Divorce, custody and support, handled with care
Divorce and family disputes affect where your children live, how your household is supported and what you keep when a marriage ends. Usher Law Group represents people in contested divorces and in custody, visitation and child support cases, whether the matter settles or has to be decided by a judge.
We meet clients at our office at 1600 Sheepshead Bay Road in Brooklyn, and we work in English, Russian and Spanish.
Matters we handle
- Contested divorce: cases where spouses disagree about property, debts, support, custody or the divorce itself.
- Child custody and visitation: initial orders, parenting schedules, modifications and enforcement.
- Child support: establishing, modifying and enforcing support orders.
- Spousal support (maintenance): temporary and post-divorce maintenance as part of a divorce case.
- Marital agreements: prenuptial, postnuptial and settlement agreements.
Which court handles your case
In New York, a divorce is filed in the Supreme Court, which can also decide custody, child support, maintenance and the division of property as part of the divorce. Custody, visitation and child support cases between parents who are not getting divorced, or who are already divorced, are often brought in Family Court by filing a petition.
New York law allows a divorce when the marriage has broken down irretrievably for at least six months, but residency requirements must be met first, and the financial and parenting issues still have to be resolved by agreement or by the court. New Jersey family matters are heard in the Family Part of the Superior Court and follow New Jersey's own rules, which differ from New York's.
How we help
- Review your situation and explain the realistic options, including whether settlement is possible.
- Prepare and file the petition or divorce papers and arrange proper service on the other party.
- Gather financial records, prepare the sworn financial disclosures the court requires and request documents from the other side.
- Negotiate agreements on custody, support and property, and put them in writing in a form the court will accept.
- Represent you at conferences, hearings and trial when an agreement cannot be reached.
What to gather before your consultation
- Any court papers you have received or filed, including existing orders and orders of protection.
- Recent pay stubs, tax returns and statements for bank, retirement and credit accounts.
- Your marriage certificate and any prenuptial or postnuptial agreement.
- Your children's current schedule, school information and child care costs.
- A short timeline of the key events in your marriage or relationship.
Deadlines in family cases can be short, especially after an order is issued, so it is best to get advice before you sign an agreement or respond to court papers. You can contact us to schedule a free initial consultation.
Frequently asked questions
Do I have to go to court to get divorced in New York?
Every New York divorce is granted by the Supreme Court, but not every case requires a trial. Many contested cases settle through negotiation, and the court then approves the written agreement. If the spouses cannot agree on issues such as custody, support or property, a judge decides them after hearing the evidence.
Can Family Court grant a divorce?
No. In New York, only the Supreme Court can grant a divorce. Family Court handles matters such as custody, visitation, child support, paternity and family offense petitions, and parents often use it when they are not divorcing.
How is property divided in a New York divorce?
New York uses equitable distribution. Property acquired during the marriage is generally marital property and is divided in a way the court considers fair, which is not always an equal split. Separate property, such as some assets owned before the marriage, may be treated differently.
My case involves both New York and New Jersey. Where should it be filed?
It depends on where each spouse lives, how long they have lived there and, for custody, where the children have been living. The two states have different rules, so the choice of state should be reviewed before anything is filed.