Robert G. Smith

Attorney Profile

Top Rated Family Law Attorney in New York, NY

Robert G. Smith, PLLC
 | 950 Third Avenue, 11th Floor
New York, NY 10022
Phone: 212-499-0940
Fax: 212-499-9091
Selected to Super Lawyers: 2011 - 2019
Licensed Since: 1974
Practice Areas:
  • Family Law (80%),
  • Business Litigation (10%),
  • Civil Litigation: Defense (10%),
  • Business Litigation (0%)
Attorney Profile

Gifted as an advocate and diligent as a professional, following his admission to the New York Bar in 1974 Mr. Smith first learned his craft at two prominent New York City law firms.  He established his own New York law firm in 1981 with the pursuit of excellence as its founding principle. Mr. Smith successfully and efficiently represents clients throughout  the New York City metropolitan area in all the facets of family law.  For this reason, loyal clients regularly turn to him for legal guidance concerning the following:
• Divorce
• High net worth asset and income distribution
• Tax and income-savvy property division and distribution
• Prenuptial and postnuptial agreements
• Modifications of custody and divorce settlements
• Paternity proceedings
• Common law marriage, same-sex marriage and domestic partnerships

Mr. Smith  earned his law degree at Rutgers School of Law-Newark in June 1973.  He distinguished himself with service on the Rutgers Law Review and received the highest monetary scholarship award in his graduating class.  He was admitted to the New York Bar in March 1974.  He was then admitted to practice in the Unuted States District Court for the Southern District of New York,the U.S. Court of Appeals for the Second Circuit and the United States Supreme Court.

Over the past 40 years Mr. Smith has become the consummate professional.  His diligence and documented results have earned the devotion of his clients as well as the respect and recognition of his peers and the judiciary. Mr. Smith's extensive legal knowledge is regularly honed in the courtroom and at the conference table. He holds a "Superb" professional rating from Avvo.  He has received an AV-Preeminent* peer-review rating from Martindale-Hubbell. He was a regular commentator on Court TV for the life of the network.  
Robert G. Smith is also an active member of the legal community. He serves as a neutral evaluator for matrimonial cases in the New York County Supreme Court.  He is a member of the New York State Bar Association, the New York County Lawyers' Association and the Ammerican Bar Association, to name only a few.
*AV-Preeminent and BV-Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories – legal ability and general ethical standards.

Practice Areas
Lawyer Practice Area Pie Chart

Family Law (80%): Adoption, Alimony & Spousal Support, Child Support, Custody & Visitation, Divorce, Domestic Violence, Paternity, Prenuptial Agreements, Marital Property, Father's Rights

Business Litigation (10%)

Civil Litigation (10%)

Business Litigation (0%)

Focus Areas

Adoption, Alimony & Spousal Support, Child Support, Custody & Visitation, Divorce, Domestic Violence, Paternity, Prenuptial Agreements, Marital Property, Father's Rights


Selected to Super Lawyers for 9 yearsbottom-image

Super Lawyers: 2011 - 2019

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About Robert Smith

Admitted: 1974, New York

Professional Webpage:


  • AV Rated Litigator, 1990
  • Fidelity Union Trust Company Award For Outstanding Achievement in Estate Planning, Rutgers University School of Law, 1973
  • Member Board of Editors, Rutgers Law Review, 1973

Special Licenses/Certifications:

  • Certified for court appointment as a fiduciary and attorney for children and spouses in matrimonial litigation., 2010
  • Felony Panel for Assigned Defense Counsel First Department New York Supreme Court 

Bar/Professional Activity:

  • Court Television Network, Commentator on Criminal Cases and Domestic Relations Cases, 1991 - Present
  • National Association of Criminal Defense Lawyers, Member
  • New York County Lawyers Association, Matrimonial Law Section, Member
  • New York County Lawyers Association, Member, Committee on the Supreme Court, 1992 - Present
  • New York State Bar Association, Member
  • U.S. Supreme Court, 1978
  • U.S. Court of Appeals 2nd Circuit, 1975
  • U.S. District Court Southern District of New York, 1975
  • New York, 1974
  • Association of the Bar of the City of New York

Pro bono/Community Service:

  • New York Womens Bar Associaton Pro Bono Panels  Matrimonial Law, 2008

Scholarly Lectures/Writings:

  • Lecturer, New York State Bar Association, 2004
  • Lecturer, New York County Lawyers Association, 1996
  • Comment, 26 Rutgers Law Rev. 383, 1973
  • Law Review: Rutgers Law Review, Editor, 1973, Rutgers, The State University of New Jersey School of Law - Newark, Newark, New Jersey


  • People v. Coley.  Successful defense in New York's first homicide stray bullet prosecution, in Kings County. First trial resulted in a mistrial after a police witness was overheard talking about the case by a juror.  Not guilty verdict on the top charge after the second trial.     
  • People v. Borriello, 155 Misc. 2d 261 (S.Ct. Kings Co. 1992).  Successful federal constitutional law challenge to strike purported New York State video piracy statute under the supremacy clause.   Prominently reported in the New York Law Journal.
  • Fendler v. Thorne, 83 A.D.2d 803 (1st Dept 1982). 
  • Cai v. Lau, 133 AD3d 541 (1st Dept. 2015).  Following success in the trial court defending claims in a divorce action for a distributive award on a medical license and for spousal maintenance, wrote the brief and argued the appeal that affirmed the trial court's awards and denied attempts to obtain another trial.   
  • Stream v. Sportscar Salon, 91 Misc.2d 99 (Civ.Ct.Queens Co. 1977).  In a trial court action before New York enacted a so-called lemon law, successfully established a breach of warranty claim against a used car vendor. 
  • Fridman v. Fridman, 120 A.D.2d 491 (1st Dept 1986).  Successful reversal on appeal to reiinstate marital status after trial court granted reverse summary judgment in divorve action. 
  • People v. Beatty, 168 A.D.2d 683 (2nd Dept 1990).  Successful attack upon armed robbery conviction where the trial transcript was lost and the prosecutor could not establish reconstruction of the trial record.
  • Mars Productions Corp. v. U.S. Media Corp., 169 A.D.2d 550 (1st Dept 1991).  Successful appellate affirmance following trial court's grant of summary judgment to enfoce motion picture distribution agreement.   
  • Marx v. Marx, 258 AD2d 366 (1st Dept. 1999).  Appellate Court upheld counsel fee award in divorce action. 
  • Diamond v. Diamond, 290 AD2d 270 (1st Dept 2002).  Appellate Court vacated a sua sponte award of attorneys fees against a spouse then unrepresented by legsal counsel.  
  • Costantini v. Costantini, 44 AD3d 509 (1st Dept. 2007).  Appellate Court upheld award of monetary sanctions against a disgruntled client who personally attacked divorce lawyer in court filing in divorce action.    
  • Delijani v. Delijani, 100 AD3d 951 (2nd Dept.) reported in 2012.  Appellate Court upheld trial court's counsel fee award in divorce enforcement litigation.    
  • Schwab v. Phillips, 78 AD3d 1036 (2nd Dept. 2012).  Appellate Court affirmed award of monetary sanctions against divorce lawyer who invaded an escrow fund during the pendency of the divorce action.   
  • HS v. MS, reported at 48 Misc3d 1212 in 2015.    Court enforced prenuptial agreement executed in Germany in New York divorce action  
  • Wolff v. Illustrated World Encyclopedia, 34 N.Y.2d 834 (1974)
  • Wolfe v. Wolfe, 86 Misc.2d 313 (Sup.Ct.Nassau Co. 1976)
  • City of New York v. State of Board of Equalization and Assessment, 60 A.D.2d 932 (3rd Dept. 1978)
  • Con Edison v. City of New York, 44 N.Y.2d 536 (1978)
  • Weyerhaeuser v. Weyerhaeuser, 79 A.D.2d 902 (1st Dept 1981)
  • Anderson v. Anderson, 111 A.D.2d 730 (1985)

Educational Background:

  • Brooklyn College-CUNY, Brooklyn, New York B.A. - 1970
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Office Location for Robert G. Smith

950 Third Avenue
11th Floor
New York, NY 10022

Phone: 212-499-0940

Fax: 212-499-9091

Robert G. Smith:

Last Updated: 4/4/2019

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