Frequently Asked Questions (FAQ)
Under what grounds can I get a divorce?
As of October 2010, you can get a divorce based on no fault. If no fault is not right for you and your spouse, you must have a grounds (a legally acceptable reason) for the granting of a divorce by the New York courts. The legally acceptable reasons, or grounds for divorce, in New York are described in Domestic Relations Law §170. They are:
- Cruel and inhuman treatment
- Living separate and apart pursuant to a Separation Judgment or decree
- Living separate and apart pursuant to a separation agreement
How much does a divorce cost?
There is no way to really pinpoint the exact cost of divorce. A true uncontested divorce can be very inexpensive and easy. Court fees alone in the State of New York can be approximately $400.00, sometimes more.
The Law Office of Judy E. Lukose offers competitive rates for all types of divorces. The reason why contested divorces can go into the tens of thousands is due to the addition of fees for appraisals, investigations, attorneys for children, and trial fees, to name a few.
The cost of a divorce depends on how much and how far you want to litigate.
I feel I need an order of protection, but I am scared of losing my children. Is there anything I can do to protect my children?
Whether it is a criminal or family court order of protection, you have rights when it comes to protecting your children. You should consider including the children on the petition for an order of protection if you feel they need protection. You should also consider filing for custody.
I was recently served with child support papers, but I am not sure I am the father. What are my options?
You have many options if you are not confident you are the biological father. In order for you to be legally obligated to pay child support, you must be determined to be the legal father. If you are married to the mother, there is legal rebuttable presumption that you are the father. Yet, you still have options. If you are not married, then you can become the legal father by signing an acknowledgement of paternity or the Court issuing an order of filiation. If you have not signed an acknowledgement of paternity, you can ask the Court for a genetic marker test.
There are many things that can happen to you while in Court for paternity. Call Ms. Lukose to get legal advice specific to your case.
I have been married a very long time, but I am not sure where my spouse is. Can I still get a divorce?
Although the Court requires personal service on a Defendant for a divorce, there are many options. You can do your own investigation through a searching company. If you truly cannot find your spouse, you can request substituted service or make an application for a divorce by publication.