Family Law & Divorce FAQs

A:Whether you are hoping for an amicable divorce or are separating because of irreconcilable differences, you need someone protect your interests. There are many details in a divorce that must be sorted out, including asset distribution, child custody and support, spousal support (alimony), and determining the full worth of property, among other things. As hopeful as some people are to figure these things out on their own, the scope of it is much larger than many people realize, and it can quickly become overwhelming. When the situation feels complicated, arguments usually start to get more aggressive. Your lawyer serves as your representative in these proceedings, ensuring you receive a fair deal. Mr. LoPresti works with skilled forensic accountants, and can investigate the full worth of both your and your spouse’s assets.

A:The best course of action is to meet with an attorney and discuss your situation. Your lawyer can guide you through the divorce process and help you file the paperwork. If you would prefer to begin filing for divorce before meeting with a lawyer, you will need to buy an index number at the county clerk’s office and file a Summons with Notice and a Verified Complaint with the reason for your divorce. New York is a no-fault divorce state, meaning you can get divorced if you have been married for at least six months and feel the relationship can no longer work.

A:This depends on your family’s financial situation. It is a common misconception that alimony is always paid to the wife, but in actuality, the courts award alimony to the spouse who needs it the most. The goal of alimony is to ensure both spouses can continue to maintain a similarly comfortable lifestyle after their separation. For this reason, alimony is almost always given to the spouse with the lower paying job. There may be exceptions to this if said spouse has a large inheritance or savings they can draw from.

A:As mentioned above, it is always a good idea to have an experienced lawyer overseeing your case, even if both sides want to end things amicably. An uncontested divorce is one where both spouses want to get divorced and have agreed to fair distribution of assets, child custody, and other matters. The longer these cases go on, the more details begin to reveal themselves, and many couples find themselves arguing over things they never expected to. Having an attorney present can actually help maintain the civility of your divorce. Your lawyer can look at the situation without emotion and can help both sides find a reasonable solution.

A:In many cases, having a marital contract prepared can make the divorce process much easier. However, depending on how long it’s been since you last revised your agreement, the terms set forth may no longer be tenable for your situation. It is possible to challenge the terms of a marital agreement at the time of divorce, but it is highly recommended you hire an attorney to do so. Likewise, you will want to hire a lawyer if your spouse is attempting to challenge a marital agreement you want to uphold.

A:Divorce is the primary reason people seek out a lawyer, but professionals in this field can also handle adoption and guardianships, child custody disputes, child protection, asset distribution, draft pre and postnuptial agreements, and settle legal disputes between family members. Additionally, Anthony J. LoPresti works with experienced forensic accountants and can investigate the actual value of yours or your spouse’s assets and property.