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Answers To Some Common Questions About Divorce

At Sager Gellerman Eisner LLP, we educate and inform our clients to equip them to make good decisions during the divorce process. Some questions we often receive include the following.

What are the grounds for divorce in the state of New York?

To obtain a divorce in New York you need only establish that there has been an irretrievable breakdown of your marriage for a period of six months.

How do family law judges reach decisions about the division of property in a divorce?

The first phase of property division is to confirm which assets fall into these categories:

  • Marital property
  • Nonmarital property
  • Commingled assets that have become marital property
  • Gifts or inheritances to just one spouse
  • Assets excluded from consideration in property division because of a prenuptial or postnuptial agreement

New York family law courts expect an equitable distribution of property, which may not be a 50-50 split if divorcing spouses’ contributions have been imbalanced.

How is child custody typically determined when parents separate or divorce?

Either parent or any adult with an established relationship with a child can petition a family law court for custody. Joint physical and/or legal custody is often preferred. Many parents going through divorce settle child custody disputes privately through mediation. In some cases, a grandparent or another adult who has bonded with the child(ren) may demonstrate that one or both parents is absent or unfit.

Why is child support such an important part of your divorce decree if you are a co-parent?

A child support order may have great ramifications on parents’ financial stability for years to come. The long-term consequences of not paying child support as ordered can be harsh. Child support arrearages cannot be dismissed in bankruptcy. A parent who should, but does not, receive proper child support may experience hardship that is detrimental to their children’s home life upbringing.

Bring Us Your Unique Questions

Contact Sager Gellerman Eisner LLP in or near Queens County to discover answers to the things you wonder about as you are headed for divorce. Call our Queens office at 718-261-2300 or our Garden City office at 516-294-5555 or request a consultation through our online form.