Frequently Asked Questions

Divorce is probably the last thing that you thought you would ever face, but you are not alone in this. As most people who do face divorce do, you likely have some questions you want answered about the process, what to expect, and so on. Below, you will find some of our most frequently asked and answered questions. We hope that you can find the answers you need but if you find that you still have questions, please do not hesitate to reach out to our team at 718-210-0401.

I was told my marriage should just be annulled instead of going through divorce. Is this true?

Maybe. There are differences between a divorce and an annulment. First, an annulment takes place when a marriage was not valid to start with. What this means is that if you and your spouse married under false pretenses, then the marriage can be annulled. If the marriage is valid, then a divorce will need to be filed. It is important that you discuss both options with your attorney to fully understand which option is right for you and your situation.

My ex-spouse told me he will keep the kids from me forever. What do I do?

You need to talk to an attorney immediately. If you do not have a parenting plan in place, when you go through the divorce proceedings, one will be created. Typically, couples are able to work out plans for parenting together but if not, then the judge will create a plan. It is important that all parties stick to the plan in place.

Can my children tell the judge who they prefer to stay with?

Not always. There are age restrictions and not all children are able to make that decision for themselves. In some cases, the judge may listen to what the child has to say before they make their final decision. If you have questions about this process, it is important to speak with a qualified divorce attorney.

Will I lose my home in my divorce?

A home is considered an asset in most divorces, especially if it was acquired after marriage. If you are expecting to keep your home, you should let your attorney know, so they can counsel you on what to expect. Unfortunately, in some divorces, the house must be sold or one of the individuals must purchase out the other. However, this is something that will be discussed with you, so you know what to expect.

Is a same-sex divorce handled the same as a traditional divorce?

Yes. All divorces are handled the same way; however, the circumstances and results for each may be different.

Can my child support agreement be changed?

It is possible. Sometimes, child support agreements are altered when the individual paying child support loses a job, has a change in income, or the child ages out. If you have any questions about child support, please give us a call at 718-210-0401.

Contact us / Book Appoinment

Request a Consultation?: Yes No