New York Divorce Lawyer Blog
The following questions are examples of frequently asked questions during a consultation as it relates to contested divorces for parties with children. These are typically the topics that cover most contested divorce proceedings with children.
Divorces for people with children:
- How long do Contested Divorces usually take?
- What is the procedure for filing a contested divorce?
- Does he/she have to continue to pay the bills during the divorce as they have always done?
- Does it matter if the other party was unfaithful during our marriage?
- What if he spent money on his paramore?
- What if he is hiding assets and has been for quite some time?
- What topics/ancillary issues does a divorce cover?
- Do my spouse and I need to agree on all ancillary issues in order to be divorced?
Child Custody
- How is custody determined by the Judge?
- How long will the case typically take?
- What is the procedure for filing for custody?
- What is a typical visitation schedule?
- How are holidays/summer’s split between the parents?
- Which parent makes decisions regarding school/religion and medical decisions?
- Who makes day to day decisions regarding the child?
- What if the child does not want to go visit with the other parent?
- Can I move/Prevent the other parent from relocating with the child?
- Can Custody Orders be modified?
- Can I travel with the child? (Issues with Passports)
- What do I do if the other parent talks poorly about me to the child?
- Should I keep a journal/log of the events that happen between me, the child and the other parent as I believe it pertains to the case?
- Can I talk to the children about the case?
- What do I do if the child is sick and the other parent is supposed to have visitation?
- What do I do if there is an emergency with the child and the child cannot go visit with the other parent?
- What if I believe there is an emergency regarding our child and the other parent?
- Can I speak with the child daily when the child is not with me?
- Can the other parent/Will I have access to medical records?
- Can the other parent/Will I have access to school records?
- What if the other party disobeys the order/does not comply with our agreement?
- What/When can I bring in evidence to show the Judge?
Child Support
- What is the process of filing a child support Petition?
- Do I need a Custody Order to file a child Support Petition?
- How is child support calculated in Family Court?
- What are retroactive payments and how are they calculated?
- When does the other parent stop paying child support?
- How/when can child support calculations be modified?
- Does he/she also have to pay for daycare?
- Can I get he/she to pay for college?
- Can I get he/she to pay for camp?
- What if the other party disobeys the order/does not comply with our agreement?
- What/When can I bring in evidence to show the Judge?
Alimony/Maintenance
- How is Alimony/maintenance calculated?
- How long does alimony last?
- Does alimony affect the amount of child support?
- Can I get alimony for longer?
- Can I get alimony during the pendency of the action?
Equitable Distribution
- Will I get to see the assets/liabilities of my spouse?
- What is discovery?
- What if they are lying about their assets/liabilities?
- What if they are not disclosing certain accounts?
- Can my spouse get part of my separate bank accounts?
- Can my spouse get my retirement benefits?
- Can my spouse get part of my business?
- Can my spouse get my car?
- Can my spouse get my brokerage accounts?
- Can my spouse get my inheritance?
- What do we do with the marital residence?
- What if I want to keep the home?
- How do we split the contents in the home?
- How do we pick a broker?
- How do we split the liabilities in marriages? (i.e loans, credit card debt etc)
If you contemplate a divorce proceeding in NY, contact Rudyuk Law Firm, reputable attorneys who have helped hundreds of families in New York.