Best Business Attorneys in Smithtown, NY

The length of a divorce varies in each case and depends on numerous factors including the parties to the divorce, the county the divorce is filed in, the judge, and the nature of the divorce. Uncontested divorces where both spouses agree to the divorce and are able to resolve all issues related to child custody, support, visitation, equitable distribution of assets and debts, and how all personal and real property is divided generally take between four to six months. Contested divorces generally take anywhere between six months and two years. If the parties cannot agree on issues such as custody or finances, the case will take even longer.

In New York, parents are legally required to support their children until the age of 21. Child support is occasionally extended until the child graduates college, or attains the age of 22, whichever occurs first. A parent is no longer required to pay child support for a child under the age of 21 who is emancipated. Emancipation may occur if the child becomes married, is self-supporting, or joins the military.

After you receive a Summons and Notice for Divorce, you have twenty days to respond. Although not all divorces require an attorney, it is in your best interest to consult with an attorney in order to obtain a better understanding of the divorce process. If you decide to retain an attorney, your lawyer will prepare and file all of the necessary documents with the court, communicate and negotiate with the opposing attorney, and zealously advocate on your behalf throughout the divorce to achieve a favorable outcome.

Yes, but the party seeking financial assistance must make an application to compel the other party to pay for some of the college costs if the parties cannot reach an agreement on the issue. Generally, the college costs for the children are split by the parties on a pro-rata basis, taking into account the incomes of both spouses. The court may also place a cap on the college costs paid by both parents, usually up to the cost of attending a SUNY school.