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FAQ: Family Law

Question: Does divorce require the services of an attorney?

A: Although it is common for married couples to get divorced, it is a good idea to hire an experienced lawyer who is familiar with the divorce process. Hiring a lawyer to handle your divorce case will ensure that your rights and interests are being protected each step of the way. Your lawyer can also guide you through common issues, such as dividing marital property, creating child custody and visitation agreements, and arranging fair spousal support payments.

Question: How long will it take to get a divorce?

A: How long a divorce takes to wrap up will ultimately depend on a number of factors. Some divorces can take years, especially when the spouses can’t reach an agreement on the terms of their divorce settlement. This is why it is crucial to hire a lawyer who is capable of moving your negotiations along and shortening the overall length of your divorce.

Question: What is a prenuptial agreement?

A: A prenuptial agreement is a way to explicitly state what should happen if you and your spouse decide that it is necessary to get a divorce. A prenuptial agreement can also come in handy if you were to pass away because it can be used as reference when your assets are allocated to your loved ones. With a prenuptial agreement, you will be able to keep your property and you will also be protected from any debts that your spouse has acquired during the course of your marriage. Additionally, having a prenuptial agreement will help make your divorce proceedings go faster.

Question: How are alimony payments determined?

A: To determine how much alimony should be paid to a spouse, courts will look at how much each spouse earns, how long they were married, the age of each spouse, and the lifestyle and standard of living that couples had during their marriage. After considering all of these factors, the court will determine a fair spousal support award.

Question: Will I still have to pay child support if lose my job?

A: You are legally obligated to keep up with your child or spousal support orders, even if you end up losing your job. If you do experience financial hardship because you have lost gainful employment, you can request a modification to your existing support orders. In order to obtain a modification, you will have to file a formal request with the court. Do not stop paying support until the court approves your request for modification.

Question: Can a custodial parent move to another state?

A: If a custodial parent wishes to move out of state, they will need to seek approval from the court. To make its decision, the court will consider what is in the best interest of the child. Courts can deny a request to relocate if it is determined that moving would not be in the best interest of the child.

Question: What is considered community property?

A: Any property shared between spouses can be considered community property. Property that is exclusively owned or inherited by one of the spouses is considered separate property. Couples can also choose to integrate separate property into community property.

Speak to a Family Law Lawyer

If you have more questions about your family law dispute, contact our Long Island family law attorney to discuss the details of your case. We can assess your situation and determine a strong legal strategy that will protect your rights and interests. Let us get to work for you today.

Call (516) 324-3138 to schedule a free consultation with our friendly legal professionals.

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