|
|
|
FREQUENTLY
ASKED QUESTIONS |
|
- How is a divorce started?- A New York divorce is started with
the initial filing of a Summons and Complaint. This document is
really nothing more than a lawsuit, but instead of asking for
damages because someone either breached a contract or was involved
in a car accident, the Complaint for Divorce asks the court to
dissolve the marriage, divide property and debt, enter and make
orders appropriate for children (if any), and enter judgment.
I am afraid what my spouse will do if I file
for divorce, what do I do?
- Speak to your attorney about this.
There are many options available if you fear for your physical safety,
the safety of your children and if you are concerned about the property
in your marital estate. If you are ever threatened or physically
abused by your spouse call 911 immediately and explain in detail
to the responding officer exactly what happened. Consult with your
attorney as to what to do next. There are many protections that
Texas law affords to the victims of domestic violence. The protection
also extends to the children.
- Residency restriction what's that?
- Most courts take the position that to allow the parent
who establishes the primary residence of the child to live wherever
that parent wants to live without some geographical restriction
would effectively prevent the non-custodial parent from having
frequent and continuing contact with the child and thus would
make any kind of meaningful relationship between the child and
non-custodial parent virtually impossible. Most child psychologists
have determined that a child's best interests are met when BOTH
parents have continued and frequent contact with the child and
BOTH parents actively participate in the child's life. There is
also evidence younger children who have frequent contact with
the non-custodial parent tend to have a stronger and more meaningful
relationship with the non-custodial parent as opposed to children
who did not have frequent contact with the non-custodial parent.
Statistically the parent-child relationship (sometimes referred
to as "the tie that binds") tends to be much stronger.
Therefore, Courts tend to order possession schedules that further
this aim.
- I was never married to the other parent
of my child, how do I get child support?
- There is no requirement that the parties
be married in order for the custodial parent to receive child
support
- How much child support will I get?
- Child support is generally set at 17% of the net income for the first child, 25% for the next child, 31% for the next child, and so on. These percentages apply to the first $80,0000.00 of the combined parental income.
- I can't find a lawyer, what do I do?
Call me. Manuel J. Machado, Esq. (914) 949-4918. .
- How long will my divorce take to finish?
In my experience, most divorces take between 2-8 months to finish. Of course, this is the general rule, your case may be the exception.
- I have an order establishing child support,
but I am not getting it, what do I do? - - Contact me, or contact the child support collection unit if you are child support is being paid to you through them.
- I do not know where my spouse is, can I
still get a divorce?
- Yes.The information provided on these links
is to be used for general information purposes only and should
not be relied upon as a substitute for legal advice. If you are
facing a legal problem you should seek competent legal counsel.
The information may not be current. s
|
|
|
