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Does my spouse need to consent to a divorce in New York City?


Do I have the rights to a child’s custody if I was not married to the mother?


Can I obtain child support without filing for divorce?


Can divorcing spouses both use the same lawyer?




My ex-spouse has had an increase in income. Can I get them to pay more for child support?




If you have other questions on your divorce, contact the law office of Vivien I. Stark, P.C. today. She is a family law and divorce lawyer with over 30 years of experience in marital law. She serves New York City and the surrounding communities and is deeply committed to her clients. Among her accolades, she has been recognized as a top Avvo contributor and divorce attorney with superb ratings. She provides effective representation in matters of divorce and family law.

What is a no-fault divorce?

In New York, a no-fault divorce means that neither spouse is formally blaming the other for the failure of the marriage. “Irretrievable breakdown” (sometimes referred to as irreconcilable differences) is the only reason that needs to be given, as long as it was within six months of filing for a divorce. No-fault divorce often gets confused with an uncontested divorce, but there is a difference. No-fault refers to the reason for ending the marriage. Uncontested, however, has to do with all parenting and financial issues. A divorce is uncontested if both spouses come to a mutual agreement on terms.

How long is the divorce process?

No-fault, uncontested divorces take at least six to eight months from the time the final paperwork is submitted if the courts aren’t backed up and all paperwork is accurate. A contested divorce that is loaded with contentious issues takes much longer. As your New York divorce attorneys, we strive to move things along as quickly as possible without sacrificing precision or a favorable position for you.

How does child support work?

New York law states that both parents are financially responsible for supporting their child until they are 21 (unless the child is married, in the military or otherwise self-sufficient before that time). Child support matters must be resolved before a divorce is finalized. Support is based on a calculation of both parents’ income, inclusive of salary or wages, interest, benefits and other income. In short: anything that would be on your tax return. The court uses this information in making a determination as to how much a non-custodial parent (the parent with whom a child lives most or all of the time) will pay the non-custodial parent (with whom the child lives less often). Child support issues are among the most emotionally charged in a divorce proceeding. Ensuring that children get what they need and what is fair to you is of primary importance.

What’s the difference between legal and residential custody?

Child custody has several parts: residential custody (or physical custody) refers to the place where the child will live and which parent will have the greater responsibility for the day-to-day care and supervision of the child. So, when you hear the term “custodial parent,” that is what is meant. Legal custody refers to decision-making about the child’s future, including education, religion, and health and welfare concerns. Both legal and residential custody can be either sole, in which one parent makes all the decisions regarding the child’s upbringing and with whom the child resides; or it can be joint, in which case, decisions and the child’s living arrangements are shared.

Can custody be shared 50/50?

Yes. Joint (shared) physical custody means that the child lives with each parent as close to half the time as possible. In a 50/50 split of physical custody, the parent with the higher income is still legally responsible to pay child support unless both parents agree to waive the support.

What about alimony?

Maintenance paid while the divorce action is pending is called temporary maintenance or pendente lite maintenance. Post-divorce spousal support is called maintenance. It can be paid for a specific period of time or tied to an event such as death or remarriage. Since the Tax Cuts Jobs Act (TCJA) went into effect, maintenance (alimony as it is referred to by the IRS) is no longer tax deductible to the payor or taxable income to the payee unless the order was entered prior to the effective date of the TCJA.

Do I have to move out of my home?

It’s common to feel uncomfortable residing in the same house as your soon-to-be-ex once divorce papers have been served; however, moving out comes with a set of issues. Resist the urge to pack up your stuff (and take other items that may be considered part of the household), because in doing so, you could be leaving yourself wide-open for a number of unexpected and unpleasant surprises. Consult with one of our attorneys before you move out of your house.

What is a paternity action?

Paternity actions are used to establish whether a man is the biological father of a child. They may be filed by a mother seeking child support or a man who believes he is the father of a child and wishes to establish his parental relationship.