FAQS
LEARN ABOUT THE DIVORCE PROCESS IN NEW YORK
FREQUENTLY ASKED QUESTIONS
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HOW DO I KNOW WHICH ATTORNEY IS RIGHT FOR ME?
It is highly recommended that you engage in a comprehensive interview process for prospective attorneys. Ultimately, the attorney you select is one that you will develop a relationship with for however long your case may take. The attorney you select should be someone who satisfies all of your inquiries with realistic, honest answers and does so in a way that is worthy of your trust.
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HOW IS CHILD SUPPORT DETERMINED?
New York State’s child support guidelines are utilized to determine the non-custodial parent's child support obligation. This is a function of each party's income. A number of other variables can also be taken into account. If a party is underemployed, income may be imputed to that party. There are also occasions when the court may deviate from New York’s child support guidelines — it largely depends on your individual situation.
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HOW MUCH SHOULD I EXPECT TO PAY FOR YOUR SERVICES?
FRED New York provides a free initial office consultation for each prospective client. FRED New York requires an initial engagement fee, which is determined based upon the complexity of the case.
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IS CUSTODY AUTOMATICALLY AWARDED TO THE MOTHER?
No. This is a typical bias within society. In order to assess the proper custodial environment for a child, the courts apply the best interest factors as contained within the New York custody laws.
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SHOULD I FILE FIRST?
There is a distinct advantage to filing first in most divorce or family law cases. Specifically, initiating the action not only provides control but also provides an opportunity for ex parte orders to be entered at the time of filing the complaint without a hearing. Typically, these orders will address issues pertaining to custody, parenting time, child support and protection of assets.
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HOW LONG WILL MY DIVORCE TAKE?
It depends on a number of variables, including the complexity of the issues. If you have children it may take longer. On average, an uncontested divorce may take longer than a contented divorce. The duration will differ from case to case due to the unique nature of divorces.
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WHICH FORMS OF PAYMENT DO YOU ACCEPT?
FRED New York accepts cash, check and all major credit cards.
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CAN ONE ATTORNEY REPRESENT BOTH PARTIES?
No. An attorney can ethically provide legal service to one party.
WE PROVIDE FREE INITIAL CONSULTATIONS FOR YOUR CASE
For further advice regarding divorce and family law, talk to a FRED New York attorney at our firm. We are happy to provide answers and suggestions specific to your individual needs.