FREE NY Bar Family Law Questions and Answers
In New York, what is the legal effect of a separation agreement?
A separation agreement is a legally binding contract that addresses issues such as property division and support but does not end the marriage; it remains in effect until a divorce is granted.
In New York, what is the primary legal standard for determining child custody?
New York courts use the "best interest of the child" standard to determine custody arrangements, focusing on what will best promote the child’s welfare and development.
Under New York law, how is child support typically calculated?
Child support in New York is calculated using a formula that considers both parents' incomes and the needs of the child, ensuring that support is proportionate and fair.
What is the New York law regarding spousal support (maintenance) during a divorce?
Spousal support is determined based on various factors including the need of the recipient spouse, the ability of the other spouse to pay, and the duration of the marriage.
What is required for a divorce to be granted under New York's no-fault divorce law?
Under New York’s no-fault divorce law, a divorce can be granted if the marriage has been irretrievably broken for at least six months, without needing to prove fault.