Choosing the Proper Family Attorney in Orange County, NY

A General Description of Family Law

The scope of family law encompasses all of the legal issues arising from the family. Family law is the legal practice area that deals with issues involving marriage, civil unions and domestic partnerships; adoption and surrogacy; divorce; annulment; dissolution of domestic partnerships; child custody, visitation and child support; spousal support and alimony; property settlements and distribution; and paternity testing and determination. Legal issues arising from marriage, civil union, or domestic partnership can include protection of children through pre-nuptial agreements, division of property, and enforcement of paternity rights. Custody and visitation may also be determined by the court in certain circumstances. Custody issues may arise when the parents of minor children have divorced or were never married, but the court will still need to determine custody arrangements . There are many options for how to address custody issues, which often may include shared parenting or joint custody arrangements. In the unfortunate event that a parent has to protect their children through a custody determination, paternity rights also become an issue. Child support obligations may arise in connection with these legal issues. Child support issues arise when separating or divorcing couples have children. Similarly, divorce is a major issue that family law attorneys handle. Divorce, also referred to as dissolution in some contexts, may arise if parties wish to terminate their martial relationship. In divorce, the court must protect children and determine custody, visitation, and child support obligations. A court may also need to divide property, marital assets, and debts.

Why You Should Retain a Family Law Attorney in Orange County NY

Hiring a local Orange County NY family law attorney to represent you in your divorce or family law case has many benefits. The most obvious benefit is that the attorney knows the local Orange County NY Family Court judges and has an "inside scoop" on their judicial preferences. Each judge has his or her own ideas about how a particular family law case should go. What issues are important to him? Which provisions of the law does he think are the most important, and how does he view the facts of each case? We can try to gauge these issues, and since we know the local judges fairly well, we have a good understanding of how important these issues are.
In addition, we make it our business to know the local law in the area as well. The law changes fairly often in the areas of support, divorce, custody and family law. The Rules of the Unified Court System change from time to time. There are some very specific rules in each family court; do local judges even pay attention to these rules of their court or not? Do we, who practice exclusively in Orange County and have been appearing before the local judges for over 20 years, know what the local Family Court wants to see and what they do not want to see? You bet we do.
What is important to remember when hiring a local Orange County NY family law attorney is to select an attorney who specializes in family law. Not just someone who dabbles in it here and there. If someone is not used to handling Orange County Family law cases on a regular basis, they will never get used to it! Family Laws are very different than criminal law, real estate law, bankruptcy, etc. We specialize in family law. We know it inside and out. Many, if not most, of the local judges all know each other and are friends. We know this because they all socialize together and go to the same functions. The local judges all know one another by first name. They know who each other’s children are and they have heard of, and sometimes been involved in, several controversies between each other. We have done business with all of these judges for decades. It is the same thing with the lawyers who practice before them. We all know one another as if we were family.
Wouldn’t you want an attorney with their foot securely in the door as long as a long track record of faithful service in this exclusive club of highly experienced family law attorneys? We have appeared before more than 100 Family Court judges, Supreme Court Justices and Surrogates in dozens of other counties besides Orange County, New York. We have tried hundreds of cases, appeared at thousands of conferences, prepared thousands of motions, affidavits, complaints, answers, orders and stipulations. Our experience is leading; our results undeniable.

Characteristics of the Ideal Family Attorney

When looking for a family law attorney in Orange County, NY, it is essential to choose someone with the right traits to handle your case with the care and attention it requires. First and foremost, they must be knowledgeable about the local laws governing family law and have experience navigating the local court system, especially if you are involved in litigation. Family law cases are often expensive and time-consuming, so they must have a proven track record of delivering satisfactory results for their clients. You can’t afford to hire a family law attorney who will take a lackadaisical approach to your case, as it could result in damage to your finances, your assets, and, ultimately, relationships within your family.
Beyond qualifications, a good family law attorney will also be empathetic about your personal situation and more concerned with helping you reach a resolution than pursuing a bitter argument in court. While your attorney needs to be aggressive when fighting for your legal rights, they should also be sensitive to the delicate nature of family law cases. This is particularly true for those involving children, where the outcome of your family court case could have a profound impact on the future of your familial relationships.

Selecting the Right Family Law Attorney

Finding the Right Family Law Attorney in Orange County, NY requires time and research. First, you’ll want to consider your needs. You may be ending your marriage or splitting from your domestic partner; you could be adopting a child or dealing with paternity matters; you may need help establishing child custody arrangements or marital property agreements. There is no single process for selecting the right attorney. However, researching the credentials of local attorneys is an essential first step.
After narrowing down your list to a few candidates, you should review online customer reviews and ratings. Consider both the pros and cons, as well as how the attorneys respond to negative comments. Does the attorney make an honest effort to rectify a bad experience? How does he or she treat clients in person?
When selecting a family law attorney in Orange County, you may wish to schedule an interview. This is a great opportunity to assess communication skills. Does the lawyer make an effort to answer your questions? A good attorney will make sure you fully understand the law, your legal rights and options, and the related processes.
Prior to signing a retainer agreement, get a firm understanding of the fees and costs associated with your case. Keep in mind that the highest fees don’t necessarily reflect the best representation.

What Happens at Your First Consultation

During your initial consultation, the family law attorney will get an understanding of the facts that gave rise to your situation and ask questions to help determine the best legal strategy for your case. In addition, the attorney will provide information on court procedures , and likely provide some information on the law to help you understand the process as it relates to your specific case.
It is essential that you be prepared with any questions that you may have about the process or procedures for your case. The initial consultation should give you a good understanding of the process and assist you in making your decision in hiring a family law attorney.
You should also be prepared to provide the family law attorney with the necessary documents that the attorney will review in order to properly assess your case and give you the best advice possible. A list of the types of documents that are typically requested can be found here (link).

Typical Family Law Matters in Orange County, NY

When it comes to family law, it is essential to know there are a variety of unique issues that could prompt you to seek the counsel of an experienced attorney. In Orange County, NY, the following types of family law cases are commonplace:
Contested Divorce
Contested divorce is simply a divorce where the two spouses are unable to resolve all issues amicably. Contested divorces do not always mean that the marriage is doomed or that the cases will be complex and conflict-ridden. Unless your spouse has hired an attorney who is intent on making decisions based on revenge and spite, or if you and your spouse are totally at an impasse, it is likely that an amicable divorce can be negotiated in uncontested fashion.
Uncontested Divorce
You will probably have an uncontested divorce if you and your spouse agree on all aspects of the divorce: how to split property, who holds custody of the children, whether there is child support and so on. In these kinds of cases, you should still enlist the services of a skilled Orange County divorce attorney who can help ensure that your rights and interests are protected during the course of your divorce, and via the paper work that has to be filed with the courts.
Custody Disputes
One of the biggest disputes in many divorces is the issues of who will get to live with the children—and who gets to pay for support. If you and your spouse cannot come to a reasonable agreement about your kids, then you face a lengthy court battle that may involve years of drama. With the support of a skilled attorney, you can ensure that your interests are protected, and that your kids interests take priority over everything else. The court also takes the needs and wants of your children into account, so this is a vital part of any divorce.
Modification of Court Orders
If you have a divorce decree that prohibits or requires you to do specific things—and your spouse is not complying, then you will likely want to petition the courts to have the decree enforced. The same is true if your spouse will not pay you what he or she owes you, or if your spouse has committed domestic violence against you. The court can still enforce a court order even if a divorce has been finalized. You can also ask for a modification of a court order if circumstances in your life have changed significantly.

Cost and Expense of Retaining a Family Law Attorney

When it comes to hiring a family law attorney, the most common concern is budget. While I (and most attorneys) believe that the advice of a skilled attorney is well worth the investment, a retainer fee can give the client sticker shock.
Law fees are expensive. A reasonable retainer fee for cases involving financial matters and children can range from $3,500-$7,500. Keep in mind, however, that some attorneys charge matter-of-fact estate planning fees, i.e., a flat fee to complete an estate plan or to draft a Last Will & Testament. Such fees are not as lucrative for attorneys and of course do not involve multiple parties or children, so I would strongly advise against flat fee billing.
The average hourly rates for family law attorney in Orange County, NY range from $200- to $400, depending on the attorney’s experience and size of firm. Family law paralegals often bill at half the attorney’s hourly rate so be sure to ask your attorney to explain his/her firm’s billing practices. Note that paralegals cannot render legal advice but they can perform tasks that are not "legally related" such as: reviewing documents, gathering information from the client and preparing rough drafts of documents for the attorney’s approval .
The retainer fee is held in a custodial account, given the attorney a fiduciary responsibility (similar to a bank) to account for these funds. The attorney’s hourly fees are billed against the retainer and any unused funds are returned to the client upon conclusion of the case or representation. Any portion of the retainer fee that is in excess of the attorney’s fees is yours when the services are completed. If the attorney’s work exceeds the retainer amount, the overage becomes a balance due to be paid after receipt of the attorney’s detailed billing statement. It is in the attorney’s best interest to refund the unused balance. Having funds remaining in a custodial account is not good business and most attorneys shy away from providing additional legal services when the prior retainer was not used.
Most attorneys require a retainer fee up front so it is important that you understand what it is you’re being charged for, how it is collected and retained, and how it is applied (or returned) at the conclusion of the attorney-client relationship.