Divorce and Family Law

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.

  Representative Client Testimonials

"The A Team. As a world-class expert myself in my field, I was looking for someone who was of equal caliber .... I contacted my colleagues at Holland and Knight, who recommended Mario. 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

"I sometimes become suspicious when references are overly glowing but in this case they are deserved. As a professional, working in investment banking, I am used to interviewing and dealing with talented people and am not easily impressed. However, I have to admit that Mario & John both impressed me. They were recommended to me personally and I have had no regrets with my choice of representation. A short period of time into my case, I was hauled into court at short notice to oppose an emergency motion that would have prevented me seeing my only son. We only had 3 days notice to prepare the opposition and everyone worked hard to prepare for it. On that day in court, Mario worked to defeat the motion and was successful. I could have knelt on the ground and kissed the manís shoes. From that point on, until the conclusion of the case, I was always very happy with the representation I received in every way. Both John and Mario are very talented and understanding and have different strengths that complement the other. Neither are given to unnecessary action in order to inflate their billing. The firm worked with me to help reduce my bill wherever possible, and their flexibility with payment methods and plans was very much appreciated." JN

"Thanks for your help. You were the ONLY honest and dedicated lawyer I found during the last decade!! And I've had to deal with quite a few lately! You are honest, efficient, have integrity, diligence and personable. (and the rest of the Boy Scout oath! Brave, clean and reverent!) I've been dealing with the lawyers on a Madoff-like scheme involving 100 investors and I've described it as "surviving the Titanic and being rescued by pirates!" RB

"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

"Hello all. Just wanted to say thank you for all of your help. Every one of you have helped me at one point or another in this long process. I will only have good things to say about how I was represented. I never felt like I was a "small client", and I was always impressed that Jasmine recognized my voice every time, even months after not calling! I am satisfied with the results, and I hope my case has provided you with more than a couple of stories that you can tell your friends and colleagues (I know I have a few of my own!). I am proud to be able to say that I know a lawyer (Mario) that can make the opposing counsel cry. You canít get much better than that! Thanks again, and all the best." BJ

"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

  Informational Links

Although this portion of our site remains under construction, please do not hesitate to schedule a consultation with our office. No two cases are exactly alike, and your interest would be best served by speaking in-person to one of our lawyers. 

  Forms You Must See In New York 

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


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.

   Office Locations
  65 Broadway, 17th Floor
  (212) 625-9949  

  Long Island, South Shore
  By appointment only

   Practice Areas (NY & NJ)
  Divorce & Family Law
  Criminal Defense
  Civil Litigation
  Commercial Matters

   More Client Testimonials
"Words cannot even begin to express how much we appreciate all you did for us. Your support, guidance, and of course your time, were invaluable. Thank you." SL

"Dealing with Joseph & Smargiassi, LLC has been a very positive experience for me during very trying times. They gave me excellent legal advice during my divorce and enhanced my own understanding of family law for years to come. I am most grateful to this team and endorse them as a highly reliable, caring and dependable group of professionals." JB

"Thank you for helping me through one of life's difficult situations and allowing me to land firmly on solid ground. I trusted you and I am glad that I did and I would not hesitate to recommend you to others." JH

"If you are looking for a law firm to be on your side and care as much about your case as you do, look no further. They are knowledgeable and will work hard and efficiently so that your case will come to a quick and favorable conclusion. They will work to be fair and save you time and money where possible. Since they helped me (a father) win custody of my son in court, I know this for a fact." EH