Living apart for one year under a separation judgment granted by a Court or pursuant to separation agreement signed by the parties is the  ground that is not fault based. 

 

 

Generally, marital fault does not impact on the economic issues of the divorce. However, there are exceptions, particularly when one spouse is found to have committed an egregious act against the other spouse.

 

 

One cannot predict with certainty how long it will take to obtain a divorce. The time it takes to obtain a divorce differs from case to case and is soley dependent upon the extent to which the divorce and any of the related issues are contested. 

 

If the divorce is not contested (that is, both spouses agree to the divorce and have worked out all issues relating to the division of marital assets, child custody and support), the divorce can be processed by the Court and granted in a few months.

 

 

No. Divorce, even when uncontested, is an adversarial process. You and your spouse have conflicting interests. Since an attorney could only represent one of your interests, it would be improper and unethical for an attorney to represent both spouses. 

 

 

The cost of the divorce is directly related to the complexity of the case and to the extent to which the issues are contested. An uncontested divorce will obviously cost much less than a divorce where, for example, there exists many contested issues as to child custody or the division of marital assets. 

 

An attorney will generally require the payment of a retainer at the outset of the representation. You can expect to be billed on an hourly basis for work performed in the course of the representation if the initial retainer was insufficient to cover all the legal fees. 

 

 

 

In a contested custody battle, custody of the children is determined through an exhaustive examination of the totality of the circumstances to determine the "best interests of the children." In determining what is in the best interest of the children, a court will consider many factors, including: 

        a. The pre-existing custodial arrangement; 

        b. Who is the primary caretaker of the child; 

        c. The historical relationship of the child and the parents; 

        d. The financial status and ability of each parent to provide for the child;

        e. What is the nurturing ability of the parents; 

        f. Who has better judgment; 

        g. The desirability of keeping siblings together; 

        h. The wishes of the child, if of sufficient age and maturity; 

        i. The parent's lifestyles, including substance abuse or chemical addiction of a parent; 

        j. The parent's religion; 

        k. Whether a parent will encourage or discourage visitation; 

        l. Continuity of a stable environment; 

        m. The age of the child;

        n. A parent's neglect or abuse of the child; 

        o. The quality of each parent's home environment; 

        p. The parental guidance each parent provide for the child's emotional and intellectual development; 

        q. The ability of each parent to provide for the child's emotional and intellectual development; 

        r. The relative fitness of the respective parents including their mental condition; and 

        s. The length of time the present custody arrangement has been in effect. 

 

Child support in New York is calculated pursuant to the Child Support Standards Act ("CSSA") (Domestic Relations Law 240 (1-b) and Family Court Act 413 (1)(b). Vastly simplified, CSSA provides that unless the court finds that the non-custodial parent's pro-rata share of the basic child support obligation is unjust or inappropriate after considering ten enumerated factors, it must order the non- custodial parent to pay his or her pro-rata share of the "basic child support obligation". 

The "basic child support obligation" is calculated by multiplying the "combined parental income" by the appropriate "child support percentage". Income is defined as "gross income as was or should have been reported on the most recent federal income tax return" less deductions for social security and New York City and Yonkers income taxes." 

The child support percentage is fixed at: 

        a. 17% of the combined parental income for one child; 

        b. 25% of the combined parental income for two children; 

        c. 29% of the combined parental income for three children; 

        d. 31% of the combined parental income for four children; 

        e. No less than 35% of the combined parental income for five or more children. 

In those cases where there are five or more children, the court must exercise its discretion in fixing the amount of the child support percentage. 

 

Where the combined parental income exceeds $80,000 per year, the court has discretion to depart from the child support percentages as to those portions of income in excess of $80,000.00. 

 

 

The Law offices of Dina DeGiorgio offers support in divorce, child support, alimony, annulments, legal separations, child custody, visitation and all other areas pertaining to family law

The Law offices of Dina DeGiorgio, serving families in Long Island all throughout Nassau County, New York.