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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. If you need an experienced and tough divorce attorney in New York or New Jersey, you want Joseph & Smargiassi on your side.


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

  1. Divorce & Family Law Information (NY Specific)
    1. What are the grounds for divorce?
    2. Will marital fault impact on my rights to a property settlement?
    3. How is child custody determined?
    4. How is Child Support calculated?
    5. What property is subject to equitable distribution?
    6. How will the marital property be divided?
    7. What property is not subject to equitable distribution?
    8. How is alimony calculated?
    9. How long must I pay or can I receive child support?
  2. Procedure for Divorce (NY Specific)
    1. Starting the Divorce
    2. The Pleadings
    3. Discovery
    4. Motions
    5. The Trial
    6. Post Judgment Enforcement
  3. Credit Cards and Divorce (Federal Trade Commission)

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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  Two Rector Street
  21st Floor
  New York, NY 10006
  Phone: (212) 625-9949   

   Practice Areas
  Divorce & Family Law
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  Business Matters
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   Client Testimonials
“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

"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

"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