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What are the basics of filing for divorce?To file for divorce, you or your spouse must have lived in the state for at least a year. You must file on either no-fault or fault grounds. Fault grounds in New York include adultery, abandonment, cruel and inhuman treatment, or imprisonment for three years or more.
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What are the costs associated with filing for divorce in New York City?Current New York filing fees and other court costs are at least $335. This includes the cost of an index number for your case and other court costs. The costs for notary services, mailing, photocopies, hiring a process server and other items incurred during the divorce process are not included in this figure. Also, the costs of hiring a New York family lawyer will be additional.
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How long does it take to finalize a divorce?If the divorce is uncontested, meaning the parties agree on all the terms, finalizing it can take just weeks. Contested divorces that involve disputes over property division, child custody and other things can take months or longer. Every divorce is unique; our family attorneys can help you understand how long yours may take, based on your circumstances.
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How is a high asset divorce different?High asset divorce involve the division of significantly more assets and properties. Dividing these assets involves more than just who gets what. There are often serious tax implications. When it comes to businesses and investments, there may be third parties involved who share ownership. Because of all the complexities, high asset Divorces involve more steps and can take far longer to complete.
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What challenges could I expect with the divorce process?Challenges people may face include contentious disputes over divorce terms. There are also cases where the defendant spouse can’t be located for service of the divorce summons. If this happens, you’ll have to ask the court for another method of serving, such as by publication, where the divorce notice is placed in newspapers. Our NYC family lawyer will help you understand and meet the challenges often inherent in the divorce process.
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What are alternatives to divorce?Legal separation may be a viable alternative to divorce for some couples. People may choose to legally separate rather than divorce, for financial reasons, because of religious beliefs, or for other reasons. Every case is different, so it’s wise to speak with a New York family law attorney to discover whether separation might be a good alternative for you.
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Who can get alimony/spousal support in New York?Alimony, also called spousal support, can be awarded to either party. The lower-income spouse is awarded alimony from the higher-earning spouse. But alimony isn’t automatic and isn’t always granted. Whether it is awarded and who gets it is based on the financial circumstances of each spouse, the disparity in their incomes and a variety of other factors.
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How long is spousal support paid?Spousal support can be paid on a temporary or permanent basis. Temporary support may be ordered to help the lower income spouse during the divorce process, and it ends when the divorce is finalized. Rehabilitative alimony may be paid for a specific time period after divorce while the recipient gains necessary job skills. Permanent alimony, typically awarded in long marriages, in marriages with very large income disparities, and/or when the recipient is unable to work because of age, health or other reasons, is paid for an indefinite period.
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How is the amount of alimony determined?The courts begin by using a formula to calculate spousal support. The formula is based on each party’s income and whether child support will also be paid. From there, judges may also consider a variety of other factors to arrive at a final number. These factors include marriage length, the assets and income of each spouse, future earning capacity, whether one spouse wasted assets, and anything else the court thinks is important.
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Can I get alimony payments modified if my situation changes?You can ask the court to modify alimony payments. This request may or may not be granted. There has to be a substantial change in financial or other relevant circumstances to modify or terminate an alimony agreement. Our New York family lawyer can assist you with your modification request.
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Does alimony end upon remarriage?Spousal support typically ends on the date of the new marriage. There can be exceptions, but they had to have been previously stated in the divorce decree. Also, if a party who is getting alimony remarries and doesn’t tell their former spouse and the former spouse keeps making payments, he or she can demand repayment.
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What are the tax implications of alimony payments?For divorces finalized before December 31, 2018, alimony is tax deductible for payers and taxed as income for recipients, at both the federal and state levels. Due to the Tax Cuts and Jobs Act of 2017, if you signed your alimony agreement on January 1, 2019, or later, alimony is no longer tax deductible at the federal level, nor is it declared as taxable income. However, New York did not follow these rules — so for state taxes, alimony is still tax-deductible for payers and declared as income for recipients.
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How is child custody determined by the courts?The courts consider the best interests of children. They look at a range of things, with a child’s health and safety being the most important concern. Factors courts will use to decide on custody arrangements include who has been the main caregiver, health of both parents, parenting skills, whether there has been domestic violence and other things.
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What are the different kinds of custody?There are legal custody and physical custody. The parent with legal custody has the authority to make major decisions about childcare and upbringing. One parent may be given sole legal custody or it might be shared. Physical custody is who the child lives with. Joint physical custody may be awarded in which the child lives with each parent equally, or one parent may get sole physical custody and the other will be given visitation.
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What is a parenting plan in New York?Parenting plans lay out visitation schedules in writing. They also include other details of how children will be cared for following divorce. They are required in New York when parents settle their divorce case together and must be approved by the court. A parenting plan isn’t required if your case goes to trial, but it can be beneficial to you to prepare one that shows your wishes, even if your spouse doesn’t agree to it.
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How will a New York family law attorney help with my custody dispute?Child custody disputes are often the most contentious issues in divorce. As your New York family law attorney, we will seek to negotiate an agreement in keeping with your interests and those of your child. If we are unsuccessful, we’ll strongly stand up for your rights at trial. Or if you decide to ask for mediation, we can guide you through that process.
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Can my children decide who they want to live with?Judges may consider the preferences of children in deciding custody. Older children’s wishes will typically get more consideration than those of younger children. But while children’s preferences are considered, courts make custody decisions based on the full range of best-interest factors.
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Can grandparents get visitation rights?We know divorce can be a worrisome time for grandparents. They may worry they’ll never see their grandchildren. If you’re a grandparent having trouble maintaining a relationship with your grandchildren, reach out to our empathetic family attorneys. Depending on the situation, you may be able to get court-ordered visitation.
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Who has to pay child support?Child support is typically paid by the parent who has visitation to the parent with physical custody. If you have questions about child support or need help getting it, contact our family lawyers in NYC for assistance.
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What does child support pay for?Child support helps pay for children’s basic living expenses, including food, housing, clothes, educational costs, healthcare and reasonable extracurricular activities. It’s only to be used for children’s needs. The receiving parent should never use it for their own needs; if this is happening, it should be reported to the court.
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How is the amount of money to be paid determined?Courts calculate basic child support amounts using a formula that takes into account parents’ combined income and the number of children. Other considerations are taken into account to arrive at a final figure. Parents can also work out their own child-support agreements to be approved by the court.
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How long do parents have to pay child support?Generally, child support in New York must be paid until a child is 21 years old. The exception is when they are not yet 21 but are considered emancipated because they have married, are in the military or are financially independent.
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What are my options if the other parent isn’t paying their court-ordered child support?You may be able to get help with your child support order through the New York Division of Child Support Enforcement (DCSE). The DCSE uses administrative means, including garnishing wages and other income, to collect support. In some cases, this may not be enough and you may need to take your case to court. If you need to go to court to get the order enforced, our experienced NYC family lawyer can help you.
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How can I get a child support order modified?Either parent can ask the family court for a modification. If you are paying support and your financial circumstances have changed for the worst, you can file for a downward modification of the order. If you’re a custodial parent, you can file for an upward modification if you need more money to care for your children. In either case, you will have to prove that you need a modification because of changed circumstances.
