FAQ

  • What are the grounds for divorce in New York?
  • What does equitable distribution mean?
  • What factors does the court consider when deciding child custody?
  • How can I file for spousal support?
  • How do I know if mediation is right for me?
  • What is marital collaboration?

What are the grounds for divorce in New York?

In New York, there are several situation which legitimize divorce. These legal reasons are called grounds for divorce, and they are:

  • Cruel and inhuman treatment, including physical and mental abuse
  • Abandonment for a year or more
  • Incarceration for three consecutive years or more
  • Adultery
  • Living apart for one year or more (separation)
  • Living apart with written legal contract of separation
  • Irretrievable breakdown for six months or more

Contact the White Plains law firm of Farber, Pappalardo & Carbonari to handle your divorce and post-divorce issues.

What does equitable distribution mean?

Going through a divorce means that you and your spouse must divide shared property. New York is an equitable distribution state, meaning the court divides all property acquired during the marriage to each party, according to certain guidelines:

  • Income, property, age, and health at the time or marriage
  • Income, property, age, and health at the time of divorce
  • Need of the custodial parent to own the property in question
  • Tax consequences
  • Desire of party to keep property

What factors does the court consider when deciding child custody?

A family court judge examines many aspects of home life before making a decision on physical custody-where the child lives-and legal custody-which parent has the right to make decisions regarding the child's development religiously, educationally, etc.

  • The child's age, sex, and mental and physical health
  • The child's regular daily routine
  • The parent's mental and physical health
  • The parent's lifestyle and ability to provide food, clothing, and medical attention to the child
  • Any history of child abuse
  • The child's preference, if the child is 12 or older
  • The willingness of the parent to encourage communication between the child and the other parent

How can I file for spousal support?

Spousal support, or maintenance, is available to either party in a divorce. To be eligible, you must file for support at the beginning of divorce proceedings. Before the court awards spousal maintenance, the judge considers the following factors:

  • Income of each spouse
  • Present and future earning capacity of each spouse
  • Contributions of party seeking maintenance
  • Length of marriage
  • Presence of children
  • Tax consequences
  • Waste of shared assets by each party
  • Many other factors

Spousal support judgments in New York can be permanent or temporary. Contact the White Plains attorneys at Farber, Pappalardo & Carbonari to ensure that you are treated fairly.

How do I know mediation is right for me?

Family mediation is when a certified matrimonial mediator joins the parties engaged in divorce proceedings to facilitate a conversation to dissolve the marriage. Mediation allows you to discuss your issues and come to an agreement on them, rather than go to family court, which can prove more costly and stressful. For your specific case, contact the lawyers at Farber, Pappalardo & Carbonari to see if mediation is the right choice for your divorce.

What is marital collaboration?

New to New York, marital collaboration is a way of settling divorce and domestic issues without going to court. This method differs from mediation in several ways:

  • Both parties bring lawyers
  • During mediation, power and dominance issues present in the relationship can arise. In collaboration, certified collaboration lawyers step in to guide the discussion and protect their clients' rights
  • Both parties sign a contract stating that the issues will be resolved in the collaborative environment

If the parties fail to agree on the issues, then they must get new lawyers and go to court. This condition serves as an incentive to agree on terms and fairly conclude their divorce proceedings.

Contact us

For clients in Westchester, Putnam, Rockland, and New York counties in New York, your search for capable, accessible, and zealous representation is over. Farber, Pappalardo & Carbonari attorneys seek to resolve your legal issues efficiently and fairly. Call our office today or contact us online for efficient, effective legal representation.