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FAMILY LAW
What is Family Law?
Understanding Family Law in New York
Family law in New York encompasses a variety of legal matters related to familial relationships, including divorce, child custody, child support, adoption, and domestic violence. Navigating family law issues can be emotionally challenging and legally complex, making it essential to have a skilled attorney who specializes in family law by your side.
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Divorce
Divorce is a common family law issue in New York, allowing both contested and uncontested divorces. Grounds include no-fault (irretrievable breakdown for six months) and fault-based reasons. Marital property is divided through equitable distribution, considering factors like marriage duration and contributions. In 2021, New York recorded 76,000 divorces, with a divorce rate of 2.9 per 1,000 residents, below the national average.
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Child Custody and Visitation
Child custody focuses on the child's best interests. Legal custody involves decision-making rights (joint or sole), while physical custody determines where the child lives. Visitation rights allow non-custodial parents time with their children. Approximately 70% of custody cases in New York result in joint custody arrangements, reflecting a move toward shared parenting.
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Child Support
Child support ensures financial stability for children. New York calculates support based on the combined income of parents, with guidelines assigning 17% for one child and 25% for two children. Orders can be modified for substantial changes in circumstances. In 2022, New York collected over $1.5 billion in child support payments, underscoring its importance in child welfare.
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Adoption
Adoption includes stepparent and agency processes, requiring consent from biological parents and home studies to ensure a suitable environment. In 2021, New York finalized 2,300 adoptions, with 60% involving foster care children. Public agency adoptions are the most common type.
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Domestic Violence
Domestic violence is addressed through protection orders and legal remedies. Victims can obtain orders to prohibit contact with abusers and seek custody, financial support, or property possession. In 2021, New York family courts handled over 32,000 protection order applications. About 1 in 4 women and 1 in 7 men experience severe intimate partner violence, highlighting the need for protective measures.
Megan Gallagher's role in Family Law
Experienced Family Law Attorney: Your Advocate in Times of Need
Megan Gallagher is a compassionate and skilled attorney specializing in family law matters. She assists clients in navigating sensitive issues such as divorce, child custody, spousal support, and property division. Megan Gallagher provides clear guidance, ensuring her clients understand their rights and legal options while working to achieve fair and favorable outcomes.
With a focus on resolving conflicts amicably when possible, Megan Gallagher also fiercely advocates for her clients in court when necessary. Her dedication to protecting her clients’ interests, combined with her deep understanding of family law, makes her a trusted ally during challenging times.
Why Megan Gallagher?
Choose Megan Gallagher, Book a Free Consultation Now
Megan Gallagher is a highly skilled family law attorney who offers expert representation in a wide range of family law issues. Her experience and compassionate approach make her the ideal advocate for clients facing challenging personal situations.
Megan Gallagher experience in Family Law
Extensive Legal Experience
Megan Gallagher is the ideal attorney for family law, combining extensive legal expertise with a compassionate approach. With a deep understanding of the complexities surrounding family dynamics, Megan Gallagher is dedicated to advocating for her clients' best interests. Her personalized service, commitment to clear communication, and strategic problem-solving skills empower clients during challenging times. Megan’s proven track record of successful outcomes in custody, divorce, and support cases further solidifies her reputation as a trusted advocate. Clients can count on her to navigate the legal landscape with sensitivity and professionalism, making her the best choice for family law representation.
When dealing with family law matters, the emotional and legal complexities can feel overwhelming. A family law attorney plays a vital role in guiding clients through sensitive issues such as divorce, custody, and support, ensuring their rights are protected and helping them achieve fair resolutions.
What Does a Criminal Defense Lawyer Do?
A criminal defense lawyer plays a crucial role in protecting the rights and freedoms of individuals accused of crimes. Their primary responsibility is to provide a robust legal defense and ensure a fair trial. Here are the key duties of a criminal defense lawyer:
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Family law is a specialized field with numerous rules and regulations. An experienced attorney has in-depth knowledge of New York family law and can provide guidance on the best course of action for your specific situation.
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very family law case is unique, and a skilled attorney can develop tailored strategies to address your specific needs and goals. Whether you are seeking a fair divorce settlement or fighting for custody of your children, an attorney will work diligently to advocate for your best interests.
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Family law cases often involve complex legal procedures and paperwork. An attorney can ensure that all necessary documents are filed correctly and on time, reducing the risk of delays or complications.
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Many family law issues can be resolved through negotiation or mediation, which can save time and reduce conflict. An experienced attorney can negotiate on your behalf to reach a favorable settlement without the need for a lengthy court battle.
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If your case proceeds to court, having a skilled attorney is essential for effective representation. Your attorney will advocate for your rights, present evidence, and argue your case before the judge.
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Family law matters often involve high emotions, and an experienced attorney can provide not only legal support but also emotional guidance throughout the process. They can help you make informed decisions that prioritize your and your family's well-being.
Understanding the fundamental areas of family law in New York
Family law in New York is governed by both state statutes and case law. Understanding the fundamental areas of family law can help you navigate the legal system more effectively.
Divorce is one of the most common issues addressed in family law. New York allows both contested and uncontested divorces.
Key elements include:
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Grounds for Divorce: New York recognizes both no-fault and fault-based grounds for divorce. No-fault divorce simply requires a statement of irretrievable breakdown in the relationship for at least six months.
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Equitable Distribution: New York follows the principle of equitable distribution, meaning that marital property is divided fairly, but not necessarily equally. Factors considered include the duration of the marriage, the income and property of each spouse, and the contributions of each spouse to the marriage.
Divorce Statistics
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According to the New York State Department of Health, there were approximately 76,000 divorces in New York in 2021. This represents a slight increase from previous years, indicating a rising trend in marital dissolution post-pandemic.
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The divorce rate in New York stands at about 2.9 per 1,000 residents, which is lower than the national average of 3.1 per 1,000 residents.
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When parents separate or divorce, determining custody arrangements for children becomes a critical issue. New York courts prioritize the best interests of the child when deciding custody matters, which can include:
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Legal Custody: This refers to the right to make important decisions about a child's upbringing, including education, healthcare, and religious training. Parents can have joint legal custody or sole legal custody.
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Physical Custody: This relates to where the child lives. Similar to legal custody, physical custody can be joint or sole.
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Visitation Rights: Non-custodial parents may be granted visitation rights, which allow them to spend time with their children.
Child Custody Arrangements
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In New York, custody can be categorized into two types: legal custody (the right to make decisions regarding the child’s upbringing) and physical custody (where the child lives).
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According to a survey by the National Center for State Courts, approximately 70% of custody cases in New York result in joint custody arrangements, reflecting a shift towards shared parenting.
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Child support is a crucial component of family law, ensuring that children receive adequate financial support from both parents.
Key factors include:
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Calculation: New York uses a formula based on the combined income of both parents and the number of children to determine child support obligations. The non-custodial parent typically pays child support to the custodial parent.
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Modification: Child support orders can be modified if there is a substantial change in circumstances, such as a job loss or significant income increase.
Child Support Guidelines
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New York follows a percentage of income model for calculating child support. The guidelines are as follows:
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For one child, the non-custodial parent is generally responsible for 17% of their income.
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For two children, the obligation increases to 25% of the non-custodial parent’s income.
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According to the Office of Child Support Enforcement, New York State collected over $1.5 billion in child support payments in the fiscal year 2022, highlighting the importance of financial support in child welfare.
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Adoption is another significant area of family law. New York has specific legal processes for both stepparent and agency adoptions.
Key considerations include:-
Consent: Consent from the biological parents may be required, depending on the circumstances of the adoption.
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Home Study: A home study may be conducted to ensure that the adoptive home is suitable for the child.
Adoption Statistics:
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In 2021, there were approximately 2,300 adoptions finalized in New York State, according to the New York State Office of Children and Family Services.
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The most common type of adoption in New York is public agency adoption, often involving children in foster care, accounting for about 60% of all adoptions.
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Domestic violence is a serious issue addressed within family law. Victims of domestic violence may seek protection orders to ensure their safety.
New York law provides various remedies for victims, including:-
Orders of Protection: These can be issued to prohibit the abuser from contacting or approaching the victim.
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Relief from Abuse: Victims may be entitled to temporary custody of children, financial support, and possession of shared property.
Domestic Violence and Protective Orders
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New York courts handle thousands of domestic violence cases each year. In 2021, there were more than 32,000 applications for orders of protection filed in family courts across the state.
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According to the New York State Coalition Against Domestic Violence, about 1 in 4 women and 1 in 7 men experience severe intimate partner physical violence, indicating a significant need for protective measures.
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“I have known Megan Gallagher for over 10 years through our professional relationship as attorneys at the Attorney General’s Office. In my 30 year legal career, I have not met a more dedicated and caring attorney who fights as hard for her clients or has as much success. Megan is someone you want on your side when facing legal challenges - she will explain things clearly, put you at ease and advocate fiercely for you!”
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“I am a current client of Ms. Gallagher and she’s been wonderful throughout my legal issues. She listens, communicates very well with you, she cares about her clients and gives 100% of herself to the job which is YOU. I truly truly appreciate all the work she’s done for me. I’ll call ms. Gallagher esq. for legal services for a lifetime let’s hope I don’t need to lol. I recommend her services/office services. So if you’re having legal troubles give Ms. Gallagher a call."
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“I have known Megan Gallagher for over 10 + years. Besides being very professional & good at what she does. She is a kind & compassionate person. She would be the ideal defense attorney for a client to fight for them especially since she’s been a prosecutor for many years & knows how the prosecution thinks, which is a winning formula for a defense attorney.”
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“I have known Megan Gallagher for >10 years through our professional relationship as attorneys at the Attorney General’s Office. In my 30 year legal career, I have not met a more dedicated and caring attorney who fights as hard for her clients or has as much success. Megan is someone you want on your side when facing legal challenges – she will explain things clearly, put you at ease and advocate fiercely for you!”
-Jason Bassett
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“The best defense attorneys are former prosecutors. They know their way around the courtroom. Megan Gallagher is that attorney. She has decades of experience handling every type of offense from simple traffic violations to the most complex felonies. She genuinely cares about her clients and will fight to achieve the best outcome. As a former prosecutor and defense attorney myself I unequivocally endorse and recommend Megan!”
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“Megan Gallagher is a phenomenal attorney who you want on your side! She is brilliant, experienced, and tenacious – and goes above and beyond to advocate for her clients and get justice. If you want a lawyer who is going to fight hard and get the best possible result, Megan is the one for you!”
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The information provided on this site is not legal advice and is not intended to be. You should consult an attorney regarding your specific situation. Contacting us does not establish an attorney-client relationship, so please refrain from sending confidential information until such a relationship is formed. Please note that the outcomes of legal cases depend on their unique facts and circumstances, and The Law Office of Jason Bassett, P.C. cannot guarantee specific results in any legal matter. Any testimonials or case results featured here are based on actual cases and reflect the outcomes of those particular cases, without guaranteeing, warranting, or predicting results for other legal matters. Privacy Policy | Terms of Service.