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Answering questions does not create an attorney/client relationship. Before making any decisions regarding your marital difficulties, consult a professional. For a free legal consultation with an experienced laywer at RCM Law Offices, call 518-389-2900.
Frequently Asked Divorce Legality Questions
Question #1: I am required to pay my ex $2,000 in maintenance per month pursuant to the terms of our judgment of divorce. Can I have these payments reduced or terminated?
Answer #1: Yes. However, this would be difficult. In New York a person can have his/her maintenance obligation reduced if he/she can prove that the maintenance obligation is an extreme hardship. This standard is difficult to meet but some common examples of events that qualify are an involuntary loss of employment or a health problem.
Question #2: My spouse committed adultery, does this mean that I get all the marital assets?
Answer #2: No, as a general rule a spouse does not receive a lesser share of the marital estate based upon marital fault. There is an exception when a spouse’s conduct is considered “egregious.” Thus far, the only type of behavior which has been held to be egregious is violent behavior.
Question 3: I purchased my house prior to getting married. Is my spouse entitled to any portion of my house?
Answer 3: No, your house is considered your separate property as it was purchased prior to marriage. However, your spouse may be entitled to receive a distributive award based upon the amount your house increased in value during your marriage. To receive such a distributive award your spouse must prove that his/her efforts caused the house to increase in value.
Question #4: Can the court order me to pay my spouse’s counsel fees?
Answer #4: Yes, the Court may in its discretion order either party to pay the other party’s counsel fees. Generally, if one party has a far greater income than the other party, the party with the greater income will be ordered to pay the other party’s counsel fees, although this is not the only factor.
Question #5: How much will the divorce cost me?
Answer #5: This is impossible to say because it depends on many factors outside the control of your attorney. The vast majority of matrimonial attorneys bill on an hourly basis and their rates will generally be somewhere between $150-$500 per hour. My rate is $195 per hour. If both parties are reasonable and cooperative, the divorce could cost as little as $1,000. If either or both parties are unreasonable, the divorce could cost tens of thousands of dollars. Another factor which could make the cost less is the presence of experienced attorneys on both sides of the case. Experienced matrimonial attorneys can in many instances mitigate the cost.
Question #6: How is child custody determined?
Answer #6: The Court determines child custody based upon what is in the “best interest” of the subject child. This includes a review of a variety of factors including but not limited to: each party’s involvement with the subject child, each party’s parenting skills, each party’s work schedules, each party’s use or non-use of intoxicants, and, possibly most importantly, the child’s preference.
Question #7: I want a judge to order my husband to leave the house while my divorce action is pending. Is this possible?
Answer #7: That depends. If you can prove that your husband is a danger to you or any family member living in your household, then the answer is yes. If you cannot prove that your husband is a danger to you or a family member, then the judge cannot order him to leave your house. There is one exception to this. If your husband has an alternate residence, then you do not need to prove he is a danger. In that instance, all you need to prove is that there is “marital strife”. Marital strife is very easy to prove as all that means is that marital disharmony exists. If you are in the process of a divorce action, it is pretty safe to say that there is marital strife.
Question #8: My spouse has a bank account in his sole name with a balance of several thousand dollars. Am I entitled to receive any portion of that account?
Answer #8: If that account was acquired during marriage, yes. New York law states that all property acquired during marriage is marital property regardless of title.Have Additional Questions Related to Divorce? Call Us Today At (518) 389-2900.
Get In Touch With RCM Law Offices
Call: (518) 389-2900
Rhoades Cunningham Mcfadden PLLC
6 Century Hill Drive,
Suite 3
Latham, New York 12110
