The Blog of Ryan S. Besinque, Divorce Attorney. Learn about the NYC divorce process and get answers to commonly asked questions about family law.
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
Divorce mediation in Manhattan typically takes anywhere from a few weeks to several months, depending on the issues involved. Couples with straightforward finances and few disputes may finish in three to five sessions, while cases involving significant assets, contested custody arrangements, or disagreements over spousal maintenance can extend the process
A contested divorce occurs when spouses disagree on one or more major issues, such as asset division, child custody, or spousal support, requiring court intervention to resolve disputes. An uncontested divorce means both spouses agree on all terms of their separation and only need minimal court involvement to finalize the
When one spouse intentionally delays divorce proceedings in New York, you have legal options to keep the case moving forward. Courts can impose sanctions on a spouse who stalls, including ordering them to pay your attorney fees. You can also pursue a default judgment if your spouse refuses to respond,
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
Divorce mediation in Manhattan typically takes anywhere from a few weeks to several months, depending on the issues involved. Couples with straightforward finances and few disputes may finish in three to five sessions, while cases involving significant assets, contested custody arrangements, or disagreements over spousal maintenance can extend the process
A contested divorce occurs when spouses disagree on one or more major issues, such as asset division, child custody, or spousal support, requiring court intervention to resolve disputes. An uncontested divorce means both spouses agree on all terms of their separation and only need minimal court involvement to finalize the
When one spouse intentionally delays divorce proceedings in New York, you have legal options to keep the case moving forward. Courts can impose sanctions on a spouse who stalls, including ordering them to pay your attorney fees. You can also pursue a default judgment if your spouse refuses to respond,
