Family Law FAQ
Answers to Common Questions About Divorce
If you are considering divorce, are going through a
uncontested divorce or are facing a family law issue, you likely have many questions that an experienced New York divorce attorney can answer. We have included some frequently asked questions below, for your convenience. We also welcome you to
contact an attorney at our offices to get information regarding your specific case.
Do I really need a lawyer for my divorce or child custody case?
While you do not have to hire an attorney, it is definitely advisable that you hire an experienced family lawyer to represent you during your divorce or your
child custody case. The issues surrounding these areas are often complex and delicate, and having a lawyer at your side will be extremely helpful.
What are the “grounds” for divorce?
In New York, there are four grounds for divorce which are based upon the fault of one party. These are: cruel and inhuman treatment, adultery, abandonment for one or more years, or imprisonment for three or more years. You may also apply for a “no fault” divorce, for which the grounds are: living under a separation agreement or court decree for more than one year. Either way, an attorney will be helpful in helping you determine your separation agreement or divorce agreement.
How is property divided after a divorce?
In New York, all property acquired and income earned during a marriage is subject to equitable distribution. This is a process for dispersing property acquired by or owned by either spouse upon the termination of a marriage. During equitable distribution, the courts will sort out what is considered separate property and what is marital property.
Separate property (property acquired before marriage) usually remains separate and marital property (property acquired during marriage) is distributed equitably between both spouses. The courts will also take into consideration the circumstances surrounding the case and both parties.
Can I receive spousal support?
Spousal support, also referred to as alimony or maintenance, may be awarded to either spouse in a divorce, based on such factors as: the standard of living, present and future earning potential of each spouse, and the ability of each spouse to support him or herself independently in the future. Maintenance may be awarded on a permanent or temporary basis and can be awarded to either the wife or the husband.
How is child support rewarded?
Child support is an obligation for the non-custodial parent (the parent who does not have primary custody of the child or children.) The non-custodial parent must pay a percentage of the combined parental income. Usually, for one child the percentage is 17%, for two children it is 25%, for three children it is 29%, and for four children it is 31%. Aside from child support, the non-custodial parent may have to pay a portion of the child’s healthcare and educational expenses.
Contact a New York divorce attorney at the Law Offices of Brian D. Perskin today!