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Suffolk County Family Law Attorneys

Over 20 Years of Results-Driven Legal Service

Based in Long Island, the Law Office of Robert H. Montefusco provides legal support for a broad spectrum of divorce law issues, including contested divorces, spousal maintenance, modifications, child custody, relocation, and much more. As a former prosecutor for the Suffolk County District Attorney’s Office, Mr. Montefusco conducted literally hundreds of trials and hearings, developing along the way a proactive, aggressive approach that he now applies to his divorce law cases.

Get the help you need for your family law case. Call (631) 801-0007 now or contact us online to schedule a free consultation with one of our Suffolk County divorce lawyers.

Areas of Practice

We understand that divorce and family court matters can be difficult and contentious. That’s why we provide compassionate, attentive legal services to our clients at each stage of their legal journey.

Our firm handles family law concerns such as:

  • Child custody: Child custody arrangements can be divided into two distinct types: legal and physical. Legal custody refers to the right to make decisions relating to the welfare of the child, such as their schooling; physical custody deals with which parent’s home the child lives in. If a custody dispute arises, our team is here to fight for the best interests of your child and yourself.
  • Child support: Under New York law, the non-custodial parent must send support payments to the custodial parent. These payments are usually calculated using the combined gross income of the parents and the number of children involved. The courts require each parent to prepare a Statement of Net Worth. Our attorneys can help you with this sometimes confusing document.
  • Enforcement and modification: Refusal to comply with a court order relating to child support or custody can subject a parent to substantial legal penalties, including fines and imprisonment. If the other parent has flouted a court order of this nature, contact us immediately so we can help. We also handle modifications of child support provisions and custody order for parents whose financial circumstances have changed dramatically since the divorce decree and/or where there have been substantial changes in circumstances affecting the best interests of the children.
  • Orders of protection: In New York State, both the family court and the Supreme Court have the authority to issue an order of protection to restrain a violent or potentially violent spouse or related person as defined by the statute. Terms of these orders may include requiring the abusive parent to move out of the home or to stay away from the children. Contact us right away if you believe you may need an order of protection.
  • Adoption: For many couples, adopting a child is their pathway to forming a family. There are a variety of legal issues associated with adoption, however, and you need help to ensure that the process plays out as smoothly as possible. Feel free to contact our Suffolk family law attorneys for experienced counsel regarding this area of law.
  • Child visitation: Allowing a non-custodial parent to visit their children according to a court-approved schedule can be an important step in promoting the healing process for a family where the parents have separated. Sometimes, however, visitation is a contentious issue that requires court intervention. Our legal team can help you with your child visitation issues to bring about the best possible outcome for you and your children.
  • Child relocation: Managing physical custody of children is often one of the most contentious issues for separating or divorcing parents. Matters can get even more acrimonious when the custodial parent wishes to relocate to another region without the approval of the other parent. Our family law attorneys in Suffolk County can aid you in sorting out this thorny issue.
  • Domestic violence: At the Law Office of Robert H. Montefusco, we understand that domestic violence is a serious matter. Victims of domestic violence in New York have the option of pursuing justice in family court as well as criminal court. Please contact us if you believe you are in need of a family court order of protection from a current or former member of your household.

Family Court

In New York State, cases involving custody, visitation, and support may be heard in Family Court. If the parties are married, those issues may also be heard in Supreme Court in connection with a divorce action. Additionally, the Family Court hears cases involving Orders of Protection between any “family member” as defined by the statute. Family Court was created by the New York State Legislature under the Family Court Act.

The Supreme Court has general jurisdiction, meaning that it can hear most types of cases. The Supreme Court derives its jurisdiction from the New York State Constitution, as opposed to state law. Although the Supreme Court can hear the same issues that the Family Court can, many feel that the procedures are more difficult to navigate. For example, in the Supreme Court, paperwork must be filed requesting a judge to be assigned to a case, whereas in Family Court, a judge is automatically assigned. Additionally, Family Court is well versed on family law issues because it does not hear other types of cases, and Family Court has statutory exceptions which are unavailable to those filing in the Supreme Court.

Don’t fight your case alone. Call the Suffolk County divorce lawyers at the Law Office of Robert H. Montefusco today by dialing (631) 801-0007. We serve Islip and Brookhaven.

Handling All Types of Divorce Cases

The dissolution of a marriage can be an emotionally trying period for those who go through the experience—not only the spouses but also any children. In many cases, the divorcing couple is able to reach an agreement regarding the fair division of assets and child custody obligations. Sometimes, though, it’s not possible for the two parties to arrive at a mutually-acceptable agreement about these issues. Contact the Law Office of Robert H. Montefusco, P.C., today to arrange a free consultation with a Nassau County and Suffolk County family lawyer near you.

Our team handles a wide range of divorce and separation issues, including the following:

  • Divorce: In 2010, New York State passed a “no-fault” divorce law, which allows couples to dissolve their union if one of the spouses claimed that the marriage has been in an irreversibly dysfunctional state for six months or more. Before this law, married couples were required to file for divorce on grounds such as adultery, abandonment, imprisonment, and similar issues. Our attorneys can look at your case and help you determine the best way to pursue your divorce.
  • High-income divorces: For high-net-worth individuals, the process of dividing assets as part of a divorce agreement can be particularly challenging. Often, there are many types of assets to be contended with which may or may not require expert appraisals, and you need an experienced lawyer in your corner to ensure that the assets are properly identified and valued. The Law Office of Robert H. Montefusco can help you sort out the potentially contentious issues involved in your high-income divorce.
  • Spousal maintenance (alimony): Spousal maintenance refers to regular payments that one spouse pays to the other in the aftermath of a divorce. The duration and amount of maintenance are based on multiple factors, including the length of the marriage and the earning capacity of each spouse. Our divorce and separation attorneys can aid you in resolving your spousal maintenance issues.
  • Contested divorces: Couples are often unable to reach common ground on one or more matters relating to their divorce agreement. Child custody arrangements and division of assets are just a few of the issues that can lead to ugly conflicts. We draw upon years of trial experience and a tough, aggressive approach to represent your interests.
  • Same-sex divorce: In New York State, same-sex marriage arrived with the passage of the Marriage Equality Act in June 2011. Same-sex couples are entitled to the same “no-fault” divorce rights as everyone else. Our law office can assist you with all aspects of your divorce, from child custody to division of property.
Testimonials
  • THE LAW OFFICE OF ROBERT MONTEFUSCO IS ONE IN A MILLION

    “Robert and his staff have always went above and beyond for me throughout every step of my brutal divorce and custody process. My case is currently still open and we are in 3 court rooms. Robert is exceptionally educated, experienced, and understanding when it comes to matrimonial law. The past 2 years of my life have been the most darkest and at times unbearable because of the mistake I made in choosing the wrong partner. At times, I would call their office literally 3-4 times A DAY panicking, stressing, obsessing, and mostly crying. I never felt I was annoying them or a nuisance; they were ALWAYS there for me. Robert is not only my attorney, many times he acts as my therapist and calms me down and subsides my fears. Maureen was there beside me to sign the papers to file for the hardest decisions of my life and she always helped in making the process as smooth and seamless as possible. Hope is an amazing asset as well. She is always there to answer any questions I have and always was an extra pair of ears for me to vent to. In choosing this law firm you not only get an amazingly experienced attorney, you get a FIGHTER. Robert defends and protects me aggressively and passionately every single court appearance. For the first time in my life I have absolutely NO FEAR walking into the courtrooms ever anymore because HE is by my side. I am confident that I not only have an amazing group of people working on my case every day, but I have found friends for the rest of my life. The words Thank You will never be enough for what each of them have done for me during this difficult time in my life. You guys ROCK!”

    Jessica P

  • What was most impressive, was his caring, both for the child and us, the grandparents.

    “The court awarded us custody and the child never entered the foster care system.”

    John

  • His passion for his work is unparalleled.

    “He fought for me every step of the way.”

    Genie

  • Attorney Montefusco is absolutely the best – – Period.

    “It’s truly a privilege to be represented by an attorney I feel is the best and I never worry when Robert’s by my side.”

    Francis

  • Honest and trustworthy

    “Honest and trustworthy. Gave great advice and streamlined the process”

    James

  • With Robert’s talent and experience, we never had to go to court.

    “I would definitely recommend Robert Montefusco. Thanks for all that you did for me.”

    Bob

  • I had an exceptional experience during a very difficult time.

    “All details taken care of, no loose ends.”

    Guy

  • He's as good as they come, no one will fight harder for you!!

    “If you're going through a divorce do yourself a favor and see this guy!!! He's as good as they come, no one will fight harder for you!!”

    John

  • You don't need a guppy, you need a Barracuda!

    “I was recommended to The Montefusco law firm by a friend who is a lawyer. He told me "You don't need a guppy, you need a Barracuda"! From the first free consultation (many years ago) to the present day, the entire staff was courteous, punctual, professional, and tolerant. I say that because I can be a tough customer to deal with, and I was never treated that way. I was always given the respect, time, and the opportunity to be heard. Hope and Monica were great on the phones, and taking down my concerns, and relaying them to Robert, Meaghan, or Maureen. I had a particularly rough time with my EX, and I was fighting for the rights of my son, and him now living with me. Robert had my back through the whole process. I am 100% satisfied with the outcome, and the entire team should take a bow! Robert always knew just what to say, and how to calm me down in moments of disbelief in the ongoing battles, and I feel I can include him in my 'inner circle' of friends. Meaghan did a great job of re-writing all of my oppositions, and even took my calls when she was at her home. And last but not least is Maureen. Maureen is a paragon. She could answer every question I had, and always gave me the respect I deserved. She and I got to know each other pretty well on the phones, and through emails. Often times I called to talk to Robert, and Maureen picked up, and helped me through my concerns. Thank you Robert, Meaghan, Maureen, Hope, and Monica! You made a really bumpy road seem navigable, and throughout the process, there was always a shining light at the end of the tunnel!”

  • Robert is not a stranger to arguing a motion. An added benefit that helped with my selection of Robert was his prior background as a Suffolk County Assistant District Attorney.

    “Although I am not an attorney, I deal with a lot of contact, intellectual capital and real-estate attorneys regularly and I’m a pretty good judge of character. Robert’s representation of me was outstanding!”

    Robert D.

Get to Know Us

The Attorneys at The Law Office of Robert H. Montefusco Are Here to Serve You
  • Aggressive
    Approach

  • Former Prosecutor
    Experience

  • Personalized
    Attention

  • Understanding
    Representation

  • Free
    Consultations

  • Raving
    Reviews