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FAQ : Divorce Discussed By A Leading New York Divorce Lawyer

Divorce is a difficult time for all involved. It can be made more difficult when you struggle to find the answers to all the questions plaguing your mind. In order to make this process easier, a prominent New York divorce attorney has compiled a list of frequently asked questions and answers.
What is an “Uncontested Divorce”?

This is a term used to describe a situation where both parties agree to the divorce and the terms of the settlement without going to trial. This means that the divorce can be processed much faster through the court system. Our own NYC divorce attorney states that “an uncontested divorce simply means that the couple has been able to reach an agreement without the courts involvement.

How long does it take for a divorce to be final?

No two cases are alike. On average, there is a six to nine months waiting period after the initial petition is filed.  However, given the fact that courts are backlogged, we’ve seen divorce cases taking as long as twelve months to finalize. Of course if a divorce cannot be resolved agreeably, a divorce could take even longer. When asked, the NYC divorce lawyer stated “in an ideal world, a divorce would take no more than six months...but we don’t live in an ideal world and people could be difficult...”

How is child support determined?

Most States have guidelines which help determine child support payments. Our own New York City divorce attorney states that these guidelines show “the payment amount is based on each parent's income and the amount of time he or she spends with the children.” The guidelines also provide for add-on amounts for such expenses as:

1. Child care
2. Health care and health insurance
3. Special educational or other needs
4. Travel-related visitation 
Parents can increase or decrease the guideline amount if the following conditions are met:
1.    Both parents acknowledge they are fully informed of their rights under state law and the amount of child support is mutually agreed upon
2.    Both parents declare that the agreed upon amount is in the children's best interests and will adequately meet their needs and
3.    For welfare recipients, the right to support has not been assigned to the county, and neither parent has a public assistance application pending

Do I have to pay alimony in a divorce?
Spousal support used to be known as "alimony" Our New York City Divorce Lawyer tells us that “spousal support is not mandatory in most states, but can be ordered by a judge under certain circumstances.”
If a spouse faces hardships without financial support, spousal support would be considered. The deciding factor for spousal support is the need to maintain the spouse at his or her customary standard of living. In other words, the law recognizes a husband or wife should not be forced to live at a level below that enjoyed during the marriage. However, other factors also need to be considered.  For example, frequently spousal support would not be considered if:
1.    The couple was married for a short duration (typically less than two or three years), and
2.    Both spouses are employed and self-sufficient
However, the couple could mutually agree on spousal support even if both of the above conditions are met. Our Divorce Lawyer NYC states “in that case there is no firm dollar figure used to calculate spousal support. The amount would be decided by both parties.”