New York Divorce and Criminal Defense Lawyer Robert G. Smith

Click here to read our FAQ page.

With more than 30 years of trial experience, I am confident that I can adequately identify and advocate for your interests in the trial court and before appellate tribunals. I am as comfortable defending a murder indictment as a divorce case.

One of the important services that a good lawyer provides is to construct a cohesive, logical and sensible theory of your case for presentation to the Court and to convince your opponent that a settlement is the most prudent course to pursue. It is extremely important that you have an effective advocate who can build your case, and who will go the distance for you. No matter what is involved in your case, I am here to complete the assignment for you. From the moment we first meet, I will be thinking about the evidence we will need, my opening statement, the legal arguments that we will advance (or confront), your testimony, my cross examination of your spouse, the witnesses (both friendly and hostile), and the summation in your case.

Here is an overview of the legal services I provide:

Divorce

You don’t need the permission of the State Of New York to date someone, or to have children. But when someone files for divorce or child custody, the rules suddenly change. Now you are playing by New York State’s rules. More on divorce.

Spousal Support

All but the very wealthy cannot afford to maintain two households in the same lifestyle. The “monied spouse” should not vacate the marital residence unthinkingly, or out of guilt. If you are the non-monied spouse involved in a divorce, you have important rights provided by the State Of New York that will help you survive financially until the trial or final settlement. More on temporary support.

Protecting Your Assets

A divorce is the dissolution of a partnership in which there is a shrinking pot. Every dollar earned and every asset acquired from the moment of marriage is a marital asset. Under New York law, that includes a medical degree, or a law degree, and the increase in the value of assets that were owned before the marriage. The New York divorce court will make an "equitable" (not necessarily equal) division of the marital assets. The division of those assets is a very important task which should be approached with both purpose and discretion. More on protecting your assets.

Custody and Visitation

My goal as your attorney is to help you protect your relationships with your children. Under New York law, joint custody cannot be ordered unless the parties agree. And according to the New York Law there is no preferential right to child custody in either parent. Neither is there a link between “marital fault” (adultery) and custodial fitness. Fathers with full time jobs can win custody. Mothers with mental illness won't necessarily lose custody. More on custody and visitation.

Orders of Protection

Domestic Violence is an important issue in our society. It can also be a weapon of choice for a spouse who seeks to obtain advantage in a divorce case. If you are being hurt or harassed by your spouse before, during or after your divorce, an order of protection (OP) can keep your spouse away from where you live, work or visit. More on protection orders.

Paternity Proceedings

If you are single and pregnant, or someone claims you made them pregnant, you should clarify your legal rights and obligations as soon as possible. Children born out of wedlock have the same support rights as children born to parents who are married to each other. Even though the parents may know the identity of the father of the child, they must complete a voluntary Acknowledgment of Paternity. More on paternity actions.

Criminal Defense

If you have been accused of a crime, you need an effective advocate who can stave off prosecution and keep you out of jail. More on criminal defense.

Serving clients in criminal and family court in the five boroughs of New York City, including Manhattan, Brooklyn, the Bronx, Queens and Staten Island, as well as counties of Nassau, Westchester, Putnam, Orange, Suffolk and Rockland.

Free Consultation: Call 212-499-0940

Nationally Recognized Divorce Attorney
Television Commentator on Divorce and Criminal Defense Issues