Divorce & Custody FAQ
When you face a divorce or a custody dispute, it can be an emotional and confusing time. We are here to help. At Angiuli & Gentile, LLP, we can answer your questions about the legal process and guide you through the process.
When you work with our firm, you can feel confident in the decisions you make for you and your family. Call us at 347-201-4447 to schedule a consultation with a lawyer.
Answers to Your Divorce and Custody Questions
Can I file for divorce in New York?
You or your spouse needs to have resided in New York for a specific period of time before you can file for divorce in New York. In general, if either you or your spouse has resided in New York for two years, you can file here. This amount of time can be reduced to one year if:
- The cause of action occurred in New York
- You were married in New York
- You lived in New York as husband and wife
Additionally, if the cause of action occurred in New York, and both spouses are New York residents, then you can file in New York.
Since this can be complicated and the rules vary for other states, we can help you determine if you can file for divorce in New York.
Do I need to have grounds to get a divorce in New York?
In New York, you no longer need to have grounds to file for divorce. Instead, you can file for divorce if there has been an irretrievable breakdown of the marriage that has lasted at least six months. This is now the most common ground for divorce in New York.
The traditional grounds for divorce still exist. As a result, a divorce can be filed without waiting six months if one spouse:
- Committed adultery
- Was treated cruelly or inhumanely
- Was imprisoned for three or more years
- Abandoned his or her spouse for at least one year
You can also obtain a divorce if you have been legally separated for at least one year.
How are vacation homes, investment properties and antiques divided in a divorce?
New York is an equitable distribution state. This means that all marital property — including antiques, vacation homes and investment properties acquired during the marriage — are divided equitably in a divorce. Equitable division is not simply a 50-50 split. The court will look at what is fair in your specific situation.
Can child support be adjusted for lifestyle?
In general, lifestyle is not a factor when determining child support. There are, however, some situations where lifestyle will be considered in the calculation of child support. Additionally, a substantial change in circumstances may require a modification to existing child support. If you are looking to change child support, you should reach out to an attorney about your concerns and see if a modification will help with your case.
Can I move out of New York with my child?
If you have primary custody of your child, you must obtain court permission to move out of state — or the court’s jurisdiction — with your child. This can be achieved by gaining the other parent’s permission and then filing with the court. When that is not possible, you can take your case to court to get your custody and visitation arrangement modified.
Do I need an attorney for my divorce or custody case?
Even if you and your spouse can reach an agreement on the terms of your case, it is important to involve an attorney as early in the process as possible. Divorce and custody laws can be complex, and an attorney can help to ensure that your rights — and the rights of your child if you are a parent — are protected at every turn.
In a contested divorce or a custody dispute, it is essential that you obtain representation. A lawyer can stand by your side and act as your advocate before the court. At Angiuli & Gentile, LLP, we are experienced litigators who will help you obtain your divorce or custody goals.