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FREQUENTLY ASKED NEW YORK DIVORCE QUESTIONS

Bronx divorce or child custody proceedings can be a very emotional and painful experience. A divorce action may involve the division of simple assets such as the sale of the marital residence, or it may be a complex matter involving the evaluation and sale of a business or division of pension and retirement benefits such as stock options. With the right attorney and careful planning, you may avoid lengthy and highly expensive litigation. Bryan J. Hutchinson is an experienced and knowledgeable lawyer who will advocate and guide you through the divorce process to obtain a fair and equitable resolution while reducing unnecessary stress and the cost of litigation. Depending on the complexity of your New York divorce action, we may hire a real estate appraiser, a forensic accountant, or an economist to provide expert advice.

Table of Contents:

GROUNDS FOR NEW YORK DIVORCE

What are the grounds for a New York divorce?

What is an irretrievable breakdown in a New York divorce?

What is considered abandonment in a New York marriage?

What is a defense to a cause of action for abandonment in a New York divorce?

What are the requirements for proving adultery in a New York divorce case?

What is a defense to a cause of action for adultery in a New York divorce?

What are the requirements for proving cruel and inhuman treatment in a New York divorce case?

What is a defense to a New York divorce based on cruel and inhuman treatment?

What are the requirements for obtaining a New York divorce on the grounds of imprisonment of my spouse?

What is a defense to a New York divorce based on the imprisonment of the defendant?

What are the requirements for obtaining a New York divorce based on a separation agreement?

What is a defense to obtaining a New York divorce based on a separation agreement? 

How can I obtain a New York judgment of divorce based on a separation decree?

What is a defense to a divorce based on a separation decree?

What are some common defenses to a New York divorce action?

How do I serve New York divorce papers if I cannot find my spouse?

 

NEW YORK DIVORCE RESIDENCY REQUIREMENT

Do I have to reside in New York to obtain a judgment of divorce in New York?

 

ATTORNEY FEES

How much does it cost to get divorced in New York if both parties agree?

How do I get my spouse to pay for my New York divorce attorney fees?

Are my attorney fees incurred in my New York divorce action tax deductible?

 

PATERNITY

What is the process of establishing paternity in New York?

 

NEW YORK CHILD CUSTODY AND VISITATION

What factors do New York courts look at in making a determination of child custody or visitation?

What is the function of a forensic expert in a New York child custody and or visitation proceeding? 

 

PARENTAL RELOCATION AND CHILD CUSTODY AND VISITATION

What if I want to relocate outside of New York with our child(ren)?

 

GRANDPARENTS VISITATION

Do grandparents have a right to visitation in New York?

 

NEW YORK CHILD SUPPORT

What does child support end in New York?

How do I get an increase on my New York child support order?

How do I reduce or modify my New York child support obligation?

How do I end my New York child support obligation?

Can I stop paying New York child support when the child turns 18 years old?

How much child support must the non-custodial parent pay to the custodial parent in New York?

What is the child support percentage in New York?

What happens to my New York spousal or child support obligation in the event of the untimely death of the payor?

What if the non-custodial parent does not live in New York?

Why am I required to obtain life insurance as part of my child support obligation?

 

DOMESTIC RELATIONS ORDER

What is a Domestic Relations Order?

What information must a Qualified Domestic Relations Order contain in order to qualify under ERISA?

What information must not be included in a Qualified Domestic Relations Order?

 

EQUITABLE DISTRIBUTION OF PROPERTY

What is marital property under New York Domestic Relations Law?

What is separate property under New York Domestic Relations Law?

How is equitable distribution of marital property determined in New York?

 

SPOUSAL MAINTENANCE

What are the requirements for obtaining spousal maintenance in New York? 

When am I entitled to spousal maintenance in New York?

Can I obtain spousal maintenance even though I live in the same house as my spouse?

What factors must the court consider in deciding the amount and duration of New York spousal maintenance?

What are the tax consequences of receiving or paying New York spousal maintenance?

What will happen to my health insurance upon my New York divorce?

 

ATTORNEY FOR THE CHILD FORMERLY KNOWN AS A LAW GUARDIAN

What is an attorney for the child?

Who pays the attorney for the child in New York divorce or child custody proceeding?