Family & Matrimonial Law

Albany, New York

Whether you’re building a family or dissolving a marriage, the team of attorneys at Tully Rinckey PLLC – led by a former family court judge – has deep experience and a wealth of knowledge in helping families navigate these intricate family and matrimonial legal matters. We can help you whether you’re getting married or divorced, adopting a child or sharing custody of one. We’ve handled thousands of cases like yours, and we’re well-versed in the many complex aspects of family and matrimonial law.

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The team of family and matrimonial law attorneys at Tully Rinckey PLLC are equipped to handle the many facets of family and matrimonial law. Whether you are seeking a divorce, child custody, a separation agreement, or need legal advice on adoption, we are ready to help.

Our attorneys are available and ready to represent you in matters relating to:

Our team draws upon their more than 300 years of experience practicing law to secure positive legal outcomes for their clients. Our bench consists of many distinguished attorneys, including:

Former Family Court Judge Peter Charnetsky

Seasoned Litigator Mario Cometti

AVVO Top Attorney and Super Lawyer Award Recipient Barbara King

When it comes to divorce, our lawyers are experienced in representing spouses in legal separations, contested and uncontested divorces, and annulments. We can put you in position to receive fair settlements, equitable distributions of wealth and property, and the support you deserve. We understand your legal rights as a parent or guardian and can help you realize the outcome you want to see.

Many people choose to adopt a child or sibling group as a way to add to their family. Stepparents often adopt the children of their spouse, and family members may also adopt the children of relatives. Our attorneys can provide you with guidance on the adoption process and represent you in court.

With respect to marriage matters, we can protect you against future disputes with legally strong marital agreements.

No matter the family or marital issue you face, the respectful, knowledgeable and experienced attorneys at Tully Rinckey handle your legal representation with sensitivity and care. We protect your rights and fight to help you realize the legal outcomes you desire. Let us represent you today.

To schedule an initial consultation, contact us 24 hours a day, 7 days a week, at (888) 529-4543 or


Divorce or separation can be an extremely difficult, confusing and stressful time for any individual or family.

It is important that you have a divorce attorney who recognizes your emotions and is sensitive to them. Our Divorce & Family Law practice has knowledgeable and experienced divorce attorneys who strive to meet your needs and wishes in an assertive, yet compassionate manner.

Whether you are thinking about the possibility of divorce or are already in the middle of one, you will attain greater peace of mind if you have reliable information about divorce law and the legal process. One of our goals at Tully Rinckey PLLC is to make you feel as comfortable as possible by answering your questions, listening to your concerns and keeping you up to date with the status of your case.

Our service is not limited to your divorce. Our lawyers are equipped to handle all your needs before, during and after a divorce or legal separation. From issues directly related to your family, including child custody, visitation and support to updating your important legal documents. Our attorneys help to get you back on track with your life. At Tully Rinckey PLLC, your case is not just our business, it’s personal.

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Family and Matrimonial Law

Family and matrimonial law involves some of our most important relationships. Whether you want to adopt a child, obtain a divorce, legally separate, or seek custody of your children, family law issues can be complex and fraught with emotion.

The experienced team of family law attorneys at Tully Rinckey PLLC stands ready to help. Our attorneys can explain your rights and responsibilities, handle negotiations, and, if necessary, aggressively represent your interests in court. Protect your rights and get peace of mind by working with one of our professional, caring attorneys.


The adoption process is an exciting time for hopeful parents as they open their hearts and homes to a child. However, this process is also one that involves legal complexities that often need the attention of an experienced lawyer.

Basics of Adoption

Adoption is the means of establishing the legal relationship of a parent and child between individuals who are not so related in order to promote the best interest of the child. While adoption severs legal ties between the child and one or both birth parents, the adoptive child forms ties with new family members.
Through adoption, an adult other than the birth parent becomes responsible for the child’s physical and emotional well-being. There are many different types of adoption including domestic adoptions such as through an agency, private adoption, stepparent, foster or second parent adoptions, as well as international adoptions.

Adoption laws vary from state-to-state, making it vital to have the help of a knowledgeable adoption attorney to guide you through the process. At Tully Rinckey PLLC, our lawyers will ensure your adoption is legally sound in New York State and can also help make arrangements for counseling and other services before and after the adoption is finalized.

We will make sure that all your rights are protected. Not only do birth parents need to be aware of what it means to terminate their legal rights as a parent, but the adopting family should understand the new relationship that they are entering in to.

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Child Custody

If you are interested in finding out more about our services please call: 1-888-529-4543 or email:

We look forward to hearing from you. Click the links below to find more information about the legal process of custody:

  • Child Custody
  • Child Support
  • Child Visitation
  • Child Abuse or Neglect
  • Paternity
  • Juvenile Delinquency

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Equitable Distribution

Equitable distribution involves the dividing of marital assets as a result of the termination of a marriage.

Equitable distribution looks at the financial situation that each spouse will be in after they separate and/or divorce. There is a belief that each party will receive 50% of the marital assets, but this is a rebuttable presumption.

Some of the factors that are evaluated when determining equitable distribution are:

  • Age and Health
  • Income and Earning Power
  • Property of each spouse
  • Duration of Marriage
  • Probable future financial circumstance of each spouse
  • Value each spouse contributed to family
  • Responsibility for providing for children, tax, inheritance and pension consequences
  • Liquidity of property and assets
  • Wasteful dissipation of assets by either spouse or economic fault
  • Spousal Support or Maintenance Payments

Marital Property

Marital property is property acquired by either spouse individually or the couple together during the time of marriage.  There are three exceptions: inheritance received by one party, gifts given to one spouse by a third party, and compensation for personal injury received by one party.

Non Marital Property

Separate or non-marital property is the property the each individual spouse brings into the marriage. However, in order for property to remain separate it should be kept in only one spouse’s name and not commingled with other marital property. Once separate property has been mixed, it is presumed to be marital property.

Businesses, professional licenses and practices, and earning potential are also considered “property” and are subject to equitable distribution. There is an important distinction between separate and marital property because this affects how property is divided. Upon divorce, separate property remains the property of the person who owned it prior to the divorce. Marital property, on the other hand, is divided between the spouses. In addition to the assets acquired during marriage, marital debt is also evaluated and equitably distributed upon divorce.

If you have questions or need help with an equitable distribution legal matter, please call Tully Rinckey at 1-888-529-4543 or email:

Marital Agreements

If you are interested in finding out more about our services please call: 1-888-529-4543, or e-mail

We look forward to hearing from you. Click on the links below to find more information about legal agreements:

  • Separation Agreements
  • Prenuptial Agreements
  • Postnuptial Agreements
  • Cohabitation Agreements

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Spousal Support

When a couple separates or divorces, one spouse may be eligible to receive financial support from the other in the form of spousal support or spousal maintenance (previously referred to as alimony).

The two parties can reach a mutual agreement or spousal maintenance may be an Order of the Court. Ideally, the purpose of spousal support is to allow a lower income spouse to become self-sustaining after the termination of the marriage.

There are different types of spousal support:


“Pendente lite” or temporary spousal support can be issued pending the official termination of the marriage. This temporary order is replaced by a final order once a ruling has been made or an agreement reached in the case.


Rehabilitative Support is another name for spousal support – payments given to a spouse over a period of time that are designed to enable the individual to obtain a career (through education of training) and become self-supporting.


Depending on the particular circumstances, support is usually ordered for a limited time period. A typical court order for spousal support will also terminate upon the death or remarriage of the supported spouse. In specific cases, support could be made permanent or for the life of the recipient.


Spousal support is different from child support. The difference between the two is the purpose of the support. With spousal support, the intention is to provide for the spouse and make him or her self-sustaining, separate from the support of the children. The amount and duration may be modified by the Court to increase or decrease, in specific instances, with the help of an attorney. There are different factors that are reviewed to determine amount and duration of spousal support.

Potential Factors

  • Age and health of both spouses: If the supported spouse is of advanced age or suffers from a medical problem which would prevent him or her from obtaining employment (thus preventing him or her from becoming self-supportive).
  • Needs of each spouse: The needs of each spouse are based on various criteria, including the standard of living established during the marriage and the obligations and needs of each spouse.
  • Self-Sustainability: One spouse may have had an impairment of present or future earning capacity due to periods of unemployment during the marriage that were devoted to domestic duties or child rearing. It is often more difficult for this supported spouse to attain self-sustainability upon a divorce or separation. Therefore, spousal support would help him or her create marketable skills for employment, such as attainment of education, training, or a professional license.

If you have any questions or need help with spousal support, please contact us at 1-888-529-4543.

Military Divorce

Service members and non-military spouses pursuing a divorce face a unique set of challenges that civilians do not encounter when attempting to dissolve their union. Getting divorced is a complex process, and it is especially complicated in the military.

Even attorneys who have practiced family and matrimonial law for years can find themselves at a disadvantage when attempting to represent a service member or a non-military spouse. Tully Rinckey PLLC’s military divorce attorneys can help you navigate the potential pitfalls that military families face in their legal matter. These pitfalls can lurk in the division of property, where to file for divorce, military retirement and disability pay, child custody, and child support. The team of attorneys at Tully Rinckey PLLC can represent service members or their non-military spouses in New York, Virginia, and Washington, D.C. If you are located elsewhere, we can advise your attorney on the unique nuances of military divorce, child support, and retirement or veterans’ compensation issues.

Call us today to schedule a consultation with one of Tully Rinckey PLLC’s experienced military divorce lawyers. We can represent military families in New York, Virginia, or Washington, D.C. and can advise attorneys worldwide in any of the following matters:

  • Military Divorce
  • Legal Separation
  • Division of Military Retirement and Disability Pay
  • Custody and Child Support

Call today to schedule a consultation with one of our military divorce attorneys at 1-888-529-4543 or e-mail

Featured Attorneys


When you choose Tully Rinckey PLLC, you aren’t just assigned an attorney. Your legal matter will be cared for by our entire legal team and support staff. With offices throughout the country, coast to coast, we make sure you receive legal counsel and representation you can trust. A number of the partners in our firm have earned the highest possible ratings for their exceptional legal ability and high ethical standards, including the AV Preeminent peer review rating from Martindale-Hubbell and top ratings from Avvo, Best Lawyers, and Super Lawyers.

Full Service Legal Firm

Tully Rinckey is a full-service law firm. We handle legal issues relating to appellate law, litigation, bankruptcy, international and U.S.-based business law, family and matrimonial law, military and federal employment law, intellectual property law, and much more. We also offer a variety of services, including estate planning, security clearance representation, and congressional investigations. Regardless of your legal needs, we have the experienced counsel you need.

Our Experience

Our highly knowledgeable law team comes to the table with attorneys who have 20 to 30 years of experience representing hundreds of clients. With hundreds of years of combined experience in appellate, international and U.S. business and corporate commercial law, litigation, criminal law, immigration, bankruptcy, employment law, estate planning, our team has what it takes to ensure your success.

Proud Veterans

Tully Rinckey PLLC is a Service-Disabled Veteran-Owned law firm founded by military veterans Mathew B. Tully and Greg T. Rinckey, and now employs attorneys who are veterans of the Armed Forces. The military ranks and roles of our attorneys range from a Brigadier General, former Judge Advocates of all Officer ranks, and attorneys who have served as enlisted and Non-Commissioned Officers. The principles of the U.S. military carry over into how we operate our firm. These include leadership, character, technical and tactical proficiency, strong communication skills, seeking and taking responsibility, understanding assignments, choosing the right people for the job, and teamwork.


“How does one even begin to say thank you to someone that applied her uncommon professional and interpersonal skills, and took the human interest to “hold my hand”, and guide me through unfamiliar and emotionally loaded waters. So often you were called upon to do the work of two attorneys (given the circumstances), and you did so repeatedly, comporting yourself each time with class, ethics and professionalism that are just a natural part of you. The caring, class and finesse often required in this case seem to come to you as naturally as breathing. While you may not fully appreciate your value, those of us that have been fortunate enough to have retained your services must surely walk away with a sense of gratitude (if not awe), equal to mine.”

J.A. on Partner Barbara King, Esq.

“Let me begin with my continued respect and heartfelt thanks for all you did for me when a “simple divorce” spiraled out of control. As wounded as I was, I was painfully aware of the emotional toll the litigation was taking on you too. It was that empathy, accompanied by your phenomenal legal skills that kept me together during what was perhaps the most traumatic chapter of my life. I hope I am able to convey an impression of the depth of gratitude I have for you.”

G.H. on Partner Barbara King, Esq.

“I retained Tully Rinckey PLLC for a child support modification, which became necessary following domestic violence incidents, my own disability as a result, and my children’s increased needs. Tully Rinckey PLLC is professional, proactive and, most importantly, does not suffer fools. They focused on the legal arguments of the case and applied appellate decisions which were directly related. Most importantly to me, they took my case personally. As one who has seen many people promised the sun, moon and stars by attorneys who then treat them as a number, Tully Rinckey PLLC was invested in my case from the beginning. They were able to go directly to the heart of the matter without needing to “destroy” the other party. They kept the focus on my children’s needs and, when the other party refused to settle and hired an attorney, Tully Rinckey PLLC went into overdrive making sure my children would get a fair hearing of the facts in court. They kept the main thing the main thing and her arguments on point. They also ensured that my disability accommodations were honored and was sensitive to the needs my disability created, which was incredibly important for my testimony. I have already recommended Tully Rinckey PLLC several times and will continue to do so.”

L.H. on Tully Rinckey PLLC.

“This was the first time that I needed to hire a lawyer for a family court case and I was understandably nervous. Looking online I found Tully Rinckey and I will forever be grateful for their help, professionalism and support. When I spoke with them and eventually met in person; I knew that I was dealing with professionals who had my best interest in mind. Through their professional conduct and work we were able to settle the case outside of court.”

J.B. on Mario D. Cometti, Esq.

“Thank you it was a pleasure doing business with you. Honestly, you made this experience painless. Much appreciated happy customer.”

J. A. on Partner Barbara King, Esq.

Prior results do not guarantee similar outcomes.

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About Our Law Office in Albany, NY

The nationally recognized attorneys who work in the Albany offices of Tully Rinckey PLLC counsel and represent individuals, families, and companies of all sizes, from seedling ventures to global corporations. With headquarters located in the Albany suburb of Colonie, Tully Rinckey PLLC is proud to serve the people, families, and business enterprises of Greater Albany, as well as the communities of the greater Capital Region. Recognized for entrepreneurial excellence, we’ve been named a “Great Place to Work” by the Albany Business Journal. The firm’s Albany office offers legal services in a wide variety of services that range from business to personal legal matters.

To schedule a consultation at our Albany office, call 518-218-7100 or email

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