A: This depends on several factors. The more issues that can be resolved through settlement, rather than litigation, the faster the divorce can be finalized. Litigation is a long and drawn out process. If the matter has to be decided by the Court, it could take up to a year before going to trial. Additionally, if there are unresolved issues regarding children, the Court would most likely appoint a lawyer for the children, and could appoint a Forensic Psychologist to provide a report and recommendations.. ​

A: Generally speaking, child support is governed by a statute called the Child Support Standards Act. This act includes a statutory formula to determine the child support obligation based upon both parents' income and the number of children subject to the order. However, the Court may deviate from these guidelines, in its discretion, if it feels the presumptive amount of child support would leave the non-custodial parent unable to pay their own expenses or is otherwise not in the children's best interests. Please click here for more information on the Child Support Standards Act.

A: Much like child support, there is a statutory formula used to determine spousal support, and there are factors that the Court considers when determining the duration of the award. The purpose of maintenance is to support the spouse while they work to become self-supporting. The amount of time this will take, along with the length of the marriage, are two of the main factors in determining the duration of the maintenance award. Click here for more information on the statutory maintenance guidelines.

A: ​This is dependent upon the nature of the action, how many issues are unresolved, and whether it will ultimately be settled out of court, or taken to trial. The more court appearances that are involved, the more costly the action becomes. I will do my best to keep you costs down as much as I can and reach a swift and equitable resolution to your matter.

A: Services are charged based on an hourly rate. You will receive a monthly invoice detailing what work was done, how long it took, and how much it cost. For matters in which I represent one party, a retainer fee is taken in advance of services rendered, and your invoice would show how much is remaining in your account after deducting the costs of services performed for that month. If your retainer is repleted, you would be required to replenish it. All of this is outlined in a retainer agreement that you would sign prior to any work being started on your case.

For mediation clients, there is no advance retainer fee, and you pay after each session, which typically lasts 1-2 hours. There are separate flat fees for drafting the agreement and filing the divorce paperwork with the Court.

A: If you are unable to resolve custody and visitation by agreement, a judge will decide the issue only after a full trial during which testimony will be taken and evidence will be entered for the judge to review. Sometimes experts are appointed by the Court prior to the trial, and they are tasked with evaluating the parties and children and making a reccomendation. The Court will then make a determination based upon what is in the best interest of the child(ren)

A: Physical/residential custody simply refers to with whom the child resides for the majority of the time. It is possible for parties to share physical custody, but this requires that the parties live relatively close to each other so it is not a hardship for the children to get to school, and that a split schedule is a viable option for the children. Legal custody refers to who makes major decisions about the child(ren)'s health, education, religion and general welfare. Parties that are amicable will often agree to joint legal custody, meaning they will makes these decisions together. NY courts usually will not award joint custody in instances where the parties cannot agree, as this is an indication that they are not capable of putting their differences aside and making decision based upon what is best for the child(ren). There are other, more creative options that can be agreed upon in terms of decision making. These includes appointing a final decision maker in the event of a disagreement, and spheres of influence where each party has a certain "category" of major decisions for which they are appointed the final decision maker.

A: An attorney for the child(ren) is often appointed in cases where custody and parenting time is not resolved relatively quickly. This attorney represents the child(ren) in a similar fashion to the way your attorney represents you. The purpose of this attorney is for the child(ren) to have a voice/say in the proceedings without actually being present. The attorney for the child usually advocates for what the child(ren) want, although there are certain exceptions. The AFC's recommendations do carry a certain weight with the Court, but are not the deciding factor. As stated above, in the event an agreement cannot be reached, the judge will make the final determination after a full trial and review of testimony, evidence and expert reports.