Frequently Asked Questions

Answered by Our Attorneys

If you have any questions about immigration law, family law, estate planning, or your available legal options, turn to the knowledgeable attorneys at Lewter Law Firm, P.C. today. Backed by over a decade of experience, our attorneys are deeply familiar with these practice areas. We can effectively navigate you through the legal process as we help you make well-informed decisions about your future. Here, we answered several of our clients’ most commonly asked questions. If you do not see your question below of if you have further questions about the answer we gave, feel free to reach out to us today.

Call Lewter Law today at (516) 990-2036 or contact us online and schedule a consultation with our Garden City firm. We serve clients across Queens, Suffolk County, Nassau County, and the surrounding areas.

What Are the Legal Requirements to Start a Divorce Case in New York?

There are two types of requirements to get divorced in New York State: Residency and grounds. You and/or your spouse needs to have lived in New York for a certain, uninterrupted period of time. This residency requirement is generally for one year, but it may vary in some cases. The grounds requirement means that you need to have a legally acceptable reason for getting divorced in this state.

You will need to prove one of the following grounds:

• Adultery
• Abandonment
• Inhuman and cruel treatment
• Imprisonment for three or more consecutive years
• Live separate and apart pursuant to a separation agreement
• Irretrievable breakdown in the marriage for a period of at least six months

What Is the Difference between Physical Custody and Legal Custody?

Custody, in general, refers to a parent’s legal right to make decisions for their child and control their child’s upbringing. Physical custody refers to which parent the child lives with on a daily basis. A parent who has primary physical custody is often called the child’s primary caretaker, or the custodial parent. Legal custody is the right to make decisions about a child. This includes what religion the child participates in, what type of healthcare the child will receive, where the child goes to school, and more.

What Will Happen to My Property in a Divorce?

New York is an equitable distribution state. This means that when a couple divorces, their marital property must be divided fairly; but it does not necessarily mean the property will be divided equally. Marital property is all property which was acquired by either or both parties during the course of the marriage. Property that is not subject to division is called separate property, and it includes compensation for a personal injury, property acquired prior to the marriage, property given as a gift or received as an inheritance, and more. A judge will take numerous factors into consideration when dividing your marital property.

The judge will consider, among other things, the following:

• The duration of the marriage
• The financial status of each spouse
• The health and age of both spouses
• Whether spousal maintenance has been awarded
• Which parent received custody of the child, as well as the child’s needs