In October 2010, New York State made getting divorced much easier. Prior to that if you wanted to get a divorce you had to show that one party was to blame (at fault) for the breakdown in the marriage. Today, no such requirement exists.
Child Custody/Parenting Time
In New York State, children typically have a right to spend significant time with both of their parents based on what is in their best interests under the circumstances. Additionally, their must be one parent designated as the “residential” parent for child support purposes regardless of the parenting schedule. We can explain this to you in further detail so you can understand your rights and your child’s rights regarding both parents.
Everything you and your spouse have acquired during the marriage (assets and debts) should be split “equitably.” In most instances it means equally but there are some circumstances where that is not the case. We can tell you if your case is one of those situations.
In New York State the residential parent is entitled to receive child support from the non-residential parent for the food, clothing and shelter of all minor children (21 years old in New York). This amount is based on the income of the parties and a percentage that is determined based on the number of minor children. We can calculate your child support and provide you with the Child Support Standards Act, If you decide to deviate, no problem. That is up to you and your spouse. Let us draft the Divorce Papers for your uncontested divorce or find you the right divorce lawyer in Queens, Brooklyn, Manhattan, Bronx, Westchester, Nassau or Suffolk County
In New York State, one spouse may be entitled to maintenance/spousal support based on an inequity between the parties’ incomes. How long maintenance should be awarded is based on the length of the marriage. We can calculate the recommended maintenance in your case and provide you with a printout that will guide how long you should be receiving or paying same.
Orders Of Protection
Courts can issue a Stay-Away Order of Protection wherein the actor is not permitted to be in the presence of the protected party, their home, their place of business and are not permitted to contact the victim, except for circumstances carved out in said Order.
While child support provides for the child’s food, clothing and shelter needs, it takes more than that to support a child. Child Care Costs, Health Insurance costs (including unreimbursed medical expenses)and extracurricular activities are all expenses that should be split between parents. By simply supplying the respective incomes of both parents we can tell you what the presumptive percentage split would be in your case. You can go along with the recommendation or decide for yourselves.