- DivorceNew York State law only recognizes divorces based upon fault-based criteria, though the parties may agree to enter into a separation and have the separation agreement or judgment be the further basis for a divorce after one year. The parties may also agree to an uncontested divorce as long as one of the parties is willing to allege one of the fault based grounds or has the requisite separation agreement or judgment.
- Child SupportThe parent of a child born out of wedlock is chargeable with the support of such child and if possessed of sufficient means or able to earn such means, shall be required to pay child support.
- Child Custody and VisitationChild Custody is separated into categories; physical custody (where is the child's main residence) and legal custody (who makes decisions about the child) Child Custody may be joint or it may be sole as determined by agreement or by court order. If custody is not decided upon by consent (with the court and a court appointed law guardian representing the child) then a hearing takes place at which both parties present evidence to determine who should have custody in the best interests of the child (or children).
- Adoption
- Paternity
- Spousal SupportEssentially your Household income (any money received from wages for husband and wife, any social security, disability, child support alimony, etc.) minus your reasonable expenses (food, gas, mortgage, car payment, etc.) equals your monthly payment to the Court appointed trustee.
- Corporate LawForsyth, Howe, O'Dwyer, Kalb & Murphy, P.C. maintains an active practice in the area of corporate and business representation focusing on small to mid-sized companies throughout Upstate New York.
- Business Disputes
- Business Transactions
- Limited Liability CompaniesThe firm believes that all multimember corporations, limited liability companies and partnerships need to have clear and concise agreements in place between owners.
- Employment Contract
- Real Estate LitigationCommercial Lending Law; Real Estate Law; Mortgage Banking Law; Creditor’s Rights and Collection Law; Bankruptcy Law.
- Real Estate TransactionsIn New York, unlike many other states, it is common for each of the parties in the real estate transaction to be represented by counsel, including the seller and buyer, as well as the lender. Experienced counsel should assist with the negotiation, drafting and approval of the real estate purchase contract and should be involved in all phases of the transaction.
- Land Use and Zoning
- Landlord-Tenant DisputesForsyth, Howe, O'Dwyer, Kalb & Murphy, PC represents a wide range of both residential and commercial landlords in issues ranging from lease drafting and negotiation to eviction proceedings.
- Medicaid PlanningOur law firm stands ready to assist you in making a decision to move into senior living, assisted living or nursing home; in preserving assets through Medicaid planning or in applying for Medicaid.
- Estate PlanningYou have worked hard your whole life and it is you that should decide how your assets are distributed when you are gone. We can help you achieve your goals with our experience and expertise in estate planning and will explain options and guide you so that you reach your goals in developing a plan that meets your needs.
- Wills
- TrustsWe employ over 45 personnel and concentrate in the legal areas of banking and finance, commercial/bankruptcy law, secured lending/asset recovery, real estate, title insurance, business and corporate law, trusts and estates, higher education law, and municipal law.
- Power of AttorneyIf you are a caregiver, we can work with you so that you understand what legal documents are necessary to enable you to make decisions for the person you are caring for -- documents such as power of attorney and health care proxy. We can help you through the early stages of caring for someone to ensure that you are prepared for that loved one’s transition to assisted living or nursing home care and to make that transition easier and less stressful for you.
- Probate
- BankruptcyChapter 7 Bankruptcy is an opportunity for an individual or couple to emerge out of a financial crisis and start afresh. Chapter 7 Bankruptcy is often termed a “total liquidation,” meaning your debts are eliminated in full, but you are subject to the possibility of property loss. However in most cases, debtors walk away from their Bankruptcy without losing any property while also eliminating their debt in full. This is because most assets that debtors have are considered necessities and deemed “exempt” from turnover. Exempt assets include equity in your home, your vehicle, household furnishings, clothing, bank accounts and pensions and retirement accounts.
- ForeclosureIf you have fallen behind on your Mortgage Payments or Real Estate Taxes and are facing the loss of your home through Foreclosure, there is still help available for you to help you keep your home. A Bankruptcy can help you save your home.
- Tax Law
- Debt CollectionFORSYTH, HOWE, O’DWYER, KALB & MURPHY, P.C. located at One Chase Square, Suite 1900, in Rochester, New York, was founded as a firm in 1950. Members of its predecessor firms have been preeminent members of the Rochester legal community since the 1890’s. The firm has been honored as a member of Rochester’s Top one hundred growing businesses on three occasions.