If you are considering a divorce or have been served divorce papers, there is much that you need to know. 

While it is true that most matrimonial cases settle, the prospect of a trial is all too real. Although it might be preferable to amicably divorce, it is often not possible. An inexperienced divorce (trial) attorney will do everything to pressure you to settle in an effort to avoid an unfamiliar trial. Joseph & Smargiassi has years of trial experience. Not fazed by the threat of trial, we educate our clients to help them make balanced and informed decisions. We can be caring and even-handed. We can also be tenacious and unrelenting. "Your partner and counselor, their adversary". If you need an experienced and tough divorce attorney in New York or New Jersey, you want Joseph & Smargiassi on your side.

Despite these tough economic times, there is no reason for you to be miserable and remain in a bad marriage. We can arrange payment plans, we will work with you, and we do accept credit cards.

“The A Team. As a world-class expert myself in my field, I was looking for someone who was of equal caliber in divorce litigation, especially with regard to child custody. I contacted my colleagues at Holland and Knight, who recommended Mario ("he's been successful in getting fathers custody of their children"). When I first met Mario, I told a friend "I'm scared of this guy" -- scared of being on the other side of Mario in litigation. He's a brilliant negotiator and litigator. He's got a knack for getting judges to think along his lines. At an appellate level, the judges treat him as a knowledgeable colleague. Likewise, his partner John Smargiassi is also brilliant, methodical, and has deep technical knowledge. Their firm is resourceful, has good connections, and has access to a wide range of specialists.” FF

"Hi Mario. You have no idea how you have played a part in my life. It is true that I have not been in contact, but not a day goes by that I don't thank God for the guidance, insight, and fortitude you have given me. I send blessings to you everyday. Because of YOU (I, being an abused wife) I was able to see and feel how MV used me and my children. It was in your office, after a consultation, when you looked at me with such pain written on your face and said "I cannot comprehend how a man could destroy his family". Everything changed after that. I am and will be forever, eternally grateful to you and everyone who had a role in bringing forth this result. Thank You, from the bottom of my heart, for your tenacious attitude. Best of Health, Happiness, and Prosperity to you and your dear family. God Bless." CR

"Hi Mario. I was just sitting in my house, looking through files and getting some stuff done before we (me, the kids and my brother) go to Disney on Monday. We are meeting my father and his wife as well. I was looking through the court papers trying to find the kids SS#'s, since their cards are locked away upstate. I spent about 20 minutes sifting through all we went through. So I decided not just to say hello, but to thank you from the bottom of my heart, along with John and the rest of your team. I am sitting in my house, its never looked better, my kids are doing really well, I have a good job and grow everyday a little more and you were a major player in making that happen. Thank you again." MP

Whether an uncontested divorce or divorce and custody battle, the information in these links will apply to your case:

Divorce & Family Law Information (NY Specific)
a) What are the grounds for divorce?
b) Will marital fault impact my rights to a property settlement?
c) How is child custody determined?
d) How is child support calculated?
e) What property is subject to equitable distribution?
f) How will the marital property be divided?
g) What property is not subject to equitable distribution?
h) How is alimony calculated?
i) How long must I pay or can I receive child support?

Procedure for Divorce (NY Specific)
a) Starting the Divorce
b) The Pleadings
c) Discovery
d) Motions
e) The Trial
f) Post Judgment Enforcement

Credit Cards and Divorce (Federal Trade Commission)

Please note that along with your Retainer Agreement, you should be given a Statement of Client's Rights and Responsibilities. Click here for a sample.

Effective September 1, 2009, a plaintiff in a New York divorce action is required to serve the defendant an automatic restraining order at the same time as serving the summons for divorce. The restraints are designed to bind both parties. Click here for a sample.

Disclaimer:
The information contained in this web site is provided solely for general interest and may not reflect current legal developments and therefore should not be relied upon or construed as legal advice. Further, the sending or receipt of this information does not create an attorney-client relationship between us. For more specific, comprehensive and up-to-date information, or for help with particular factual situations, you should seek the opinion of legal counsel. Reproduction, distribution, republication and/or retransmission of material contained within this web site is prohibited unless you have obtained our prior written permission. Your communication with us through this web site may not be considered as privileged or confidential.

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