Frequently Asked Questions About Divorce
Choosing to end a marriage is a huge step. It can be very stressful and emotional, but it can also bring closure to a distressing chapter of your life. Our goal at Donnellan Law, PLLC, is to guide you through this process, explain all of your options and risks, and help you resolve your divorce matter as efficiently and expeditiously as possible. Below we offer answers to some of the most common initial questions we hear from our clients.
I want a divorce. What should I do next?
If you are considering divorce or if your spouse has filed for divorce, contact Donnellan Law, PLLC, to schedule a confidential consultation.
Divorce proceedings require an intensive amount of hard work and preparation in order to ensure both parties agree upon a favorable settlement. Our attorneys will ensure that you have the necessary knowledge to navigate the divorce process and to know what is fair and what to expect.
Our team approach and personal legal road-map will provide you with the guidance to make informed and equitable decisions. You will never feel that you are going at this alone with Donnellan Law, PLLC at your side.
What if I want custody of my child(ren)?
Unless there is a significant reason to do otherwise, most parents are going to receive some form of custody of their children. Our attorneys can assist you in understanding the issues of child custody in New York, how the New York Courts make decisions regarding legal custody, physical custody and parenting time. There are a lot of factors that make up the “best interest test” the Court will rely upon to determine custody and having an experienced attorney to navigate this will help you to achieve your goal.
Can I get spousal and/or child support?
The issues of spousal support and child support can be confusing. Changes in legislation may impact your support award or obligation. Without knowing additional facts in your matter, it is hard to advise if you would be eligible for spousal and/or child support.
Whether you are seeking an initial support order or looking to modify an existing support order, the best way to ensure your legal rights are upheld is to be represented by an experienced family law attorney.
Our attorneys at Donnellan Law, PLLC, will guide you through the support proceedings, will fully explain your legal rights and obligations and will zealously work to ensure a fair and equitable resolution.
Do I have to divide my retirement/pension?
In divorce actions, the retirement assets that were obtained during the course of the marriage are considered marital assets and subject to equitable distribution after a divorce. More often than not, the retirement accounts and/or pension are divided as a result of a divorce. The Courts rely upon a formula, outlined in the case Majauskas v. Majauskas; the marital portion is fifty percent of a fraction where the numerator is the length of time that retirement assets were acquired during the marriage and the denominator is the total amount of time the participant has contributed to the plan.
Retirement division can be tricky, especially if there are pre-marital investments that need to be accounted for. There may be offsets of other assets to avoid division of retirement accounts, as well. The best thing that a litigant can do is to have an experienced attorney on their side to review retirement accounts, determine the marital and pre-marital amounts and answer any questions or concerns that you may have regarding this asset division.
Will I have to sell my house?
This is a very difficult question to answer without having additional background information. Sometimes, houses have to be sold during the course of a matrimonial matter. Other times, a party may buy out the equity interest of another party. Courts will look to the equity in a home, the equitable division of the assets in the divorce matter and whether the party seeking to stay in the house can afford to stay in the home.
If you have more questions or want to speak with an attorney, contact Donnellan Law, PLLC, and schedule a confidential consultation session. Call our Ballston Spa office at 518-602-3820 or fill out our online contact form.