1. How do I get a no-fault divorce?
Move to another state. Seriously, New York State requires allegations of fault, or grounds, in an action for divorce. You can get a divorce based on living separate and apart for one year pursuant to a separation agreement, but if you do not want to wait, you need to allege grounds.
2. What are “grounds”?
New York courts may grant a divorce based on allegations of either abandonment, or constructive abandonment, or cruel and inhuman treatment, or adultery. These grounds have to be proven just like in any other law suit.
3. What is “marital property”?
Any real or personal property acquired during the course of the marriage, and bought with the couple’s funds. Inheritance, or property bought with one of the party’s inheritance is generally considered separate property, not marital property.
4. Can I get alimony?
Alimony, now called spousal maintenance, may be awarded based on several factors. The Judge considers the length of the marriage, the relative earning capabilities and education of the parties, whether one person was supported by the other spouse while earning either a specialized degree or license, among other things.
5. How is child support calculated?
The amount of child support a person pays is governed by the Child Support Standards Act (also known as the CSSA). It is based on the number of children the couple have and their income. For example, if they have one child, support is 17% of the gross income minus FICA, or .642%. This is the basic support obligation. In addition, extra costs such as daycare, out of pocket medical expenses, and summer camp are calculated on a pro rata share of the parties combined incomes. Certain exceptions apply to the CSSA that require a more in depth explanation. Please contact our office to meet with an attorney to discuss these issues in further detail.
6. How long does it take to get divorced, and how much will it cost?
Unfortunately, that depends on many factors, including where you live, whether the divorce will be contested, whether you have a separation agreement, and the complexity of the issues. Actions for divorce are filed in Supreme Court, so there are filing fees that are set by statute. Please contact our office to meet with an attorney to discuss your particular situation.
7. My child won’t let me see my grandchildren, is there anything I can do?
Grandparents can file Petitions for Visitation in Family Court if they are able to prove that they had a consistent relationship with their grandchildren, and that this contact was beneficial to the grandchildren.
8. What is the difference between joint and sole custody?
Legal custody refers to the decision making roles of the parents. Joint legal custody means that both parents work together to make significant decisions regarding their children. Sole legal custody means that only one parent makes the significant decisions in raising the children. If the parents have joint legal custody and cannot agree on a particular matter, usually the person with primary physical custody will prevail.
If you would like to speak to an attorney about your divorce matter call:
