FAQ

Frequently Asked Questions About Divorce & Family Law

As a family law attorney, it is my job to consider your well-being in its entirety

In New York, do I have to have grounds for divorce?

When dissolution of marriage cases occur, they can be very simple or extremely complicated depending on the willingness of both parties to come to an agreement on pertinent matters. If the couple can agree on an uncontested divorce it may only take up to a few months for it to be processed by the court. In cases where issues are complex regarding child custody, visitation, spousal support, property distribution and other matters, it can take up to a year or more to resolve all issues.

How long is the divorce process?

When dissolution of marriage cases occur, they can be very simple or extremely complicated depending on the willingness of both parties to come to an agreement on pertinent matters. If the couple can agree on an uncontested divorce it may only take up to a few months for it to be processed by the court. In cases where issues are complex regarding child custody, visitation, spousal support, property distribution and other matters, it can take up to a year or more to resolve all issues.

Will I have to go to court?

This depends greatly on the divorce proceeding and how complicated it gets. For simple divorce proceedings or legal separation agreements, there may just be paperwork to file, without a court appearance. Other times, a court proceeding may be required. However, this does not mean there will be a trial, as most cases do settle without the necessity of a trial. Essentially the more complex the issues are within your divorce, there is a greater likelihood that you will have to go to court on more than one occasion.

Is it mandatory that I pay spousal support?

This is contingent upon your income and the income of your ex-spouse. It is the court’s objective to ensure that both spouses maintain their pre-divorce lifestyle as much as possible following a separation. In cases where one spouse makes the majority of the income in the marriage, it may be required that he or she makes spousal support payments at least until the other spouse can obtain a higher wage and sustain themselves. There are various factors that play into the court’s decisions regarding spousal support, also known as maintenance, and these can be viewed here.

Why do I need an attorney?

Obtaining a qualified lawyer that is knowledgeable regarding New York divorce and family laws is extremely important to the success of your case. While some individuals may seek to represent themselves in court, having someone by your side who has experience with a variety of cases can add a level of comfort to the legal process. They may be able to guide you in the right steps to help you avoid making dire mistakes that could cost you certain assets, custody or visitation rights. Seek out the help of an accomplished attorney before stepping into such a critical issue as divorce.