Do I need a lawyer for my divorce and/or child custody case?

It is advisable that you hire a family law attorney to represent you during your divorce and/or child custody case. The Law Offices of Brian D. Perskin has 40 years of collective experience representing clients in such matters. The issues surrounding divorce and child custody cases are complicated and delicate. Having one of our experienced attorneys on your side will be extremely helpful.

What are the “grounds” for divorce?

In New York, there are four grounds for divorce that are based on the fault of one party: cruel and inhuman treatment, adultery, abandonment for one or more years, or imprisonment for 3 or more years. Other grounds include living under a separation agreement or court decree for more than one year. These latter grounds allow spouses to obtain “no fault” divorce.

How is property divided after a divorce?

In the state of New York, all property acquired and income earned during a marriage is subject to equitable distribution. Equitable distribution is a process for dispersing property acquired by or owned by either spouse upon the termination of marriage.

When distributing property, the courts sort out what is to be considered separate property and what is to be considered marital property. Separate property (property acquired before marriage) usually remains separate and marital property (property acquired during marriage) is distributed equitable 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 knows as “alimony” or “maintenance”, can be awarded to either spouse based upon factors such as: the spouses standard of living, the present and future earning potential of the spouses, and the ability of the spouse to support themselves independently in the future. Maintenance can be awarded on a permanent or temporary basis. It 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 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.