- DivorceThe Law Office of Heather L. Winters, PLLC handles all aspects of contested and uncontested divorces. In October, 2010, there was a substantial change in New York State Law which provides for the granting of a divorce on the grounds that the marriage has been irretrievably broken for a period of six months or more. The significance of this new legislation is that it is now possible to obtain a divorce even over the objection of the other spouse. It is no longer necessary for one party to be deemed at fault for the demise of the marriage. For a party to obtain a divorce, there must either be an agreement reached as to all aspects of the marriage (financial and otherwise) or there must be a trial before a Justice and the Justice will make the ultimate decision on the remaining issues. It is only after all ancillary issues are addressed (whether by agreement or by Order) that a Judgment of Divorce can be granted.
- Child SupportThere are several types of custodial arrangements that can be reached by agreement of the parties or by the Court. It is important to understand at the outset that there are two aspects to custody, 1) legal custody and 2) residential custody. Legal custody refers to decision making regarding all issues affecting the child(ren), such as health, education and religion. Residential custody, as the name suggests, refers to where the child(ren) will be residing, which may affect school residency requirements and also which parent will receive child support.
- Child Custody and VisitationHas been representing clients throughout the New York Metropolitan area in countless legal matters, including Contested/Uncontested Divorces, Spousal Support, Separation Agreements, Pre/Postnuptial Agreements, Equitable Distribution, Child Custody & Parental Access (Visitation), Child Support, Relocations, Orders of Protection, Modifications & Enforcement Proceedings, Grandparents' Rights, Adoptions, Name Changes, Real Estate and Estate Matters.
- Adoption
- Spousal Support
- Real Estate TransactionsIn addition to Matrimonial and Family Law, Ms. Winters handles adoptions (agency and private placement), name changes, real estate transactions, probate matters and various other aspects of the law.
- WillsHeather L. Winters, PLLC can assist you with care, sensitivity and knowledge throughout all of your estate matters in the Surrogate's Court of Nassau and Suffolk Counties, as well as the five boroughs of New York City. We will prepare and file all necessary paperwork and represent you in any court appearances, if necessary, in order to submit a Last Will and Testament to probate or if a loved one died without a will, determining if an administration proceeding must be commenced or if certain assets can be distributed without the need for filing. In addition, we can assist with final accountings for an Executor or Administrator of an Estate.
- Probate