • A pre-nuptial agreement can help prevent disputes and litigation if a marriage ends in divorce. A skilled Family Law Attorney Queens can guide couples through the process to protect their assets and clarify financial responsibilities. While prenuptial agreements were once seen as a tool primarily for high-profile or Hollywood couples, more everyday couples are now opting for these agreements to safeguard their property and financial interests.

    Advantages of a Pre-Nuptial Agreement

    Some of the key benefits of a premarital agreement include:

    • Protecting separate property and personal assets.

    • Supporting your estate plan and inheritance rights.

    • Defining what property is marital or community property.

    • Reducing conflicts and saving money in case of divorce.

    • Clarifying special agreements between spouses.

    • Establishing procedures for future decision-making and responsibilities.

    Reasons for a Pre-Nuptial Agreement

    A prenuptial agreement lawyer in Queens may advise on scenarios such as:

    • Protecting inheritance rights of children or grandchildren from prior marriages.

    • Safeguarding a business or professional practice from division or involvement by a former spouse.

    • Shielding a debt-free spouse from the financial obligations of the other spouse.

    • Ensuring compensation if one spouse sacrifices a career for the marriage.

    • Limiting the amount of spousal support one spouse may pay the other.

    • Addressing financial interests of older individuals, those entering second marriages, or those with substantial wealth.

    Reasons Against a Pre-Nuptial Agreement

    While helpful, there are potential downsides:

    • Giving up rights to inherit from your spouse’s estate.

    • Limiting claims to increased value of a spouse’s business or practice.

    • Difficulty predicting future issues and compromises.

    • Restricting lifestyle for a lower-earning spouse if spousal support is limited.

    • Emotional challenges during the “honeymoon” stage when agreeing to terms may feel unfair.

    • Potentially creating a sense of mistrust or reducing the romantic aspect of marriage.

    A knowledgeable premarital agreement attorney in Queens can help weigh the pros and cons, draft a fair agreement, and ensure that your financial and personal interests are fully protected. Our family law services in Queens provide guidance for both traditional and modern couples considering premarital agreements.

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Post-nuptial

There is a growing trend for post-nuptial agreements in New York. Like pre-nuptial agreements, a post-nuptial agreement establishes the parties’ rights, obligations, and liabilities in the event of divorce or death. The primary difference is timing: a post-nuptial agreement is executed after the parties are married. A skilled Family Law Attorney Queens can help couples draft post-nuptial agreements that protect assets and clarify financial responsibilities while maintaining fairness in the marriage. Post-nuptial agreements are particularly popular in industries such as hedge funds, where financial partnerships and high-value assets are involved. Some hedge fund firms require new partners to have a marital agreement in which a spouse waives claims against the partnership interest. This protects the firm, as partnership interests could otherwise be considered marital assets subject to equitable distribution. In many cases, a spouse agrees to waive claims against the partnership interest with the expectation that the marriage will continue, enjoying the lifestyle provided by the fund. However, if the marriage ends in divorce, the agreement may provide a generous distributive award as consideration for the waiver. A knowledgeable postnuptial agreement lawyer in Queens can guide you through this complex process, ensuring that your post-nuptial agreement is legally enforceable and aligned with your financial and personal interests. Our family law services in Queens provide expert support for both pre-nuptial and post-nuptial agreements, helping couples safeguard their assets and minimize conflict.

Separation Agreement

A New York Separation Agreement is a contract between spouses that addresses all of the issues necessary to dissolve the marriage. The agreement will address the issues of maintenance (alimony or spousal support), child custody, visitation, child support, and the division of the martial property. The agreement is an enforceable contract and may incorporated in the judgment of divorce. The separation agreement can also serve as a basis for a divorce one year after the date of the agreement. All that must be alleged and proven is that the agreement was duly executed and acknowledged; that the spouses have in fact lived apart during the period of the agreement up to the time of the divorce action; and that the Plaintiff has substantially complied with the terms of the A New York Separation Agreement is a legally binding contract between spouses that addresses all issues necessary to dissolve a marriage. A knowledgeable Family Law Attorney Queens can help couples draft a separation agreement that clearly outlines obligations and protects their rights.

The agreement typically covers:

  • Maintenance (alimony or spousal support)

  • Child custody and visitation

  • Child support

  • Division of marital property

Once properly executed, a separation agreement is an enforceable contract and can be incorporated into a judgment of divorce. It can also serve as the basis for a divorce one year after the date of the agreement. To enforce the agreement, it must be shown that:

  1. The agreement was duly executed and acknowledged.

  2. The spouses have lived apart during the period of the agreement.

  3. The plaintiff has substantially complied with the terms of the agreement.

Like all marital agreements, a separation agreement must be executed with a certain degree of formality; failure to follow these formalities can render the agreement invalid. A skilled separation agreement lawyer in Queens ensures that all legal requirements are met, providing peace of mind and minimizing disputes. Our family law services in Queens include drafting and reviewing separation agreements tailored to the unique needs of each couple. separation agreement. The separation agreement, like all marital agreements, must be executed with certain degree of formality, the absence of which will be fatal to the validity of the agreement .

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