Frequently Asked Questions About Divorce and Family Law
Answers from a Queens Divorce Attorney
Find answers to your questions about divorce and family law issues here. Use the FAQ section to find answers to common questions that many clients ask during divorce and custody cases. If you don’t see an answer to your question, call the Law Offices of Bruce Feinstein, Esq. today to see how we can better serve you and your needs.
Do we need to go through a trial to get a divorce?
No – not every divorce case needs to go to trial. Some spouses can agree to divorce without contesting financial or other divorce-related issues such as division or assets and child custody. If this is the case you do not need to go to trial.
If you and your spouse do disagree on a part of the divorce you may need to go to trial to resolve that issue. In this case, a judge will make a final decision on the issue(s).
When is my divorce official?
A divorce is official once a Judgment of Divorce is signed by a judge. This may take some time after divorce documents are submitted to the court, and will depend on the case.
What happens if I have an existing family court matter when I file for divorce?
If you have an open family court matter when you file for a divorce, your attorney will most likely submit a motion to the court to consolidate the family court matter with the divorce matter. If they are not consolidated the matter will remain under the jurisdiction of the family court.
Are both spouses’ incomes included when calculating child support?
Determining whether both spouses’ incomes will be considered will depend on the type of child support you choose. Basic child support will only use the income of the parent who is paying, not both parents. But additional support such as day care and other expenses may mean that both spouses’ incomes will play a part and affect the final contribution.
What is the difference between Joint Custody and Sole Custody?
Sole custody means that one parent can have either sole legal or sole physical custody of a child/ren. Joint custody means that both parents share the decision-making responsibilities of their child/ren such as education and medical care. This may also include or be limited to sharing physical control and custody.