Family Law FAQ

Q: How long will my divorce take?

A: Each case is unique from the one before it. There are many factors to consider such as the animosity between the parties, the complexity of the financial issues, and whether there are issues of custody. Most simple uncontested divorce cases take approximately 4-6 months. Call us today to get an idea of how long your case could take.

Q: What if I don’t want to get a divorce?

A: The short answer is, there isn’t much you can do unfortunately. NY is a “No Fault” state, which means that it has adopted what most other state have in one form or another which is the “no fault” ground. A ground is the cause of action under which you are filing your divorce. The grounds you choose to file under is very important because each grounds comes with its own set of challenges and consequences. Since 2010, a majority of divorce cases have used the DRL 170(7) ground which is that “there has been an irretrievable breakdown in the relationship for a period of at least six (6) months, prior to the commencement of the action.” This is the ground of choice as it eliminates the messy aspects of the other “fault based” grounds.

What this amounts to is a person cannot be forced to stay married if they don’t want to be. Once your spouse files under this ground, the only options left are settle, contest all the way to trial, or reconcile. Call us today to discuss your options.

Q:  What will happen to our children?

A: the courts use the “best interest analysis” when determining custody and visitation of the children of a marriage. There are multiple factors to consider when making such a determination such as who is the primary care giver, what are the living conditions like in each parents home, and which parent is more likely to foster a positive relationship between the children and the other parent. Call us today for a free phone consultation and let one of our knowledgeable attorneys discuss your options when it comes to the most important part of your case, your children.

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