Martin S. Butcher, Esq.

12/15/2021

I am very happy to have been included as one of the top lawyers for family law in the Hudson Valley for the second year in a row. https://hvmag.com/life-style/hudson-valley-best-top-lawyers-2022/ #16.

From adoption law and commercial litigation to medical malpractice and tax law, the Hudson Valley's top lawyers have the expertise you need.

10/12/2021

Thank you to Hudson United Title for including me in the attorney spotlight. Happy to be working with Diane M Blanton and the team at Hudson United on several transactions at the moment.

07/06/2021

“How long will the divorce take?”

- The more you and your spouse can agree on, the quicker the divorce can be resolved.
- An uncontested divorce where the parties reach an agreement quickly can be finalized in a matter of weeks.
- Most divorces are resolved within 6-12 months, depending on the ability to obtain key information and efficient communication between all involved.
- Contested or complex divorces can take longer than a year and are largely dependent on the Court’s schedule.

07/06/2021

“What will happen with our assets, debts, and insurances?”

- Automatic Restraining Orders come in to place with the commencement of a divorce action, limiting what actions a party can take without agreement or court order.
- Health insurance cannot be modified until the divorce is final, which is a qualifying event to allow changes to be made outside of the open enrollment period.
- A party without health insurance will be eligible for COBRA continuation coverage for 36 months after the divorce is final. Coverage may also be available through the NYS marketplace at a lower cost.
- Other insurance policies, such as car/life/homeowner/rental insurance, should also remain the same until there is an agreement the parties or an order of the court.
- Assets cannot be sold, transferred, hidden or disposed of until there is a resolution of the case, and the court will impose penalties upon anyone that violates the restraining orders.
- Debt incurred during the marriage is presumed to be a marital obligation and will be split between the parties unless the Court determines the debt was incurred only for one parties’ benefit.

07/06/2021

“How will the bills get paid”

- The court will look to maintain the financial “status-quo” until a final decision can be made.
- If you already have a system in place to pay the bills, you should try to continue using that system until such time as a Stipulation of Settlement is in place.
- If you are not able to reach an agreement with your spouse about paying marital bills, your attorney can make an application to the court for a determination of the parties’ financial obligations on a temporary basis.
- If the bill benefits the family, the court will generally consider it a joint obligation regardless of who’s name is on the account.

07/06/2021

“How is maintenance and child support decided?”

- The guidelines amount of maintenance and child support are calculated using formulas that provide the presumptive amount of support based upon the families’ combined income after certain adjustments are made.
- The Court can set support above or below the “guidelines” amount if deemed appropriate.
- Child support is a percentage of income that increases for each child that you have, with one child receiving 17% of the income and five or more children receiving at least 35%.
- “Add-on” expenses, such as child care, health and educational expenses, are generally split proportionate to your respective incomes.
- Maintenance is determined using a multi-step formula based upon the parties’ respective incomes.
- The duration of maintenance is also determined based upon length of marriage, ranging from a duration of 15% to 30% for a marriage of less than 15 years, to a duration of 35% to 50% for a marriage over 20 years long.
- The parties can agree to deviate from these guidelines, provided they give a reason.

07/06/2021

“What happen will with the kids?”

- Courts generally look to maintain the “status quo” by keeping children in their current home unless there is a good basis to make a change, in which case a short hearing may be required.
- Each party is entitled to regular access to the children and to be involved in the decisions that impact them unless the court determines otherwise.
- Individual therapy for the children, Family therapy as a group, and parenting classes, can be useful to address fears and concerns, enable positive communication, and establish a good co-parenting relationship, which will be of great benefit to both you and your children. Several programs are available online and can be taken at your own pace.
- If custody becomes a contested issue, an attorney will most likely be appointed to represent the children in your case.

07/06/2021

“What documents should I bring to my consult?”

- You should provide a copy of any papers you have received from your spouse or their attorney, and a copy of any pre-nuptial or other written agreement you may have with your spouse.
- Be prepared with a rough overview of the families’ finances, including incomes, assets and liabilities.
- You should be asked to complete an intake questionnaire, giving your contact information, your spouse’s contact information, and information on your children, among other details.
- After the consult, you will be asked to prepare a Statement of Net Worth which greater detail on your expenses, income, assets and liabilities.
- You will be asked to provide copies of financial documents that relate to your case, such as bank and credit card statements, loan applications, paystubs and tax returns, but these are not needed for the initial consultation. You should begin gathering those documents early so you have them ready once your attorney asks for them.

07/06/2021

“I have an appointment to speak with an attorney but I don’t know what to ask”

- Many attorneys provide an intake sheet for you to fill in that will help guide the discussion. You can access our intake sheet at martinsbutcher.com.
- Make a list of priorities before your consult so you can focus on what is important to you.
- Meeting with an attorney can be daunting. It is common for a friend or family member to come along for moral support, just be aware that this raises issues of confidentiality.
- The attorney will go through the facts of the case to assess what arguments could be made to your benefit, as well as those that might be used against you.
- Generally, these meetings can last an hour or more, and it is not uncommon for clients to remember questions after they leave.
- Martin S. Butcher, Esq., is always happy to answer any questions you may have. Call (845) 232-0260 or email [email protected].

07/06/2021

“I think my spouse has retained an attorney”

- If your spouse has retained an attorney, you will either receive a letter from that attorney asking you to contact them to discuss settlement or you will be served with a Summons and Complaint.
- If you are approached by a process server with a Summons and Complaint, do not try to avoid service. Accept the papers so you know what is being sought.
- Once you are served with a Summons and Complaint, you should submit an Answer to tell the court you intend to be involved in the action. You have between 20-30 days to submit an Answer, although this is not a firm deadline.
- If you are not intentionally delaying the case, you will be able to get additional time to appear. You should seek to retain an attorney at this point.