Most people don’t expect to get a divorce and are therefore surprised and have many questions when they suddenly find themselves in that situation. We’ve put together a list of some of the most common questions regarding a divorce in New York State. If you still have questions after reading these, don’t hesitate to call us at 718-304-8131 for a free consultation with a member of our team.
Divorce is complicated and messy. Unless yours is one of the rare divorces that is uncontested and a matter of simple paperwork, you’re going to want a lawyer who’s experienced in the NY court system to guide you through the process to help protect you, your children and your assets.
Yes. Since the recognition of samesex marriage, there is no difference in how divorces or legal separations are handled for heterosexual or homosexual couples.
If you and your spouse need some time to decide on the best way to proceed, you may want to opt for a legal separation rather than an immediate divorce. This allows you to establish separate households for a period of time, work on the issues you want to work on and decide on parameters for child custody.
The parent without physical custody of the child(ren) is obligated to pay a percentage of their income to help support the other parent. The amount increases with the number of children in the household, but starts at 17 percent and payments must be made until the child(ren) reach the age of 21.
In most cases, you must have been a resident of NY for one year prior to filing for a divorce. There are exceptions to this based on where you were married and whether you and your spouse were still residing together at the time you moved to NY State. Contact our team at 718-304-8131 for advice on the specific situation you find yourself in.
|