New York Divorce & Family Law Attorneys

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Divorce Questions & Answers

Q

How long does it take for one to get divorced?
AThe length of time it takes to get divorced can differ significantly. If the parties involved are on essentially peaceful terms, this can greatly reduce the time it takes to get divorced. However, a hostile divorce where multiple issues need to be litigated can potentially lengthen the time involved. When timing is of great importance, your lawyer will strive to reach an optimal resolution for you as soon as possible.
Q

How much will a divorce cost me?
AThe cost of getting divorced may vary depending on the circumstances of the case. At Berfas & Associates PC, our lawyers understand the financial pressure that getting divorced often entails, and we strive to make the divorce process an affordable one for all of our clients.
Q

Does getting divorced need to be contentious?
ANot at all. Berfas & Associates PC is one of the few New York City divorce law firms that offers several different approaches for the divorce process, including negotiating settlements and litigation. Furthermore, litigation does not always need to be confrontational. While Berfas & Associates PC aims to minimize fighting, our lawyers are well-equipped to go to battle for you when necessary.
Q

Will I be working closely with my attorney?
AYou and your lawyer will be closely working together from the outset of your case until its completion. We recognize that you want to have easy access and open communication with your lawyer. At Berfas & Associates PC, we respond to your communications promptly and are always available to our clients, even after the work day is over.
Q

Which professionals will be working on my case?
ABerfas & Associates PC is one of the few New York City divorce and family law firms who have a team of lawyers, financial consultants, forensic accountants and private investigators working on your behalf. Our experts will analyze the particular legal and financial details of your case so that you will be in the position of power during negotiations and litigation.
Q

Do you have experience working with same sex couples?
AAt Berfas & Asociates PC, we are at the forefront of New York same-sex divorce, as well as the many areas of LGBTQ family law. Our highly skilled lawyers work hard to provide support for our same-sex clients through the process of divorce, property and asset division, spousal support, child support and child custody matters. Our firm takes the time to really understand the specifics of every same-sex divorce situation including your legal, financial, and emotional needs, and work with you to achieve your goals as quickly and successfully as possible.
Q

Do you handle Jewish Divorces?
ABerfas & Associates PC provides dedicated legal service to the Jewish Communities in Manhattan, the Five Towns, Brooklyn and Queens. Many of our attorneys are members of the Orthodox Jewish Community as well. Our firm effectively guides our clients through both the civil court system, as well as the intricate Jewish rabbinical court system, also referred to as Beth Din. This can be particularly important for our Jewish clients who wish to obtain a Jewish Divorce, also known as a GET. This can be a complex process and it is important to use a law firm that is knowledgeable and familiar with Jewish law.
Q

How is child custody determined?
AChild custody is decided based on what is in the best interests of the child. This notion places the child’s emotional health, physical welfare, medical necessities, education and other factors into consideration.
Q

When can I modify my child custody agreement?
AYou can modify your child custody agreement in the event of certain distinct circumstances, including, but not limited to, change in a parent’s economic status, parental relocation and change in the child’s needs. We work closely with child custody lawyers, who represent your children’s needs & desires.
Q

What are my rights regarding property division during divorce?
ANew York is an equitable distribution state, which essentially means that you are entitled to an equitable, fair portion of the marital assets and property.
Q

How does the court calculate property division?
ASeveral factors determine your share of the marital property. The length of your marriage, child custody, your and your spouse’s incomes, and other considerations can all impact the distribution of your marital property and assets.
Q

Do I need a prenuptial agreement?
APrenuptial agreements serve as valuable contracts if problems occur during the marriage. Many couples today are choosing to draft prenuptial agreements in order to safeguard the assets that they bring into the marriage.
Q

How does the court determine child support?
AChild support is determined based on what is in the best interests of the child. Various economic factors, including your income and the child’s specific financial requirements, serve as an integral role in your child support settlement.
Q

Can I modify the terms of child support?
AYou can only change the terms of your child support with the consent of the court. There are several factors used to determine a change to the terms of child support, including, but not limited to, loss of employment, unforeseen medical expenses, or a substantial growth in a parent’s income.
Q

What if my ex does not pay child support?
AUnpaid child support is taken very seriously by the court in New York. If one neglects to pay child support, it can lead to withholding of one’s employment wages, liens on one’s property and even having one’s driver’s license revoked.
Q

Is my divorce private information?
AYour divorce information is kept private by the state of New York. Only you, your spouse and your lawyers will be able to view any of your legal divorce documents.

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