Gravett Law Firm, P.C. Family Law FAQs
FAQs (Frequently Asked Questions)
In a divorce, there is a myriad of questions and issues to consider and to discuss with your attorney:
Thinking About Divorce
- What is the difference between “divorce” and “legal separation”?
- How long will my divorce take?
- How much will my divorce cost?
- Do I need an attorney?
Starting the Process
- What should I do if I am served with divorce papers?
- What are the grounds for divorce in New York?
- Do I have sufficient proof to establish a ground for divorce?
- What if I cannot establish a ground for divorce?
- How will fault affect custody of the children and division of our assets?
While the Divorce Action is Pending
- Will I be able to stay in the marital home?
- What about custody of the children and spending time with them?
- How much will I receive or how much will I have to pay in temporary support?
- What about health insurance coverage for the children while the divorce is pending?
Children
- What does “sole custody” and “joint custody” mean?
- What is the difference between “physical custody” and “legal custody”?
- Is shared custody (“50/50”) an option?
- Who will represent the children’s interests in court?
- Will the children ever have to be in court?
- What is a “forensic evaluation”?
- What is “supervised visitation” and when is it necessary?
- Who is responsible for the financial support of the children?
- How much will I receive or how much will I have to pay in child support?
- What about child care expenses? Health insurance? Educational costs? Unreimbursed medical expenses? Summer camp?
Assets and Debts
- What assets will be considered “marital property”?
- Can I retain an asset exclusive of my spouse (as my “separate property”)?
- What will happen to the marital home – Will it be sold or transferred to one of us? How will it be valued?
- Who will have possession of the vehicles, furniture, antiques, family photos and mementos, bank accounts, brokerage accounts, stocks, bonds, and items of sentimental value?
- How will our pension and retirement benefits be distributed?
- Does my or my spouse’s business need to be valued?
- Does my or my spouse’s degree/professional license/practice need to be valued?
- Does my spouse or do I have “enhanced earnings capacity”?
- Will my spouse or will I be entitled to receive maintenance (alimony), and for what period of time?
- What will happen to my health insurance?
- Do I have to continue to provide health insurance for my spouse?
- What about the children’s health insurance coverage?
- Do I have to maintain life insurance?
- What are the tax consequences of dividing our assets?
- Who will be responsible for income tax or capital gains tax?
- Who will be responsible for the marital debt?
- What happens if I file or my spouse files a petition in bankruptcy?
