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Cory James Missell Lawyer

Cory James Missell

VERIFIED
DUI-DWI, Family Law, Criminal, Divorce & Family Law

Cory Missell was born and raised in Western New York. He has lived in the Rochester, Finger Lakes and Buffalo Areas. He is a graduate of Hobart Col... (more)

Ann  Giardina Hess Lawyer

Ann Giardina Hess

VERIFIED
Divorce, Divorce & Family Law, Mediation, Collaborative Law, Custody & Visitation

With Ann Giardina Hess, you can be confident that you are being represented by a child custody and divorce attorney that will protect your rights and ... (more)

Donna L. Haslinger

Estate Planning, Family Law, Alimony & Spousal Support, Divorce, Slip & Fall Accident
Status:  In Good Standing           

Jerry A. Gambino

Estate Planning, Labor Law, Employment, Family Law, Personal Injury
Status:  In Good Standing           
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William J Kita

Estate Planning, Family Law, Insurance, Litigation
Status:  In Good Standing           

James P Burgio

Litigation, Estate Planning, Family Law, Insurance
Status:  In Good Standing           

Hilary C. Banker

Litigation, Estate Planning, Family Law, Insurance
Status:  In Good Standing           

Linda M. Dipasquale

Family Law, Divorce, Child Support, Adoption
Status:  In Good Standing           

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Steven P. Curvin

Construction, Estate Planning, Family Law, Insurance
Status:  In Good Standing           

Thomas J. Grillo

Family Law, Medical Malpractice, Construction, Corporate
Status:  In Good Standing           

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LEGAL TERMS

MARITAL TERMINATION AGREEMENT

See divorce agreement.

ACCOMPANYING RELATIVE

An immediate family member of someone who immigrates to the United States. In most cases, a person who is eligible to receive some type of visa or green card ca... (more...)
An immediate family member of someone who immigrates to the United States. In most cases, a person who is eligible to receive some type of visa or green card can also obtain green cards or similar visas for accompanying relatives. Accompanying relatives include spouses and unmarried children under the age of 21.

FAMILY AND MEDICAL LEAVE ACT (FMLA)

A federal law that requires employers to provide an employee with 12 weeks of unpaid leave during a year's time for the birth or adoption of a child, family hea... (more...)
A federal law that requires employers to provide an employee with 12 weeks of unpaid leave during a year's time for the birth or adoption of a child, family health needs or personal illness. The employer must allow the employee to return to the same position or a position similar to that held before taking the leave. There are exceptions to the FMLA: the most notable is that only employers with 50 or more employees are covered--about half the workforce.

GUARDIAN AD LITEM

A person, not necessarily a lawyer, who is appointed by a court to represent and protect the interests of a child or an incapacitated adult during a lawsuit. Fo... (more...)
A person, not necessarily a lawyer, who is appointed by a court to represent and protect the interests of a child or an incapacitated adult during a lawsuit. For example, a guardian ad litem (GAL) may be appointed to represent the interests of a child whose parents are locked in a contentious battle for custody, or to protect a child's interests in a lawsuit where there are allegations of child abuse. The GAL may conduct interviews and investigations, make reports to the court and participate in court hearings or mediation sessions. Sometimes called court-appointed special advocates (CASAs).

NO-FAULT DIVORCE

Any divorce in which the spouse who wants to split up does not have to accuse the other of wrongdoing, but can simply state that the couple no longer gets along... (more...)
Any divorce in which the spouse who wants to split up does not have to accuse the other of wrongdoing, but can simply state that the couple no longer gets along. Until no-fault divorce arrived in the 1970s, the only way a person could get a divorce was to prove that the other spouse was at fault for the marriage not working. No-fault divorces are usually granted for reasons such as incompatibility, irreconcilable differences, or irretrievable or irremediable breakdown of the marriage. Also, some states allow incurable insanity as a basis for a no-fault divorce. Compare fault divorce.

CONNIVANCE

A situation set up so that another person commits a wrongdoing. For example, a husband who invites his wife's lover along on vacation may have connived her adul... (more...)
A situation set up so that another person commits a wrongdoing. For example, a husband who invites his wife's lover along on vacation may have connived her adultery, and if he tried to divorce her for her behavior, she could assert his connivance as a defense.

CHILD

(1) A son or daughter of any age, sometimes including biological offspring, unborn children, adopted children, stepchildren, foster children and children born o... (more...)
(1) A son or daughter of any age, sometimes including biological offspring, unborn children, adopted children, stepchildren, foster children and children born outside of marriage. (2) A person under an age specified by law, often 14 or 16. For example, state law may require a person to be over the age of 14 to make a valid will, or may define the crime of statutory rape as sex with a person under the age of 16. In this sense, a child can be distinguished from a minor, who is a person under the age of 18 in most states. A person below the specified legal age who is married is often considered an adult rather than a child. See also emancipation.

SHARED CUSTODY

See joint custody.

BRIEF

A document used to submit a legal contention or argument to a court. A brief typically sets out the facts of the case and a party's argument as to why she shoul... (more...)
A document used to submit a legal contention or argument to a court. A brief typically sets out the facts of the case and a party's argument as to why she should prevail. These arguments must be supported by legal authority and precedent, such as statutes, regulations and previous court decisions. Although it is usually possible to submit a brief to a trial court (called a trial brief), briefs are most commonly used as a central part of the appeal process (an appellate brief). But don't be fooled by the name -- briefs are usually anything but brief, as pointed out by writer Franz Kafka, who defined a lawyer as 'a person who writes a 10,000 word decision and calls it a brief.'

SAMPLE LEGAL CASES

Chowdhury v. Rodriguez

... II. Labor Law § 240 (1) and § 241 (6). Labor Law § 240 (1) and § 241 (6) contain identical language exempting from the statutes "owners of one and two-family dwellings who contract for but do not direct or control the work" (compare Labor Law § 240 [1] with § 241 [6]). ...

MATTER OF SPENCER v. Spencer

... Under New York's version of UIFSA, "[a] tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state" (Family Ct Act § 580-611 [c]). In Connecticut, a court may issue an order of support for a child who is under ...

Ortega v. Puccia

... The defendants argued that summary judgment was appropriate under the single-family homeowners' exemption of Labor Law §§ 240 and 241. ... Unlike Labor Law §§ 240 and 241, section 200 does not contain any single- and two-family homeowners' exemption. ...