Frequently Asked Questions:

Q: How long does a divorce usually take?

A: It varies widely depending upon the complexities of your specific situation, where you and your spouse reside among other factors. Our average divorce case ranges from about two to twelve months from start to finish.

Q: What is a law guardian or attorney for the child?

A: That is an attorney usually appointed by the court to represent your child (ren) in a divorce or family court case. When they are appointed, what their role is and how they are paid requires a much more protracted discussion.

Q: If I am in a domestic violence situation can I have the abusive spouse removed from the home?

A: The short answer is yes, but how you go about that is a more complicated question to answer. There are remedies available in criminal court, family court and supreme (divorce) court to accomplish your goal. Effectively choosing which method(s) to pursue and in what forum will require the assistance of a competent family law/divorce litigation attorney.

Q: Can my new spouse adopt my children from a previous relationship?

A: Yes, but only under three very specific sets of circumstances.

Q: Do I need a lawyer for a simple child support case?

A: Yes. I have found that most of the "simple" child support cases we can resolve in one or two court appearances resulting in minimal legal fees. I have also found that important issues are overlooked and costly mistakes are made when parties try to handle their own "simple" child support case. Many times these "mistakes" are nearly impossible to fix.

Q: What types of things does the judge consider when determining child custody and visitation at first instance?

A: The judge must consider all relevant factors and make a determination of what is in "the best interests" of the child (ren). That will include work schedules, who is the primary caretaker, substance abuse issues, financial resources, etc. the first thing we do when we take on a new child custody/visitation case is to guide you through exactly what factors are most important in your specific case as it pertains to the legal standard of "best interests of the child (ren). "

Q: I am considering getting married is there a way to protect my assets and their increase in value in the event of a divorce?

A: Yes. A well drafted pre-nuptial agreement will work, emphasis on the phrase "well-drafted" I have had poorly drafted pre-nupts set aside before, so if you are going to pay to have one done, make sure it is drafted by an experienced divorce attorney.

Q: What is a legal separation?

A: This is a misnomer in a sense as true (litigated) legal separations are rarely done any longer. What you are most likely referring to is a separation agreement. A separation agreement is an agreement which typically resolves all of the aspects of the divorce case, but it also requires a one year separation period prior to the actual divorce. Separation agreements are utilized much less frequently today as we now have "no fault" divorce in New York. There are still a few reasons why a separation agreement would be a better choice, but making a determination as to which fits your situation best should be made in consultation with competent experienced divorce counsel.

Q: I make more money than my spouse, will I have to pay them alimony?

A: first, it is not really referred to as alimony any longer, it is called "spousal support." This is one of the most complex areas to navigate when working through a divorce. First, there are two different types of spousal support, temporary and permanent. Each requires a different assessment. So the short answer to this question is maybe. In order to properly advise you concerning this issue we would need to determine both parties income and gather information regarding the other factors relevant to a determination of both temporary and permanent spousal support.

Q: Can I remain in the house with the children after we are divorced?

A: this can be done both as a result of a decision/judgment made by the judge as well as pursuant to an agreement between the parties. The best way to accomplish this result is usually very case specific and depends upon a number of different factors. Will there be a "buy-out?" What happens to the mortgage? If the house is to be sold, when? Who pays for repairs? All of these questions can be answered based upon the very specific circumstances of your case.