FAQs
Beth A. Rosenthal, P.C.
Do I need an attorney to get divorced in New York?
While it's possible to file for divorce without legal representation in New York, many divorce cases involve complex matters such as property division, child custody, and support. Hiring an experienced family law attorney can safeguard your rights, help you avoid costly errors, and facilitate a smoother divorce process.What is the difference between contested and uncontested divorce?
An uncontested divorce occurs when both spouses agree on all major issues, including custody, support, and asset division. In contrast, a contested divorce happens when one or more issues are disputed and require negotiation or court intervention.How is child custody determined in New York?
New York courts determine child custody based on the 'best interests of the child' standard. This involves considering various factors, including each parent's ability to provide a stable environment, the child's established routine, parental involvement, and any history of domestic issues.What's the difference between legal custody and physical custody?
Legal custody pertains to the authority to make important decisions about a child's education, healthcare, and upbringing. Physical custody refers to where the child primarily resides. Courts may award joint or sole custody based on the family's specific circumstances.Can custody arrangements be modified after a divorce?
Yes, custody orders can be modified if there is a substantial change in circumstances. This may include situations such as relocation, changes in a parent's work schedule, or concerns about a child's well-being.How long does a divorce usually take in New York?
The duration of a divorce in New York varies depending on whether it's contested or uncontested. Uncontested divorces can often be completed within a few months, while contested cases may extend to a year or more, depending on the complexity of issues and court schedules.Will I have to go to court for my divorce or custody case?
Court appearances are not always necessary. Many divorce and custody matters are resolved through negotiation or settlement. However, if disputes cannot be settled, court proceedings may be required to protect your interests and those of your child.How is child support calculated in New York?
New York calculates child support using state guidelines that consider each parent's income and the number of children involved. Courts may adjust the amount based on specific financial circumstances or special needs of the child.Can a parent relocate with a child after divorce?
Relocation with a child after divorce often requires court approval or consent from the other parent, particularly if it affects the existing custody arrangement. Courts carefully assess how the move would impact the child's relationship with both parents before making a decision.What should I bring to my initial consultation for divorce or custody?
For your initial consultation, it's advisable to bring financial documents, any existing court orders or agreements, and a list of your questions or concerns. This information helps the attorney better understand your situation and provide appropriate guidance from the outset.


