FAQ

Today, all divorces are attributed to irreconcilable differences and New York is a no fault divorce jurisdiction. 

Filing uncontested is typically considerably cheaper, however, both parties must be reasonably close to agreement on all issues. 

Many attorneys will tell you there is no way to predict. Well, they are just trying to take advantage of you. An uncontested divorce that is not complicated can be as little as $2,000. A contested divorce will depend upon how long the case goes depends on whether parties agree.

The divorce is granted when the parties have reached an agreement on all issues or after a hearing and the court decides the contested issues, so all of the issues are resolved at one time.

In very rare instances, if trials last multiple days over a span of time, the court may grant the divorce following the testimony of both parties although the final order or decision on a complicated contested issue may not be completed yet.

In New York, “maintenance,” which is also called “alimony” or “spousal support” in some states, is money that one spouse pays the other during and/or after a divorce.

No. Maintenance is always paid by the higher earning spouse. So, it doesn’t matter if it’s the husband or the wife. Whoever is the higher earning spouse is going to pay the lower earning spouse the maintenance as long as it is dictated by the maintenance/alimony/spousal support formula in New York.  I’ll get to the formula in a little bit.

Marriages that lasted 15 years or less, it is 15-30% of the duration of the marriage. A 15-20-year marriage, it is 30-40% of the duration of the marriage. And over 20 years, it is 35-50% of the duration of the marriage.

The law contains two formulas: One for couples with children and one for couples without children. These formulas are constructed to calculate the amount of maintenance that should be paid, and an advisory schedule for determining how long the maintenance should be paid for. Those with children will have an added component to their maintenance in the form of child support.

Like I said before, the formula is different for marriages where there are children or no children. By children, I mean children who are going to be subject to a support order, which are generally unemancipated children under the age of 21. Unemancipated means they are not married themselves or in the military or self-supporting.

Payment by a parent on behalf of a child, usually until that child turns 21 (in New York – 18 in many other states). Child support payments are generally non-taxable to the recipient parent, and non-tax deductible by the payor parent.

It’s helpful to think of child support, or a child support award, as being comprised of two parts. There’s the basic child support obligation, which is intended to cover expenses like food, shelter and clothing for the child. Basic child support is usually paid from one parent to the other to help support the child in the recipient’s home.

Then, there are the “add-on” categories within the child support award, which include child care, health care and educational expenses. These add-on expenses are often paid to a third party such as a doctor, babysitter or tutor. You’ll probably have a basic child support obligation