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Frequently Asked Divorce Questions

The Syracuse Bombardo Law Office, P.C. concentrates on all aspects of matrimonial and family law cases throughout central New York, including Onondaga, Cayuga, Madison, and Oswego counties. The firm is happy to help clients by providing answers to common legal questions they may have about divorce and family law.

Child support

Divorce

Separation

Child custody

Alimony

Put your case in the hands of a reliable Syracuse divorce attorney

The decisions you make during a divorce can affect your life for many years to come. Through the help of a competent Syracuse divorce lawyer, you can feel confident about making the right choices. At the Bombardo Law Office, P.C., clients benefit from our 20 years of legal practice focused on divorce and family law. Call us at 315.488.5544 or contact us online for a free consultation. We offer consultations during the week and also after hours and weekends by appointment. Clients who qualify can take advantage of our flexible payment options.


Until what age is child support required to be paid in New York State?

Until the child reaches the age of 21.

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How is child support calculated?

In most cases child support is calculated using the guidelines set forth in New York's Child Support Standards Act. Support is calculated by taking a percentage of the combined income of both parents based on the number of children.  The computation is based on the income of both parents — whether married or unmarried — if both are working.  More information on child support in New York State can be found at the following links:

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Does New York State allow a divorce for irreconcilable differences?

Yes.  On August 15, 2010, Governor David Paterson signed no-fault divorce into law in New York. The law went into effect in October 2010, making New York the last state in the country to adopt a no-fault divorce policy. Until 2010, New York recognized divorces only upon fault-based criteria.  As part of this new law, "irreconcilable differences" can now serve as grounds for divorce. It is necessary to state that the marriage has been irretrievably broken for a period of greater than six months, but there is no need to assign blame to either party.

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How is property divided in a divorce?

The court divides property according to "equitable distribution."  This can only occur if the parties are actually granted a divorce; it cannot be done in a legal separation.  The property is divided into two categories: marital and separate property, which are treated differently. Both real and personal property are divided.  Personal property is divided by agreement of the parties and not of the court. Significant personal property, such as retirement, pensions, 401(k)s, and assets of significant value are addressed by the court.

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Can I get legally separated if I don't want to get a divorce at this time or I am unsure but don't want to live with my spouse?

Yes, you may file for legal separation.  A legal separation does not dissolve the marriage but seeks to establish a judgment of separation which may address issues such as child custody, child support, and maintenance. Unlike a divorce action, the parties remain married, and the court may not distribute marital property.

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What does child custody actually consist of?

There are two types of custody — physical custody and legal custody.  Physical custody determines who the child actually lives with and where the child goes to school. Physical custody is usually granted to one parent.  The parent with physical custody is called the custodial parent.  Legal custody refers to decision-making authority, including the authority to make religious, educational and medical decisions affecting the child.  In most cases, legal custody is shared.

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Can I obtain alimony in New York State if I am married?

Yes, although it is known as "maintenance" rather than alimony.  The maintenance is usually of limited duration to allow the recipient spouse to become self-supporting. In long-term marriages, the court has the authority to award maintenance until the death or remarriage of the recipient spouse in limited circumstances.

Have more Questions About Your Divorce?

If you have more questions about your divorce call 315.488.5544 or contact Family Law Attorney Richard J Bombardo online for a free consultation.

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