divorce lawyer in Rego Park

No. New York follows equitable distribution, which means marital property is divided fairly based on the circumstances rather than automatically divided exactly in half. An equal division can be appropriate in some marriages, but the law doesn’t require a 50/50 result in every case.

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The first question is usually whether something is marital property or separate property.

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Marital property generally includes property acquired by either spouse during the marriage, even when only one spouse’s name appears on the account or title. Separate property can include certain property owned before marriage, inheritances, and qualifying gifts from someone other than a spouse.

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If one spouse also has a pending personal injury claim that is represented by an attorney, your divorce lawyer can determine what, if anything, about that claim or recovery needs to be addressed in the property analysis.

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Once marital property is identified, the court considers statutory factors and the circumstances of the spouses when determining an equitable distribution.

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A recent appellate decision again explained that equitable distribution doesn’t necessarily mean equal distribution.

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So seeing your spouse’s name alone on a bank account, retirement account, business interest, or another asset doesn’t necessarily tell you whether you have an interest in it.

There isn’t one automatic outcome for the marital home. Depending on the ownership, equity, and overall property settlement, the home might be sold, one spouse might keep it, or one spouse may remain there for some period while other issues are resolved.

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For many Rego Park families, the home may be a co-op or condo as easily as a traditional house. Either way, the first questions usually involve how the property was acquired, whether it is marital or separate property, and what each spouse can realistically afford.

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A resolution might involve:

• Selling the property and addressing the proceeds
• One spouse retaining the property while the other receives value elsewhere
• A buyout of one spouse’s interest
• Temporary possession while the divorce remains pending
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New York law gives the Supreme Court authority to determine property rights between spouses and make orders concerning possession when appropriate. Marital property is then subject to equitable distribution as part of the divorce.

If parents can’t agree on custody, a New York court decides based on the best interests of the child. There isn’t an automatic rule favoring the mother or father simply because of gender.

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Custody has two major components: responsibility for important decisions involving the child and the child’s physical care and living arrangements.

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When parents can’t agree, a judge may consider factors such as:

• Each parent’s history of caring for the child
• Parenting ability
• The child’s health and safety
• Each parent’s physical and mental health
• Work schedules and child care arrangements
• Domestic violence
• The child’s relationships with siblings and other family members
• Each parent’s ability to meet any special needs
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There isn’t one factor that decides every custody case. New York Courts expressly describes the child’s health and safety as paramount concerns and explains that the court evaluates the facts of the individual family.

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Beyond the legal custody factors, reducing children’s exposure to conflict and maintaining as much stability as possible can also help them adjust while their parents separate or divorce.

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That is also why custody disputes deserve their own strategy instead of being treated as just another box to check during a divorce.

New York uses statutory child support guidelines that consider parental income and the number of children being supported. The basic calculation is only part of the picture because health care, child care, education, and other qualifying expenses can also matter.

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The basic statutory percentages are currently:

• 17 percent for one child
• 25 percent for two children
• 29 percent for three children
• 31 percent for four children
• At least 35 percent for five or more children
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Those percentages are applied through the statutory calculation and the parents’ respective shares of income. New York also periodically adjusts the income cap used in the guideline calculation.

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Additional obligations can include certain child care, medical, and educational expenses.

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The online number someone gets from a calculator can therefore be a useful starting point, but it doesn’t always tell the whole story.

Spousal maintenance isn’t automatic in every divorce. New York uses statutory guidelines, income information, and other factors to determine whether maintenance may be appropriate.  Once maintenance is found to be appropriate, they then decide how much may be paid and how long it may continue.

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There can also be a difference between temporary maintenance while the divorce is pending and post divorce maintenance after the marriage ends.

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Depending on the circumstances, relevant considerations can include:

• Each spouse’s income and earning ability
• The length of the marriage
• Age and health
• Time spent outside the workforce
• Education or training needs
• Child care responsibilities
• The availability and cost of health insurance
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New York’s current law includes guideline calculations as well as circumstances that can justify an adjustment when the guideline result would be unjust or inappropriate. The courts also provide current maintenance worksheets and calculators.

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So whether someone calls it alimony or maintenance, it shouldn’t be assumed that one spouse automatically receives it simply because the other earns more.

There isn’t a trustworthy average price that can tell you what your divorce will cost before an attorney understands your situation. A relatively straightforward divorce can require much less legal work than a case involving custody, extensive financial disclosure, business interests,or trial.

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That is why I wouldn’t use the competitor numbers claiming every simple divorce costs one amount and every contested divorce falls into another range.
New York has specific rules governing attorney fees in matrimonial matters.

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A private attorney charging a fee must provide a written retainer agreement explaining matters such as:

• The advance retainer, if any
• Hourly rates
• What expenses the client pays
• How billing works after the retainer is used
• How frequently bills will be provided
• The scope of the attorney’s services
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New York requires itemized billing at least every 60 days, and matrimonial attorneys can’t charge a nonrefundable retainer. Attorney fees also can’t be contingent on obtaining a divorce, custody result, or a particular amount of support or property.

Yes, a court can require one spouse to contribute toward the other spouse’s attorney fees in a divorce. New York law creates a rebuttable presumption that counsel fees should be awarded to the less monied spouse, although the final decision depends on the circumstances of the case.

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This rule matters when one spouse controls most of the household income or financial resources.

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Domestic Relations Law §237 directs courts to consider the circumstances of the spouses and seeks to make sure both sides can be adequately represented. Applications for attorney and qualifying expert fees can also be made before the final judgment rather than requiring the less monied spouse to wait until the divorce is over.

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That doesn’t mean your spouse automatically pays your entire legal bill.
It does mean that having less access to money doesn’t necessarily mean you have to face a financially stronger spouse without asking the court for help with the cost of representation.

Not necessarily, but you should be certain that “we agree” actually means you understand and agree with everything in the documents you’re being asked to sign. A divorce can look uncontested until the proposed terms reveal that one spouse is giving up far more than they realized.

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The New York Courts provide forms that qualifying spouses can use for an uncontested divorce, so hiring an attorney isn’t legally required in every simple case. The court system nevertheless recommends considering legal advice because divorce agreements can determine important rights involving children, finances, property, and support.

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The Boyko Law Firm has seen exactly why that review can matter.

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One client came to the firm expecting an uncontested divorce after her husband presented documents for her to sign. She had a feeling that she should have someone review them first.

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That review revealed that the proposed terms heavily favored her husband.
Instead of simply signing and completing what she thought would be an uncontested divorce, she decided to protect her interests. The matter ultimately involved fighting for child custody and other important terms, and she reached a substantially more favorable result than what had originally been put in front of her.

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Every divorce is different, and an attorney reviewing an agreement doesn’t mean the case needs to become a fight. Sometimes the review confirms that the agreement makes sense.

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But agreeing that the marriage should end is very different from knowing that everything you are being asked to sign is fair to you.

Divorce records in New York receive stronger confidentiality protections than ordinary public court files. Domestic Relations Law §235 generally prevents people other than the parties and their attorneys from inspecting or copying many matrimonial records unless a court permits access.

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Protected records include materials such as pleadings, affidavits, findings, judgments, separation agreements, and testimony covered by the statute.

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That protection matters because divorce cases can contain extremely personal information about:

• Finances
• Children
• Relationships
• Health
• Property
• Allegations between spouses
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But confidentiality shouldn’t be described as absolute secrecy.

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The statute itself allows access when a court orders it, and particular information can be treated differently depending on what was filed and why access is sought. New York Courts specifically classify information from matrimonial proceedings as confidential records under Domestic Relations Law §235.

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So if privacy is a major concern during your divorce, tell your attorney early rather than assuming everything filed with the court is either completely public or completely invisible.

An arrest during a divorce can create a separate criminal case while the divorce continues. If you are accused of violating an order of protection, take the situation seriously and don’t try to solve it by contacting your spouse again.

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Violating a temporary or final order of protection can constitute criminal contempt. New York Courts also explain that police must make an arrest when there is reasonable cause to believe an order has been violated under circumstances requiring mandatory arrest.

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One detail is especially important:
An order of protection doesn’t disappear because your spouse contacts you first.

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Current New York court forms state that the order remains in effect even when the protected person agrees to have contact. Only the court can modify or terminate the order.

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After an arrest, the accused person is generally brought before a judge for arraignment. The judge addresses the charges, whether the person will be released or held under legally available conditions, and whether an order of protection will be issued or continued. Defense counsel has an opportunity to advocate regarding release.

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If you are arrested while your divorce is pending, call the Boyko Law Firm immediately. Our managing attorney can help address the immediate legal situation, advocate for your release where appropriate, and consider how the arrest or allegations may affect the divorce.

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Most importantly, don’t call, text, visit, or send someone else to contact your spouse in an attempt to clear things up when doing so could violate an existing order. That can turn one allegation into a much larger problem.