The Blog of Ryan S. Besinque, Divorce Attorney. Learn about the NYC divorce process and get answers to commonly asked questions about family law.
In New York, joint custody may refer to joint legal custody, joint physical custody, or both when parents are separated, divorcing, or involved in a custody case. Under joint legal custody, both parents make major decisions about a child’s education, healthcare, and religion together. Under joint physical custody, the child
Successful joint custody in New York depends on four core concepts: communication, cooperation, collaboration, and compromise. When parents master these principles, they create a stable and collaborative relationship that prioritizes their children’s well-being above personal differences. Joint legal custody requires both parents to share decision-making authority, and New York courts
Yes, even if you and your spouse choose mediation, New York law still requires you to plead statutory grounds for divorce. Since 2010, the no-fault ground under Domestic Relations Law (DRL) § 170(7) has been available to spouses who meet New York’s residency requirements, so grounds are rarely an obstacle.
When it comes to child custody cases in New York, the primary consideration for the court is the “best interests of the child.” The court evaluates multiple factors, including the types of custody available, each parent’s fitness and circumstances, the child’s own preferences, and whether parents can resolve custody through
Parents in Manhattan and throughout New York can agree to a child support amount that differs from the statutory formula, but only if the agreement meets specific legal requirements. Under Domestic Relations Law (DRL) 240(1-b), the Child Support Standards Act (CSSA) establishes a percentage-based formula that produces what courts call
Bigamy is the act of contracting or purporting to contract a marriage while a prior spouse is still living and the earlier marriage has not been legally dissolved. Under New York Penal Law § 255.15, bigamy is a Class E felony. New York’s sentencing law permits a sentence of up
In most cases, no. If you and your spouse agree on all major issues and file complete paperwork, a judge can review and sign your divorce decree without requiring either of you to appear in court. New York law allows uncontested divorces to be resolved entirely on paper, and many
Not consummating a marriage does not automatically make it eligible for annulment in Manhattan or anywhere else in New York. Under New York Domestic Relations Law (DRL) Section 140(d), non-consummation becomes legally relevant only when one spouse has a continuing, incurable physical incapacity to consummate the marriage (sexual intercourse). At
Divorce mediation is a collaborative process where a neutral third party helps both spouses negotiate agreements on property division, child custody, and support outside of court. Hiring a lawyer, by contrast, means each spouse retains separate legal representation, which may lead to litigation if the couple cannot agree. The right
Domestic Relations Law (DRL) § 236(B) does not limit what you can negotiate in mediation. It actually expands your options. The statute sets the rules New York courts follow when dividing marital property, calculating spousal maintenance, and handling financial issues in divorce. In mediation, you and your spouse use those
In New York, joint custody may refer to joint legal custody, joint physical custody, or both when parents are separated, divorcing, or involved in a custody case. Under joint legal custody, both parents make major decisions about a child’s education, healthcare, and religion together. Under joint physical custody, the child
Successful joint custody in New York depends on four core concepts: communication, cooperation, collaboration, and compromise. When parents master these principles, they create a stable and collaborative relationship that prioritizes their children’s well-being above personal differences. Joint legal custody requires both parents to share decision-making authority, and New York courts
Yes, even if you and your spouse choose mediation, New York law still requires you to plead statutory grounds for divorce. Since 2010, the no-fault ground under Domestic Relations Law (DRL) § 170(7) has been available to spouses who meet New York’s residency requirements, so grounds are rarely an obstacle.
When it comes to child custody cases in New York, the primary consideration for the court is the “best interests of the child.” The court evaluates multiple factors, including the types of custody available, each parent’s fitness and circumstances, the child’s own preferences, and whether parents can resolve custody through
Parents in Manhattan and throughout New York can agree to a child support amount that differs from the statutory formula, but only if the agreement meets specific legal requirements. Under Domestic Relations Law (DRL) 240(1-b), the Child Support Standards Act (CSSA) establishes a percentage-based formula that produces what courts call
Bigamy is the act of contracting or purporting to contract a marriage while a prior spouse is still living and the earlier marriage has not been legally dissolved. Under New York Penal Law § 255.15, bigamy is a Class E felony. New York’s sentencing law permits a sentence of up
In most cases, no. If you and your spouse agree on all major issues and file complete paperwork, a judge can review and sign your divorce decree without requiring either of you to appear in court. New York law allows uncontested divorces to be resolved entirely on paper, and many
Not consummating a marriage does not automatically make it eligible for annulment in Manhattan or anywhere else in New York. Under New York Domestic Relations Law (DRL) Section 140(d), non-consummation becomes legally relevant only when one spouse has a continuing, incurable physical incapacity to consummate the marriage (sexual intercourse). At
Divorce mediation is a collaborative process where a neutral third party helps both spouses negotiate agreements on property division, child custody, and support outside of court. Hiring a lawyer, by contrast, means each spouse retains separate legal representation, which may lead to litigation if the couple cannot agree. The right
Domestic Relations Law (DRL) § 236(B) does not limit what you can negotiate in mediation. It actually expands your options. The statute sets the rules New York courts follow when dividing marital property, calculating spousal maintenance, and handling financial issues in divorce. In mediation, you and your spouse use those
