Appeals, Modifications and Enforcement Proceedings
Family law and divorce litigation generally involves complex legal issues. While it is true that final divorce agreements and judgments should ideally lead to a fair outcome for both spouses and their children, this is not always the case. Divorce appeals, which occur in the higher court Appellate Division, arise when a judge makes a significant error or series of errors throughout your divorce. Merely being unhappy with the results of your divorce is not a legal basis for successfully appealing the court’s decision. An appeal is always an option if
- The judge misapplied the law or overlooked pertinent facts
- The judge’s use of discretion falls within the category of abuse of discretion
If you are interested in determining whether there is a basis for appealing a matrimonial order or judgment of divorce and you would like to discuss your options, contact the office at (516) 696-1011.
Life circumstances change even after parties have agreed to the terms of an agreement or after their rights and obligations have been determined by a Court. In New York, the judge can modify some aspects of the Judgment of Divorce after trial. In order to do so, a spouse must demonstrate to the court that a change of circumstance occurred; for example the spouse’s loss of a job or when a spouse remarries. Child custody can also be modified. For example, when a parent moves to a distant location or the needs of the children are not being met.
At KSV, we routinely and successfully pursue modification proceedings in the courts and will work with you to determine if your circumstances meet the requirements and standards necessary to pursue such a modification.
The process of obtaining a divorce can sometimes be long, arduous and expensive, and involve drawn-out battles over the division of property and the amount of support to which you or your spouse is entitled. This process can become even more challenging if children are involved. Sadly, a challenging divorce is sometimes followed up by a spouse who refuses to comply with a written settlement agreement or of an Order of the Supreme Court or Family Court concerning issues of custody, visitation, child support or spousal support and the division of marital assets requiring you to return to Court to force your spouse to act in the way they have already been ordered to do and that is called an Enforcement Proceeding.
At Kule Seid-Vazana & Associates P.C., our lawyers understand that your former spouse’s refusal to follow a Court’s order on issues such as custody, visitation or support can have a major impact on your finances or relationship with your children. Our knowledgeable attorneys have spent decades developing the necessary skills and knowledge of the law to go before the Courts and successfully have a Court Order or written agreement enforced.
There are a variety of Orders that Courts may issue throughout the course of a divorce, custody, visitation or child support dispute, as well as orders to turn over or divide certain marital property, or orders to sell the marital home. In turn, there are a variety of ways that a Court can force an obstinate spouse to comply with such Orders depending on the circumstances of a case including awarding arrears, additional assets to an aggrieved party or even imposing a term of jail time if it is determined that the party’s failure to comply with the Court’s Orders was intentional and willful.
Over 40 Years of Combined
Experience in Matrimonial
and Family Law