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Experienced New York City Divorce Lawyer - Juan Luciano - Divorce Lawyer NYC

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The Law Office of Juan Luciano is a premier divorce law firm practicing in Manhattan. Over the years of our practice in divorce and family law, our experience has further cemented the fact that the decision to end a marriage is never an easy one. Family law and divorce cases in NY are highly charged and have an emotional impact on everyone involved, no matter how amicable they are.

At The Law Office of Juan Luciano, our team of skilled divorce attorneys in New York understands that a divorce is often a personal, vulnerable, and painful time. During it all, you are asked to make important decisions that will affect your family and your financial future. You don’t have to do this alone. As an experienced divorce lawyer in New York City, I can’t take away the pain, but I can help my clients make objective decisions to protect their family and their futures.

At The Law Office of Juan Luciano, a consultation with one of our skilled New York divorce attorneys about your divorce matters can help you understand how your choices will affect your case. Call us today at (212) 537 5859 or send us an email to get more info on how we can give you legal advice.

When you hire me as your NYC divorce attorney, you will get the benefit of 15 years of wins in NYC divorce cases. But, you’ll also get far more than that. You will get an attorney who is genuinely interested in helping you take back your life.

I am here to help you both minimize unnecessary conflict and to fight fiercely for your rights in a NY court. When you hire me as your attorney in NY, you will gain personal attention, and a thorough understanding of every aspect of your case, paired with genuine compassion for your situation. 

As top-rated New York City divorce lawyers, we are used to winning our cases. But I also strive to ensure that my clients walk out of their divorce process feeling like it was fair, their rights were fiercely protected, and most importantly that my clients know that in the end, everything will be okay.

You don’t have to do this alone. You will get through this, and I am here to help. Contact Juan Luciano Divorce Lawyer today at (212) 537 5859.

Why Hire Juan Luciano As Your Divorce Attorney?

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Expertise and Experience

Compassionate and Experienced Divorce Attorneys In NYC

We can help Minimize Unnecessary Conflict in Your Divorce

I have seen far too many cases where unnecessary conflict becomes counterproductive to both sides. While I believe in minimizing conflict, I also maintain a legally calculated approach that is best for my clients, their children, and their financial well-being.

By offering compassionate yet aggressive representation, I know how to walk that fine line between contention and a fine-tuned legal strategy that offers the greatest benefit to my clients. I bring a wealth of knowledge and years of trial experience to the table, representing clients in many complex family law cases over the years. To learn more about how we work, and our fees, contact our NYC law office today.

What a New York Divorce Attorney Offers

When you seek the guidance of an attorney, you are not typically in a state of mind to see beyond the moment.

My job, as your representative, is to be your legal advocate, champion your rights, and find that light at the end of the tunnel that you may not be able to see. Our practice areas include contested and uncontested dissolution of marriage, custody, alimony, and support, family law, high net worth divorce, and much more. 

Grounds to File for Divorce in New York

New York has multiple grounds for a divorce case. New York was the last state to adopt a No-Fault Divorce Ground in October 2010. It is possible that future divorce proceedings will include this ground. However, all other grounds remain available. These are grounds that can be used to divorce New York.

They include: 

  • cruelty and inhuman treatment, 
  • abandonment by Plaintiff for one or two years, 
  • confinement by the defendant for one or both years following the marriage
  • adultery committed by the Defendant voluntarily after the marriage 
  • living apart under a decree of judgment of separation; 
  • living separately and apart according to written agreements of separation. 
  • the relationship between the husband and the wife is irretrievably ended for at least six months. 

The No-Fault Ground for Divorce in New York State. This means that a divorce can only be granted if the courts or parties have resolved all issues. It is distinct from other New York State grounds of divorce. This requires the spouse to prove that they are divorcing. The final decision will then be made regarding all other issues, such as custody and economics.

Contested And Uncontested Divorce

In New York City, divorce can unfold in two main ways: contested or uncontested. Each type presents its own set of challenges and processes. Uncontested divorce is typically characterized as having less conflict while contested divorce is characterized as involving more serious legal intervention. Whether your situation calls for calm negotiation or assertive courtroom representation, understanding the specifics of each divorce type is crucial in preparing for the steps ahead.

Not all NYC divorces need to be contentious. If you and your spouse have agreed to end your marriage and you are in agreement on the division of property, alimony, and custody arrangements, you can file for an uncontested divorce in NYC.

There are many benefits to an uncontested divorce process, particularly in the way of open communication that will be necessary when property distribution, financial arrangements, and minors are involved. But even if your uncontested divorce starts as an amicable one, communication can often take an emotional and even hostile turn.

As an attorney experienced in negotiating uncontested divorce cases, I have enabled countless couples to get to a place where they can move past their differences by filing for an uncontested divorce. Whatever type of divorce you are considering,  contact The Law Office of Juan Luciano today to see how our team of NYC divorce attorneys can help (212) 537 5859.

Many times, an uncontested New York divorce is simply not possible. If you have found that after legal separation disputes arose over the division of assets, spousal maintenance, and custody, then a contested divorce may be the only option. This is when having experienced legal representation is crucial.

Our team can provide skilled guidance regarding New York City’s divorce process. We can conduct a thorough evaluation to determine your options and discuss the possibility of a collaborative divorce, a good option even in many contested divorce cases.

In most Manhattan divorce cases, I prioritize resolving any issues through careful negotiation, but as an experienced NYC family litigator, I am always prepared to take your case to court when necessary to protect your legal rights and interests.

To find out how we may be able to help, call Juan Luciano Law Firm for a consultation today at (212) 537 5859.

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Child Custody

Child custody disputes are some of the most challenging areas of family law in NYC and are often one of the places where legal battles between partners arise. That being said, no part of a divorce requires more care and attention than ensuring the best interests of the minors.

In New York State, physical custody, or residential custody, determines where the children will reside and which parent has the responsibility for physical care and supervision.

There are two primary types of physical custody arrangements: sole physical custody and joint physical custody.

  • Sole physical custody means the child will live with one parent, while the other parent is typically granted scheduled visitation rights.
  • Joint physical custody allows the child to move between both parents’ homes according to a mutually agreed-upon schedule.

It is the responsibility of a divorce attorney to advocate for their client’s right to physical custody, working to secure an arrangement that serves the child’s best interests.

Legal custody in New York determines how the parents make important decisions concerning the kids regardless of where they live.

  • Sole legal custody grants one parent the exclusive right to make decisions about critical aspects of the child’s life, including healthcare, education, and religious upbringing.
  • Joint legal custody requires that both parents collaborate and share decision-making responsibilities on these important matters.

Understanding these distinctions is crucial for determining the most suitable arrangement for a child’s well-being and supporting effective co-parenting where applicable.

To a noncustodial parent, the term “visitation” can feel daunting. As parents, most of us want not only the opportunity to spend valuable time with our children but also to help raise and nurture them. This desire to be actively involved in our children’s lives extends beyond just the noncustodial parent, also including grandparents and non-biological parents who may play important roles.

When determining custody arrangements, divorce law suggests that a visitation schedule be developed to clearly outline the terms of how parents will share time with their children. This schedule will specify how time is divided on weekdays, weekends, during school breaks, holidays, special occasions, and even vacations. A well-thought-out visitation schedule can provide clarity for parents and reduce potential future conflicts. Disagreements often arise when it comes to who will spend time with the children on special events like holidays, and a structured visitation schedule helps take this uncertainty off the table.

I diligently assist my clients in the pursuit of fair visitation rights or the enforcement or modification of an existing agreement to ensure that their needs are met under their agreement. This includes advocating for visitation that supports the best interests of the children, and where necessary, pursuing supervised visitation in cases where there is concern about the safety of the child with one parent. It is rare that the court will withhold visitation entirely, but in extreme cases, supervised visitation may be granted to ensure the child’s safety and well-being.

Each child custody scenario is unique. Multiple factors should be considered when determining the best arrangements for childcare after a divorce. Decisions must be made for both legal custody and physical child custody. Our attorneys understand the NY family law and have the compassion necessary to address these issues. Contact the law firm of Juan Luciano Divorce Attorneys today to see how we can help (212) 537 5859.

Factors To Consider In A Divorce:

Custody arrangements in New York will be determined by the court based on what is in the child’s best interest.  Given the uniqueness of each family dynamic, the court carefully considers a wide range of factors to assess what arrangement will best support the child’s well-being and development.

These factors include but are not limited to:

  • The stability and quality of each parent’s home environment
  • The parent’s willingness to support the child’s relationship with the other parent
  • The physical and mental health of the parents
  • Each parent’s income and financial stability
  • Parenting skills
  • History of substance abuse
  • History of domestic violence or abuse
  • The work schedules and flexibility of the parents
  • The child’s preferences or wishes
  • Any other circumstances that may impact the child’s well-being

Whenever children are concerned, I believe that a collaborative approach to custody is always better than one imposed by the court.

Having the representation of reputable child custody lawyers allows you to negotiate the safety and happiness of the children as well as the fair custodial rights of the parents. To learn more about custody options in NYC,  contact Juan Luciano’s family law firm today at (212) 537 5859.

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The income of each parent
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Child Support

Child support is for the sole benefit of the children and should be considered thoughtfully with a careful eye toward the future. While child support will be mandated based on the income of each parent and their ability to financially care for their children, there can often be issues of financial transparency in a contentious divorce. These issues will impact parents until the children reach the age of 18, and often there are unforeseen changes in financial circumstances.

In the United States, these issues can become especially complicated in the cases of high net-worth divorce. Both parents are legally responsible for providing financial support for their children until they turn 21. In the case of a divorce in New York, the children’s financial well-being is carefully assessed to ensure that the support obligation is fair under divorce laws and clear to both parties. A formal child support order is issued, with the support amount determined using established guidelines designed to make the process straightforward and equitable for all involved.

Child support in New York is calculated based on fixed percentages of the parents’ gross income and the number of children.

These percentages are:

  • 17% of combined parental income for 1 child
  • 25% of combined parental income for 2 children
  • 29% of combined parental income for 3 children
  • 31% of combined parental income for 4 children
  • No less than 35% of combined parental income for 5 or more children

In the case where the child spends the majority of time with one parent, the non-custodial parent will pay child support to the custodial parent. It is important to note that joint custody does not necessarily mean that neither parent pays child support. In cases of joint custody, the courts in New York will typically require the parent who earns more income to pay child support.

Additional expenses, such as those for education, medical costs, or extracurricular activities, are shared by both parents. These costs are typically prorated based on the parent’s income.

As a seasoned attorney, I understand the legal implications and nuances surrounding the enforcement and modification of child support agreements. I strive to establish workable solutions in determining the suitable options for the children and aggressively represent clients when the need for enforcement or modification arises. Contact the law firm of Juan Luciano Divorce Lawyer today to learn more at (212) 537 5859.

Alimony Or Spousal Support

Navigating the issues of alimony or spousal support can be an emotionally touchy subject in any divorce. Spousal support awards are not a given and are determined on an individual basis, with the court considering facts such as the length of the marriage, the income of both parties, contributions made to the marriage,  as well as other factors. Especially in high net-worth divorce, deciding on spousal support and alimony can become challenging very quickly.

With spousal support, payments may be designed as temporary or permanent but after the court determination, both parties must comply unless a modification is filed.

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The length of the marriage
The income of both parties
The age and health of both parties
The ability of the spouse seeking support to be self-supporting
Standard of living, Whether children are involved
Contributions made to the marriage

Property Division

New York law allows for the equitable division of marital property. In an equitable distribution setting, the assets from the marriage will be divided among the couple in a way that the court sees fair. 

New York law allows property and debts to be divided equally between spouses under equitable distribution. A judge might instead award more assets to the spouse who is less well-off, or additional debts to someone with a higher-paying job.

In most cases, marital property will be divided during a divorce. Your home and income from the marriage are marital property. Personal possessions do not count. When dividing property, the court will take into account each spouse’s earning potential and whether a custodial parent needs to remain in the family home to take care of the children. The court will also consider the tax implications for each spouse.

Although spouses have the right to their separate property, which is property acquired before marriage or that was given as a gift or inheritance during the marriage, the court may divide the property of one spouse between the spouses if the court feels that justice demands it.

Speaking to an experienced divorce lawyer about property division in New York can help you understand your rights and responsibilities in the case. Divorce Attorney Juan Luciano is experienced in helping families and individuals for years when it comes to divorce and family law matters. Contact our office today at (212) 537-5859 to schedule a consultation.

Family Law and Divorce Lawyers

The practice of family law can be emotionally charged and often involves significant financial and highly emotional topics for both parties. For families facing such challenges, having the right attorney can make a substantial difference in achieving both short-term and long-term solutions.

As a seasoned New York City family law attorney, I understand that family law is not just about legal outcomes but also about the real people involved—individuals facing some of the most emotionally difficult times in their lives. Family and divorce law isn’t just a set of legal principles; it’s about guiding people through a process that is deeply personal, often painful, and never without lasting impact.

While there are opportunities for individuals to represent themselves in family law matters, the decisions made during these times can affect emotional well-being, financial stability, and relationships for years to come. Given the significant consequences, having the right New York City attorney is essential to guide you through the process and protect your future.

Family law attorneys help bring a compassionate and rational approach to a wide range of legal issues, including:

  • Divorce: Helping navigate the emotional and financial challenges of divorce, including spousal support and the division of property.
  • Child Custody and Support: Addressing issues related to child custody, visitation, and child support to ensure the well-being of your children.
  • Prenuptial and postnuptial agreements: Drafting agreements to protect the interests of both parties in case of future changes in the relationship.
  • Modifications of Court Orders: Assisting with changes to existing court orders related to child custody, visitation, child support, or spousal support as circumstances evolve.

A skilled family law attorney strives to find the most effective solutions during life’s most challenging moments. That skill is only developed with time and experience. Over my years in practice in New York City, I have guided my clients through these difficult times, helping them understand their rights, and the legal implications of their options and decisions, and empowering them to move forward with confidence and hope for the future.

In New York divorce law, a grandparent has limited legal rights to visitation with their grandchildren after a divorce.

If necessary, a grandparent can request visitation of the grandchildren through the courts under certain circumstances:

  • If one or both parents have died
  • If the grandparent has a substantial relationship with that child
  • If the parents have interfered with the grandparents’ efforts to establish or maintain a relationship with the child

These rights only apply to the biological grandparents of the child and do not extend to other relatives or family members.

There is no place when the skill of an experienced New York City attorney is more critical than during custody negotiations and enforcement. I take all legal steps necessary to ensure that your and your children’s rights are protected anytime custody issues arise. Contact us today to schedule an appointment and discuss these important issues, including your divorce, in depth during your consultation.

Child custody and divorce laws in New York are subject to many factors with domestic violence being an important one. Domestic violence is a pattern of abuse perpetrated by one person in the household to gain control over another person or persons. It affects the safety and well-being of the entire family.

When New York family law courts look at domestic violence in a family, it considers the divorcing parents but it can also extend to those who are not related by blood or marriage. This includes former spouses or co-parents, other children, or those who have previously had an intimate or dating relationship with or resided with one of the parents.

There are many ways that a New York family lawyer has at his or her disposal to ensure the safety of victims of domestic violence during and after divorce. Although the court will always take valid domestic violence allegations seriously, they can be complicated to prove. Whenever violence is a factor in a divorce, it’s important to get experienced legal assistance to ensure physical and emotional safety and protect the legal rights of all involved.

Although no one goes into a marriage with a divorce mindset, the current data leans heavily toward that unfortunate reality.

In the past, prenuptial agreements were most common in the realm of high net-worth marriages, but they are now used more frequently as partners come together later in life with assets and children from a previous marriage.  A postnuptial agreement will enable a couple to make these decisions concerning their assets and debts after the marriage has already taken place.

Prenuptial and postnuptial agreements are highly individualized and can be extremely beneficial. As experienced New York lawyers, we understand the legal nuances required in drafting a comprehensive prenup or postnup agreement with the appropriate requirements in place to stand up in a court of law, if necessary.

I pride myself on my unparalleled commitment and hands-on approach with my clients and I offer representation that ensures your financial and emotional success both today and into the future. We offer thoughtful and practical legal advice so you can get on with your life post-divorce.

Whether you are a high-net-worth couple or not, if you need the skill and experience of a divorce attorney in NYC, call the Midtown offices of Juan Luciano Divorce Lawyer to schedule a consultation. Contact our law firm today at (212) 537-5859.

The divorce process in New York City is inherently challenging and finding the right attorney can be equally tough. With 15 years of practice in family law and Divorce in the Bronx, Manhattan, and New York City, our team at Juan Luciano Divorce Lawyer has focused on thoroughly understanding each client’s individual needs. This dedication allows our NYC divorce attorneys to support and represent our clients effectively during these emotionally charged times.

If you’re looking for an attorney who prioritizes listening and can advocate for you assertively when required, contact Juan Luciano Divorce Lawyer today at (212) 537-5859 for an initial consultation. Let’s work together toward a resolution that respects your needs and sets you on the path to a new beginning.

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Divorce Lawyer J. Luciano | Contested Divorce Attorney | High Net Worth Divorce | Child Support | Custody

347 5th Ave #1003

New York, NY 10016

(212) 537-5859

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