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Matrimonial Litigation Attorney

Nassau County, New York attorney Howard B. Leff has provided high quality representation to his clients in matrimonial litigation for over four decades. He understands that matrimonial matters can be very difficult for all involved, and that these deep seated emotions have the potential to affect subsequent decisions regarding the dissolution of the union. When parties cannot agree on the terms of the split, this is known as a contested divorce. Matrimonial litigation usually results from these types of cases as court intervention often becomes unavoidable. Matrimonial litigation is the process by which the court decides the financial terms of a divorce at a trial.  Not all divorce cases go all the way to trial, as they may settle while the litigation is proceeding.

The New York State courts give parties the chance to come to an independent agreement on all issues relating to the divorce.  The couple also has the option to pursue collaborative divorce or alternative dispute resolution.  If these attempts fail, litigation may be the last resort.  Each case is unique, but issues might include:

Pendente Lite Motions

Some of these issues must be decided in the beginning of a case on a temporary basis.  In this situation, an attorney might file a request for certain forms of temporary relief, called a “pendente lite” motion.  If granted, these types of motions provide temporary relief for a party during the course of the litigation.  They might be used to decide on issues similar to those above or for such things as exclusive use and occupancy of the martial residence, or prohibiting the use of marital assets during the pendency of the proceeding.  Howard B. Leff is skilled in the use of pendente lite motions and has utilized them to obtain excellent results for his clients on many occasions.

Motions to Preclude

Similar to other areas of the law, matrimonial litigation requires extensive pre-trial discovery.  Discovery is the process by which the parties to a divorce action exchange information.  This exchange may be in the form of documents, oral and/or written testimony and/or physical examinations.  During this time, parties can be asked to turn over documents, especially those of a financial nature.  They might also be asked to participate in a deposition (oral examination to answer questions) or provide answers to interrogatories (written questions).  If one party fails to provide the requested information, a motion to preclude can be used to exclude evidence of the same nature on the other parties’ behalf.  In other words, if a party refuses to provide financial information to the other party after a demand has been made, the party demanding that information can make a motion to the court to have the court preclude any evidence from being introduced at trial and relating to the other party’s financial affairs.  

Contempt

When a party fails to comply with a court order, the court can hold that party in contempt.  Contempt can have a number of consequences, including the issuance by the court of monetary fines and even jail.  Howard B. Leff is experienced in bringing contempt proceedings against spouses who refuse to comply with court orders.  

It is always a good idea to consult with an attorney regarding a divorce and it becomes essential when the divorce is contested and is headed towards litigation.  Experienced matrimonial litigator, Howard B. Leff, is always available to his clients.  He prides himself on guiding them through this trying time with regular communication and aggressive representation.  He is extraordinarily passionate about his work and always pays attention to detail.  If you are looking for a matrimonial litigation attorney in Nassau County, New York, choosing Howard B. Leff will allow you to rest assured that every detail of your divorce matter is covered.  Call (516)739-7500.


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Howard B. Leff, P.C. serves clients throughout Long Island, NY including Nassau County and Suffolk County, as well as Queens, Brooklyn, the Bronx, Manhattan, Staten Island and Westchester.



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