Every county in New York State has a Supreme Court with the authority to decide civil and criminal disputes arising under New York State law. A “divorce” or “matrimonial” is a civil proceeding between spouses that can only be commenced in Supreme Court, and not in the Family Court. Therefore, if a spouse is contemplating a divorce or separation and wishes to obtain a court order dividing up marital property, a proceeding must be commenced in the Supreme Court. Frequently, clients will have proceedings in Family Court and Supreme Court, so it is advantageous to hire an attorney that is experienced in both arenas.
Ideally, spouses will have the benefit of a pre-nuptial agreement to dictate the division of assets and support upon the dissolution of a marriage. The attorneys at Diaz & Moskowitz, PLLC are experienced at counseling clients at all stages of a matrimonial proceeding, from the protection of a pre-nuptial agreement to the artful drafting of a stipulation of settlement resolving a divorce proceeding to the skillful cross-examination of the opposing parties during a matrimonial trial. Our attorneys give advice our client’s need to achieve the outcome they want.
The Family Court is in every New York State county to decide legal disputes arising under the New York State Family Court Act involving child custody, guardianship, visitation, child support, spousal support, paternity, orders of protection, person in need of supervision, juvenile delinquent, child abuse and neglect proceedings. Family Court is a court of limited jurisdiction because it can only decide legal issues contained in the Family Court Act. The attorneys at Diaz & Moskowitz, PLLC are experienced at counseling clients regarding matters in Family Court which include uncomfortable topics and client confidentiality is always the number one priority. Our attorneys know how to present a Family Court case to the Judge in the most favorable way possible to achieve each client’s goals. An inexperienced attorney can easily ruin the best Family Court case if the facts of the case are not presented in a persuasive and convincing manner.
The attorneys at Diaz & Moskowitz, PLLC are experienced litigators skilled at helping every client navigate the complexities of Family Court litigation. We know the right questions to ask to get the answers our clients are seeking. As a service to our clients, we will frequently represent clients seeking to amend an indicated finding by Child Protective Services through the fair hearing process. However, it is important that an individual that receives notice of an indicated finding quickly consults with an attorney to give the proper notice that a fair hearing is being requested. The attorneys at Diaz & Moskowitz, PLLC., are there to assist each client through this administrative process.
A party to a legal action who is unsatisfied with a judicial decision or order and believes a legal error may have been committed can file a Notice of Appeal requesting that the Appellate Division review and overturn the judicial decision or order.
It is important that a party quickly decide whether to pursue an appeal.
A Notice of Appeal from a New York decision or order must be filed within thirty days of being personally served with the decision or order with written notice of entry plus an additional five days if served by mail. The attorneys at Diaz & Moskowitz, PLLC can be trusted to give each client an honest assessment of the possible outcomes of pursuing an appeal.