Astoria Divorce Lawyer

Welcome to Solomos & Storms PLLC

Divorce Lawyer Astoria

Divorce Lawyer in Astoria helping with Child Custody, Uncontested Divorce, and All Family Law Matters

Our goal is to resolve your case as quickly and efficiently as possible.

Child Custody; Visitation; Child Support; ACS Cases; Neglect Cases; Abuse Cases; Domestic Violence; Restraining Orders; Orders  of Protection.

Division of Marital Assets; Custody; Maintenance; Attorney’s Fees; Temporary Support; Settlement Agreements; Prenuptial Agreements

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Evictions; Foreclosures; Bankruptcy, Purchase & Lease Agreements; Business Lawyers; Personal Injury Lawyers

Divorce Lawyer Astoria

Divorce & Family Court Attorneys Solomos & Storms, PLLC

Divorce Lawyers in Astoria, NY., helping clients through complicated divorce and family court matters. Founders Jimmy Solomos, ESQ. and Derrick Storms, ESQ. will carefully guide you through any court conferences or trials, seeing your case through to completion.  We understand that Divorce Court and Family Court proceedings can be extremely stressful and place a financial burden on families.  Accordingly, we do our best to make the divorce process as fast and cost effective as possible.  We are committed to giving back to the community, view our Writing Scholarship given Biannually to College Students and Veterans.  

If  live in Astoria, NY. and are considering a divorce, give us a call for a free consultation.  We will give you an idea of what assets will be distributed in the divorce, such as pensions, real estate, stocks, bank accounts, and other assets.  We will discuss your options to obtain upfront spousal maintenance and child support, the possibility of having your spouse pay your attorney’s fees during the divorce, and other immediate relief that may be available to you.  Knowing your options before filing for divorce can help put you at ease.  We take pride in providing one on one attention to clients to properly educate them and guide them through the Divorce and Family Court process.  

Read our informative blog posts written by experienced Divorce and Family Lawyers to get an idea of the Divorce Process, the Family Court Process, a guide to Prenuptial Agreements, what you will be entitled to in a divorce, Orders of Protection and Restraining Orders, how to choose the right divorce lawyer, and many other issues that often come up in Divorce and Family Law cases. 

If you need help calculating Child Support, watch our informative video below, that takes you step by step through the process to calculate child support. 

Learn more about Child Custody, Child Visitation, Spousal Support, Maintenance, and how to get you spouse to pay your attorneys’ fees. 

CALL our experienced Family Lawyers and Divorce Lawyers for a FREE consultation and case evaluation – you will be provided with a wealth of knowledge!

Divorce Lawyer Astoria
Astoria Divorce Lawyer
I highly recommend Solomos and Storms to anyone that needs a divorce in Queens County. They make the divorce process easy. I didn’t even know that my spouse, who was making much more money than I was, would be required to pay my divorce fees, including my attorneys fees. I got everything I asked for in the divorce including maintenance and child support during the divorce and after the divorce.

Mark Ruz

Best divorce lawyer in Queens area. I was very happy with the way he handled my case, he was always available to answer my questions and guide me through the whole divorce process. I would highly recommend this lawyer for anyone living in Woodside, Middle Village and Queens area.

Sylvia Novotny

I hired queens divorce & family lawyer. I was impressed by their level of one on one attention that they gave me. They are very competent and lawyers that move fast. I would recommend divorce case and family case in queens.

Shania Lugo

I had a great experience with Queens Divorce Lawyer. They did an excellent job on two cases for me. one case was in divorce court and the other in family court. They know what they are doing & work fast. Anybody need a divorce lawyer or family lawyer in Elmhurst, Corona, or Woodside area should call them I recommend.

Sheri White

Absolutely amazing lawyers !!! They won my divorce case and family law case. They were so hardworking and relentlessly fought for me. I was able to get maintenance and child support and everything else I ask for. I would always go to this lawyers for help highly recommended them.

Claudineth Quinones

Veteran Owned Law Firm

child visitation divorce nyc
Courts Award Child Custody Based on the "Best Interest of the Child."

Divorce Lawyer Astoria: Child Custody

Parents who are in Divorce Court or Family Court will often find themselves battling over who gets custody of the children.   In order to get the court to decide who will get custody, a parent must first file a Petition for an Order of Custody. A non-parent or close relative may also seek child custody from the court. 

The court will award custody based on “the best interest of the child.”  The court will consider the child’s needs, the child’s desired parent, and the parent’s ability to provide for the child when awarding custody.  This is where experienced Divorce Lawyers and Family Lawyers can make all the difference — particularly preparing you for court hearings and presenting evidence to the court to put you in the best light possible.

We inform you what court’s look for to make Child Custody determinations and how to best position yourself for success in a custody battle.  Knowing how court’s make decisions is invaluable because it allows you to properly prepare for hearings, gather relevant evidence, and understand what facts the court will be most interested in.  Often, planning and preparation leads to success!

How to Calculate Child
Support in New York
(-- Child Support Video --)

How Calculate Child Support NY
The Amount of Child Support is Based on Income.

Divorce Lawyer Astoria: Child Support

In Astoria, as well as the rest of NYS., child support is determined by the parents’ income.  Watch our YouTube videos to get an idea of how much you will pay or receive in child support.  The New York Courts website also has a maintenance and child support calculator online.  Keep in mind, the judge can vary from the formula based on a variety of factors, such as spousal income, the specific needs, of the child and many other issues.

We assist with both filing Child Support Petitions in Family Court and defending respondents from excessive Child Support Payments.  We also file Pendente Lite motions for immediate Child Support in Divorce Court. 

In some cases a spouse may under report income in order to reduce child support obligations.  In these instances, an experienced attorney is vital to prove to the court that income is being underreported.  This often arises when a spouse owns his/her own business or is paid off the books.  In addition, if a spouse is provided with support from family or friends, this may be “imputed” as additional income.  Finally, if a spouse is voluntarily not working or working below their earnings capacity, the court may impute income to them. 

Our attorneys are well versed in business matters — which helps to identify when a spouse underreports income. 

How Long Is Child Support Paid in New York?

A parent in NY State may be required to pay child support up until a child is 21 years of age.  If the child is under 21 but married, in the military or self-supporting, the child is termed “emancipated” and the parent is no longer required to pay support.  If a child is disabled, child support may need to be paid until the child reaches 26 years of age.

These matters are to be determined by a Family Court Judge. When one parent is given legal custody of the child by the court, the parent may file a petition to get the other parent to pay child support. Please contact our experienced Family Court Lawyers in Astoria to get your FREE consult today. 

child support lawyer queens and nassau
Child Support is Paid Until the Child is 21.
Courts Afford Generous Visitation Rights

Child Visitation: Divorce Court & Family Court

A parent seeking visitation rights may file a petition for visitation.  The petition needs to be filed in the correct court.  For example, you can file a visitation petition in Queens Family Court if either parent resides in Queens, or if the child resides in Queens.  

The visitation petition is filed against the person or people who currently have legal custody of the child. Child custody and visitation matters are often heard in Family Court within the same proceeding. Other family members may also file petitions seeking visitation.

Consult an experienced Family Law Attorney to help you prepare your hearings.

Astoria Divorce Lawyer: How Do I Get Spousal Support?

Your Astoria divorce lawyer can obtain spousal support or maintenance (commonly referred to as “alimony” in other states) by filing a motion in divorce court or family court.  The amount of support will be based on the parties’ income.  If you make within 10% of your spouse, it is unlikely you will be granted spousal support.

Elmhurst Queens Divorce Lawyers
Spousal Support is Primarily Based on Income.

Family Court Attorneys: What Could Be Worse Than Getting Served
With An Order of Protection?

Order of Protection Queens
An Order of Protection or Restraining Order Can Be Obtained Almost Immedately!

The Family Court Lawyers at Solomos and Storms, PLLC have substantial experience with Restraining Orders and  Orders of Protection (OOP) in Family Court and Divorce Court.  Sometimes, during a separation or a divorce, a spouse may make an allegation which results in a Restraining Order or OOP being entered against you. In the event you violate the OOP, it won’t be pleasant: the police will show up at your door, enter your premises and likely arrest you. This can happen at a moment’s notice, if your spouse or partner reports that you have violated the OOP.

What will you do? If you get served with a temporary OOP, you need to fight back and do your best to avoid a final OOP being issued against you.  You should immediately contact your lawyer and start preparing a defense. Some OOP’s have an exclusionary provision–that will exclude you from your own home!  

Don’t do anything which will make matters worse, such as, sending your partner an angry text message.  This will likely be used against you in Court!  If you are served with an OOP, take it very seriously, and contact Solomos & Storms, PLLC to determine how to proceed.  Often, an OOP can be used to tarnish your image in a follow up divorce proceeding, which can be a headache.  

On the other hand, if you are being abused by your spouse or partner, harassed, or threatened call Solomos & Storms, PLLC to find out how we can help you obtain an OOP and a possible exclusionary order against your spouse or partner.

We will guide you through the process, tell you what to do and what NOT to do, we will fight for your rights, and your safety.  

When we take over your case, you’ll breathe sigh of relief knowing that you’re in great hands!  We are your go-to Family Lawyers & Divorce Lawyers in Queens, Brooklyn, Manhattan, Nassau, Suffolk, and Westchester – we’ve got your back!

Family Court Hears Order of Protection Cases.
Queens ACS Lawyer
ACS and Child Services Can Remove Your Children From You -- Be Careful!

Family Law Attorneys in Astoria:
ACS Cases

If you are being investigated by ACS for child neglect, child abuse, or an any other child protective proceeding, you should take immediate action. 

In certain cases ACS (the Administration for Children’s Services) will try to take your children from you.  You should hire an experienced Family Attorney to represent you during the ACS investigatory process prior to court and in court. Make sure you hire experienced trial counsel that knows the ACS process, Family Court procedures, and has experience with ACS cases.  An ACS hearing is a trial before a Judge, you will need to dispute ACS’s claims, object to ACS’s evidence, and present your own favorable evidence during the hearing. ACS cases are extremely serious matters. 

Best divorce lawyer in Freeport, Nassau area. The lawyers made the process as easy as can be expected in such situation. They always answer my phone calls and are always available to guide me and instruct me through the divorce process. I will highly recommend Nassau Divorce & Family Lawyer if you need a divorce and family lawyer in the area.


Divorce Lawyer Queens

Divorce Lawyer Astoria: Equitable Distribution of Marital Property

Equitable Distribution Lawyer Whitestone, Queens
Equitable Distribution Concerns the Distribution of Marital Property in a Divorce Case

Equitable Distribution in a Divorce Case concerns the allocation of Marital Property.  Marital Property is property acquired during the marriage, and can include: pension & retirement accounts, real estate, vehicles, stocks, bank accounts, cash, art work, and other assets and investments.  

Courts look to a variety of factors to determine how property will be divided, such as the length of the marriage, each spouse’s contribution to the marriage, and other factors.  If a spouse was physically abused, courts take this into account and may award a greater share of property to the abused spouse.

Personal Property Divorce Middle Village Queens
Separate Property also called Personal Property is Not Subject to Equitable Distribution.

What is Separate Property in a Divorce?

Separate Property also referred to as personal property is not subject to Equitable Distribution in a Divorce Case.  This means that each spouse keeps their personal property.  Examples of Separate Property include, gifts, inheritances, personal injury awards, and property acquired prior to the marriage.  For example, an antique car that you inherited would be Separate Property and you would keep the car in a divorce.

Real estate  can be a point of contention concerning Marital Property.  Even if the property was purchased prior to the marriage, a spouse may argue that they are entitled to a share of the appreciation.  Another issue concerns joint bank accounts, a spouse may claim that a shard account was treated as Marital Property.

A Prenuptial Agreement is the best way to protect your assets during a divorce.  The agreement must be entered into prior to marriage and there are strict requirements that must be followed in order for the agreement to be enforceable.  A Postnuptial Agreement can be entered into after the marriage.  Contact our Divorce and Family Lawyers to learn more. 

Divorce Lawyer Astoria: Who Keeps the Car in a Divorce?

divorce case car
The Court Will Determine if the Car is Marital Property or Seperate Property.

In order to determine who gets the car in a divorce case, the court will need to determine if the car is Marital Property or Separate Property.  

If the car is Separate Property, the current owner keeps the car.  If the car is found to be Marital Property, the parties will need to distribute the value.  One spouse can buyout the other spouse’s value (after an appraisal is made), or the car can be sold and the proceeds allocated between the spouses. Your divorce lawyers in Astoria, Solomos and Storms, with help you through the intricacies of property distribution, making sure you get what you are entitled to. 

Family Court Queens
The Court Determines Property Rights.
divorce retirement accounts
Your Spouse May Be Entitled to a Portion of Your Retirement & Pension.

Does My Spouse Get a Share of My Retirement?

In many divorce cases a spouse will be entitled to a portion of contributions made to pension and retirement accounts during the marriage: from the date you were married to the date you file for divorce.  The court will generally distribute retirement accounts, such as 401k accounts, pursuant to a Qualified Domestic Relations Order (QDRO).  This avoids early withdrawal penalties, because it is a court ordered transfer, not a withdrawal. 

alimony ny
Alimony (Maintenance) is Primarily Determined by the Spouse's Incomes.

Do I Have to Pay Alimony?

Alimony, which is referred to as Maintenance in New York, may be awarded on a case by case basis.  Court’s look at a variety of factors before awarding Maintenance, such as the income disparity of the spouses, the length of the marriage, age, health, and other factors. 

In many cases, if the spouse’s salary is within 10% of other other, Maintenance will not be awarded.

Lincoln Hearing Child Custody
At a Lincoln Hearing a Child Testifies Before a Judge Confidentially in Chambers.

What is a Lincoln Hearing in a Child Custody Case?

In a child custody case, the court may order a Lincoln hearing, where the child testifies in chambers, in camera.  The parties are not present, only the child and the child’s attorney are present.  A stenographer or court reporter takes down the child’s testimony.  

The child’s testimony is confidential.  This is done to protect the child from a spiteful parent who may not like the child’s testimony.  The parents and the parent’s attorneys will not be provided with the transcript.   If there is an appeal, the child’s transcript from the Lincoln hearing is forwarded to the Appellate Division under seal. 

domestic violence divorce nyc
Courts Take Domestic Violence Into Consideration When Distributing Marital Property.

Am I Entitled to Extra Money if My Spouse Abused Me?

NYC Divorce Courts take domestic abuse very seriously.  If your spouse abused you during the marriage you may be entitled to a greater portion of Marital Property, additional Maintenance, and other support.

tom brady divorce
The Number Disputes Effect the Time to Complete a Divorce Case.

How Long Does a Divorce Case Take in NYC?

The time to complete a divorce case in NYC will depends on the number of issues in dispute and the complexity of the case.  If there are many assets that the spouse’s cannot agree how to value and distribute, child custody disputes, requests for maintenance, and other disputes — the divorce will take longer — and can easily take over one year to complete.  

The Court will need to resolve disputes after a trial.  It can take months before your case is heard.

Divorce Mediation in NYC.

Divorce Lawyer Astoria: Mediation

In NYC divorce cases, settlement discussions or mediation may involve each spouse’s attorney negotiating and attempting to resolve disputes.  A Settlement Agreement may be reached that resolves all or some of the issues.

The Court will need to adopt the Settlement Agreement and issue a Judgement of Divorce. 

Brooklyn Divorce Lawyer
A Settlement Agreement Can Save Substantial Time & Money.

What is a Settlement Agreement in a Divorce Case?

A Settlement Agreement in a divorce case can resolve some or all of the issues.  Common issues concern: child custody, child visitation schedules, child support, maintenance payments, distribution of assets, distribution of retirement and pension accounts. 

A Settlement Agreement can save substantial cost and time because the issues will not have to be decided by the Judge after a hearing or trial.

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Without a doubt, Solomos & Storms has been a smart investment worth every penny both in terms of dollars-and-cents for my business and for my own peace of mind. I am happy to recommend their services.
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Derrick Storms
Derrick Storms' Recon Squad in the Iraq War (top left). Call sign "Ghost"

We Are a Veteran Owned Business

Solomos & Storms, PLLC is a Veteran Owned law firm.  Derrick Storms, Esq., one of the founding partners at the firm, served in the United States Marine Corps during the Iraq War in a Recon unit. 

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    33-08 Broadway, Astoria, NY 11106 

    102 Woodcleft Ave., Freeport, NY 11520

    When you contact us

    you can be assured that:

    You will receive one on one personal attention and guidance.

    We have over 40 years combined legal experience. We are the locals that know the ropes!

    You are extremely important to us, which is why your calls will always be returned as a priority.

    We are well known and well respected amongst local businesses and individuals in the community. We’ve been here a long time, and we’ll be here for you!

    We can help you settle your matter without going to court, if it’s appropriate, or go into battle on your behalf. We are trial tested.

    We are aware of the cost of litigation and we do our best to keep your cost as low as possible.

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