Rha Kim Grossman & McIlwain, LLP
Attorneys at Law
AdobeStock_189742647.jpeg

Matrimonial & Family Law

New York permits divorce on either a basis of “fault,” or “no-fault.”  Fault-based divorce cases allege cruel and inhuman treatment, abandonment for over one year, imprisonment for more than three years, or adultery.  No-fault divorce can be based on irretrievable breakdown of the marriage lasting over six months, or a separation. 

Custody. When a marriage breaks down, the care and custody of the children is typically the most important aspect of the divorce or separation.  Children need safety, stability, and nurturing, and ensuring that their needs are met is a vital part of any family law case

New  York law provides for two different types of support payments in family law cases.  Spousal maintenance is paid to a spouse to help ensure that their standard of living is preserved after a divorce, particularly when that spouse has a lower earning potential as the result of the dissolved marriage.  Child support is permitted to ensure that the expenses attendant to the raising of children are available to the custodial spouse, so that the children do not suffer as the result of having unmarried parents. 

A prenuptial agreement, literally an agreement “before marriage,” is a contract signed by both future spouses spelling out their respective rights to each other’s property.  The focus of a prenuptial agreement is usually what will happen in the event of a divorce.  The most common use of a prenuptial agreement is in cases where one or both spouses have high net worth, or children from a prior marriage, and it is used to give them peace of mind and set their expectations appropriately in case the marriage does not last. 

Child abuse investigations are started by New York’s Child Protective Services when they receive a complaint.  The complaint can be issued by anyone suspecting abuse, and certain professionals, including doctors, school officials, and social workers, are required to make a report if they suspect child abuse.  There are harsh penalties for making false reports.

 

Matrimonial & Family Law

Family law represents the legal system at its most personal. Disagreements involving marriages, parental rights, and family finances carry profound emotional weight and long-term consequences. Navigating these transitions requires balanced advocacy: an approach that combines aggressive representation inside the courtroom with discretion, empathy, and strategic foresight outside of it. 

Our attorneys guide individuals through contested and uncontested family matters across New York Supreme Court and Family Court. Whether negotiating an intricate marital property division, securing custodial access to your children, or drafting agreements to safeguard generational wealth, our goal is clear: to protect your parental and financial rights, preserve your personal dignity, and position you to move forward with stability.    

  • Dissolving a marriage involves resolving intertwined legal, financial, and emotional questions. Under New York Domestic Relations Law, spouses may pursue divorce on “no-fault” grounds—based on an irretrievable breakdown of the marriage lasting at least six months—or through traditional fault grounds (such as cruel and inhuman treatment, abandonment, imprisonment, or adultery). 

    Every divorce requires a definitive strategy tailored to the couple's circumstances: 

    • Contested Divorces: When spouses cannot agree on terms, we provide formidable litigation advocacy before the court, managing discovery, depositions, forensic financial valuations, and trial proceedings. 

    • Uncontested Divorces: When parties reach mutual agreement on all terms, we prepare, draft, and file comprehensive divorce packages efficiently, minimizing legal costs and avoiding courtroom appearances. 

    • Legal Separation Agreements: For couples seeking financial independence and physical separation without formally severing the marriage, we draft detailed separation agreements that resolve support, property, and custody issues. 

    • Equitable Distribution of Marital Assets: New York is an equitable distribution state, meaning marital property is divided fairly—though not necessarily equally. We handle the identification, valuation, and distribution of complex marital estates, including residential and commercial real estate, corporate and professional practice equity, retirement accounts, deferred compensation, and marital debt. 

  • When a family transitions, protecting the stability, well-being, and safety of the children is paramount. New York courts determine child custody based strictly on the "best interests of the child," evaluating factors such as parental fitness, primary caregiving history, home environment stability, work schedules, and each parent’s willingness to foster a relationship with the other parent. 

    We represent parents in all aspects of custody proceedings, including: 

    • Legal Custody: Determining decision-making authority over critical matters such as education, healthcare, and religious upbringing (sole vs. joint legal custody). 

    • Physical Custody and Parenting Time: Formulating structured, sustainable parenting schedules and holiday access plans that minimize conflict and prioritize the child's routine. 

    • Parental Relocation Disputes: Advocating for or contesting proposed relocations when a custodial parent seeks to move out of the area or state with the child. 

    • Post-Judgment Custody Modifications: Seeking or defending against petitions to modify existing custody arrangements based on a substantial change in circumstances. 

  • Financial security after separation is critical for both the payee and the payor. New York law provides specific statutory frameworks governing both spousal support and child support: 

    • Spousal Maintenance: Calculated under statutory guidelines (both temporary pendente lite support during litigation and post-divorce maintenance), awards consider income disparities, marital duration, age, health, and earning capacity. We ensure all sources of income are accurately calculated—including bonuses, business distributions, and perks—to secure an equitable award or defend against inflated demands. 

    • Child Support: Governed by the Child Support Standards Act (CSSA), basic child support is calculated using a statutory percentage of combined parental income, along with mandatory "add-on" expenses for unreimbursed health care, childcare, and educational costs. 

    • Financial Verification and Forensic Accounting: In high-net-worth or closely held business cases, hidden assets and underreported income can distort support determinations. We collaborate with forensic accountants to uncover the true financial picture and ensure fair determinations. 

    • Enforcement and Modification: We represent clients seeking to enforce overdue support orders through court sanctions, as well as those seeking downward or upward modifications due to genuine shifts in employment or financial circumstances. 

  • Marital agreements are practical financial planning instruments designed to establish certainty, protect pre-marital assets, and eliminate future litigation risks. They are especially critical when one or both parties bring significant assets, business holdings, real property, or children from a previous relationship into the marriage. 

    Our attorneys draft, review, and negotiate enforceable marital contracts: 

    • Prenuptial Agreements: Executed before marriage, defining property rights, asset division, and maintenance terms in the event of divorce or death. 

    • Postnuptial Agreements: Executed during the marriage to establish property rights and resolve financial matters while remaining married. 

    • Challenging and Enforcing Agreements: Under New York law, prenuptial agreements must be executed voluntarily, with fair financial disclosure, and without coercion or unconscionability. We represent clients seeking to enforce valid agreements or set aside defective ones. 

  • Family disputes often extend beyond matrimonial actions into specialized Family Court proceedings that require urgent, sensitive legal intervention: 

    • Orders of Protection: In cases involving domestic violence, stalking, or harassment, we act quickly to secure Family Court orders of protection to ensure client safety, while also defending against retaliatory or baseless petitions designed to gain leverage in divorce or custody disputes. 

    • Child Protective Services (CPS) Investigations: An investigation by New York City’s Administration for Children’s Services (ACS) or county CPS carries extraordinary stakes. Agencies must initiate investigations within 24 hours of a report, and unsubstantiated allegations can threaten parental rights or lead to emergency removals. 

    • Defending Parental Rights in CPS Actions: We intervene immediately when a family is contacted by caseworkers. Our attorneys manage communications, prepare clients for interviews, defend against indicated findings, and represent parents in Article 10 abuse or neglect proceedings to preserve family integrity and protect parental rights. 

Compassionate Counsel. Formidable Courtroom Advocacy. 

Family transitions demand legal guidance that is clear, steady, and focused on your long-term security. Whether negotiating an amicable agreement or trying a complex custody or financial dispute in court, our firm delivers the dedicated representation you need to protect your family and your future. 

Contact our office to schedule a confidential consultation to review your matter.