Suffolk County Divorce Lawyer
Suffolk County Divorce Attorney
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Frequently Asked Questions

What are the grounds for divorce in New York?

In October 2010, New York added a "no-fault" ground based on the irretrievable breakdown of the relationship for six months or more. However, there are other grounds for divorce which are as follows: (1) cruel and inhuman treatment; (2) abandonment for one or more years (which may be actual abandonment such as when your spouse leaves the marital home or constructive abandonment such as when your spouse refuses to engage in sexual relations); (3) your spouse has been imprisoned for three consecutive years; (4) adultery; (5) you live separately for a year after a judgment of separation is issued; and (6) you live separately for a year after a separation agreement is signed.

What types of custody are recognized in New York?

There are two types of child custody recognized by New York:

  • Residential/Physical Custody: Where the child resides the majority of the time, where the child will attend school, and which parent shall receive child support.
  • Legal Custody: A parent's right to make major decisions regarding the child(ren)'s welfare.

What are the most common custodial arrangements?

The most common custodial arrangements are as follows:

  • Sole legal and physical/residential custody: This type of custodial arrangement is where the children primarily reside with one parent and that parent also retains exclusive decision-making authority on behalf of the children.
  • Joint legal custody with primary physical/residential custody: Under this custodial arrangement, the children primarily reside with one parent; however, both parents share the decision-making authority on the major issue issues concerning the health, education and general well-being of the children. Sometimes, as an alternative, parties will chose spheres of influence whereby one party decides on the medical issues, for example, and the other, on extra-curricular activities.
  • Shared legal and physical/residential custody: This custodial arrangement is where the children split their time equally between both parents and both parents share the decision-making authority on the major issue issues concerning the health, education and general well-being of the children. Under this custodial arrangement, child support is generally resolved between the parties. However, were a Court to decide the issue, the party who earns the greater income is deemed to be the non-custodial parent for child support purposes and the child support statutory formula (CSSSA) is applied to the combined parental income.

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Jane K Cristal P.C. - Suffolk County Divorce Lawyer
Located at 200 Old Country Road, Suite 400, Mineola, NY 11501.
Phone: (800) 817-5029.
Local: (516) 739-0102.
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