Q. How quickly can I get divorced?
A. That depends on the reasons for the divorce and whether each side wants to work toward resolving their issues quickly. An uncontested divorce can take anywhere from one to two years, depending on several factors such as which county the divorce takes place in, how quickly the parties can agree on the issues or whether one of the parties is not represented by an attorney, known as appearing pro-se. If the divorce is contested, it can take much longer than one year. If both parties want a divorce and are agreeable, there are ways to get divorced without proving grounds, see the next question.

Q. Does New York have "No Fault Divorce"?
A. New York now has "No Fault" divorce. Governor Paterson signed the bill in mid-August of 2010. The law went into effect in mid-October. The Plaintiff must swear under oath that the marriage has broken down for at least six months. The divorce however will not be granted unil all monetary and custody issues have been settled. There are other aspects of the law that will change also. There are provisions for temporary maintenance and attorneys fees. All other grounds for divorce are still available and it is still possible to get divorced based on a separation agreement and living apart for a year.

Q. How much will it cost to get divorced?
A. That depends. While I try to work with clients on cost depending on their income, it will make a difference whether the opposing side is reasonable or not and how many issues can be agreed upon quickly. The longer the divorce takes, the more it will likely cost.

Q. Can I bring my mother to the initial consultation?
A.  While it may seem like a good idea for moral support it is generally advisable to be alone with the attorney for confidentiality purposes. When potential clients come to my office I ask relatives or friends to wait in the conference room during the consultation.

Q. I lost my job, can I pay less child support?
A. The standard in deciding whether to modify child support is whether there has been a substantial change of circumstances in the life of the parent obligated to pay child support. If you lost your job through no fault of your own, chances are that you will have less of an obligation, but only after obtaining a new order of support from the court. You must continue paying the original amount until you have successfully obtained a modification from the court. 

Q. My children's father got a promotion and is now making a lot more than I am. How can I get more child support?
A. You can seek a modification of child support in the family court. Of note, the basic cap for combined parental income for child support has been changed as of January 31, 2010. The amount used to be based on a combined parental income of $80,000 and now has been changed to $130,000, so that more income will be counted toward child support.

Q. I guess the kids should live with their mother so she can take care of them, but I want to have a say as to their education and healthcare. Do I have that right?
A. The parties can agree to joint custody with the residential custody with the mother, that way you can help make those decisions. 

Q. I think my wife is cheating on me, can I change everything over to my name?
A.  As of September 1, 2009, New York has automatic restraining orders preventing the Plaintiff from doing this as of the date of filing and the Defendant as of the date of service.