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Michael E. Underwood

Michael E. Underwood

Experience to help guide you. Our team will help you get the results you deserve
  • Divorce, Family Law
  • New York
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Summary

Thank you for considering my firm for your divorce or family law matter. I know the system and how to save you both time and money on your divorce.

Please contact me by phone or by email to schedule a free consultation.

I enjoy helping people transition in a difficult part of their lives. On average, I help about 100 people (per year) get divorced.

The fastest divorce I have done was about 30 days but (on average), a divorce takes between 60-90 days.

I have a proven track record of success, sound judgment and discretion.

As for our firm, we are conveniently located 7 minutes east of downtown Syracuse in Fayetteville, New York on Lyndon Golf Course in the White House.

We proudly offer free parking and complimentary beverages at your appointment. In addition, night and weekend hours are available!

Practice Areas
  • Divorce
  • Family Law
Additional Practice Areas
  • Equitable Distribution
  • Spousal Maintenance
  • Qualified Domestic Relations Order
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    Divorce & Family Law Matters are billed per hour with an initial retainer payment. Contact me today for a free consultation!
Jurisdictions Admitted to Practice
New York
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Federal Circuit
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Languages
  • English: Spoken, Written
  • French: Written
Professional Experience
Intern
Onondaga County District Attorneys Office
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Education
Western Michigan University Cooley Law School
J.D. | Litigation
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Activities: Moot Court Judge
Western Michigan University Cooley Law School Logo
Lynchburg College
B.A. | Speech Comm.
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Honors: Deans List Community Service Award
Activities: President Phi Delta Theta NCAA Division III Men's Soccer
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Awards
Top 100 Lawyer by The American Society of Legal Advocates
American Society of Legal Advocates
Top 10 Family Law Attorneys by American Jurist Institute
American Jurist Institute
"10 Best" Attorneys in New York
American Institue of Family Law Attorneys
“10 Best” Attorneys in New York by the American Institute of Family Law Attorneys (2016)
Top 100 Lawyers
The National Advocates
Professional Associations
New York State Bar # 4289765
Member
- Current
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Publications
Articles & Publications
How to Save Time and Money on Your Divorce
cnydivorce.com
Certifications
NY Attorney
New York Bar Association
Notary Public
NY
Real Estate Broker
NY
Legal Answers
6 Questions Answered

Q. My husband has supported me for 2 years as I started my business w/no salary. Will he support me until I can?
A: Maybe. NY divorce matters have a calculation for spousal maintenance so if there is a large difference in income between you and your spouse you may be eligible for spousal maintenance and counsel fees during your divorce matter. The duration of spousal maintenance is between 15%-30% the years of marriage (not the years of living together). Child support is until your child is 21 or emancipated (18 and in the military or married, etc.)
Q. I live in New York and my husband lives in Montana. What state do we file for divorce in?
A: Maybe either state. Not sure about Montana's laws but for NY in order to get divorced in NY: The residency requirements for a NY divorce are: 1. The parties were married in New York, and either party lived in New York for one year prior to filing. DRL 230(1) 2. The parties resided in New York as husband and wife, and either party lived in New York for one year or more prior to filing. DRL 230(2). 3. The cause of action occurred in New York, and either party lived in New York for one year or more prior to filing. DRL 230(3). 4. The cause of action occurred in New York, and both parties live in New York at the time of filing. DRL 230(4). 5. Either party has lived in New York for two years or more prior to filing. DRL 230(5).
Q. My husband was injured and we go some settlement money but now we're getting a divorce.
A: Typically personal injury settlements are separate property that are not divided during a divorce. If the settlement was kept in a separate bank account, probably you are not entitled to it. If it is commingled with marital funds, it could be marital property.
Q. My spouse wants to buy me out of the our home. I don't want to sell because the appraised price come in ridiculously low
A: In short - usually yes. During the equitable distribution portion of a divorce and assuming the house you are referring to was purchased during the marriage, the court typically allows 6 months to 1.5 years to refinance a mortgage on jointly owned property or otherwise have a sale. If there is a refinance, the other party is paid roughly 50% of the marital equity in the home or if there is a sale, the proceeds are divided.
Q. With presumption of parentage if the biological father comes into the picture does he have any rights?
A: In short, yes. As long as the child is under 21 years old, you may start a paternity proceeding to establish paternity and also have parenting time with the child depending on the circumstances.
Q. If I am legally separated from my wife, can we still file joint tax returns?
A: Typically you are not able to still file a joint tax return as the IRS code details: Unmarried persons. You are considered unmarried for the whole year if, on the last day of your tax year, you are either: Unmarried, or Legally separated from your spouse under a divorce or separate maintenance decree. State law governs whether you are married or legally separated under a divorce or separate maintenance decree. However, you should consult with your accountant for this question for more details.
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Contact & Map
The White House
7030 E. Genesee Street
Fayetteville, NY 13066
USA
Telephone: (315) 445-3005