Frequently Asked Questions During an Attorney Consultation on Contested Divorce in NY for Parties with Children:

The following questions are examples of frequently asked questions during a consultation as it relates to contested divorces for parties with children. These are typically the topics that cover most contested divorce proceedings with children.

Divorces for people with children:

How long do Contested Divorces usually take?
What is the procedure for filing a contested divorce?
Does he/she have to continue to pay the bills during the divorce as they have always done?
Does it matter if the other party was unfaithful during our marriage?
What if he spent money on his paramore?
What if he is hiding assets and has been for quite some time?
What topics/ancillary issues does a divorce cover?
Do my spouse and I need to agree on all ancillary issues in order to be divorced?

Child Custody

How is custody determined by the Judge?
How long will the case typically take?
What is the procedure for filing for custody?
What is a typical visitation schedule?
How are holidays/summer’s split between the parents?
Which parent makes decisions regarding school/religion and medical decisions?
Who makes day to day decisions regarding the child?
What if the child does not want to go visit with the other parent?
Can I move/Prevent the other parent from relocating with the child?
Can Custody Orders be modified?
Can I travel with the child? (Issues with Passports)
What do I do if the other parent talks poorly about me to the child?
Should I keep a journal/log of the events that happen between me, the child and the other parent as I believe it pertains to the case?
Can I talk to the children about the case?
What do I do if the child is sick and the other parent is supposed to have visitation?
What do I do if there is an emergency with the child and the child cannot go visit with the other parent?
What if I believe there is an emergency regarding our child and the other parent?
Can I speak with the child daily when the child is not with me?
Can the other parent/Will I have access to medical records?
Can the other parent/Will I have access to school records?
What if the other party disobeys the order/does not comply with our agreement?
What/When can I bring in evidence to show the Judge?

Child Support

What is the process of filing a child support Petition?
Do I need a Custody Order to file a child Support Petition?
How is child support calculated in Family Court?
What are retroactive payments and how are they calculated?
When does the other parent stop paying child support?
How/when can child support calculations be modified?
Does he/she also have to pay for daycare?
Can I get he/she to pay for college?
Can I get he/she to pay for camp?
What if the other party disobeys the order/does not comply with our agreement?
What/When can I bring in evidence to show the Judge?

Alimony/Maintenance

How is Alimony/maintenance calculated?
How long does alimony last?
Does alimony affect the amount of child support?
Can I get alimony for longer?
Can I get alimony during the pendency of the action?

Equitable Distribution

Will I get to see the assets/liabilities of my spouse?
What is discovery?
What if they are lying about their assets/liabilities?
What if they are not disclosing certain accounts?
Can my spouse get part of my separate bank accounts?
Can my spouse get my retirement benefits?
Can my spouse get part of my business?
Can my spouse get my car?
Can my spouse get my brokerage accounts?
Can my spouse get my inheritance?
What do we do with the marital residence?
What if I want to keep the home?
How do we split the contents in the home?
How do we pick a broker?
How do we split the liabilities in marriages? (i.e loans, credit card debt etc)

If you contemplate a divorce proceeding in NY, contact Rudyuk Law Firm, reputable attorneys who have helped hundreds of families in New York.