Looking for an Experienced, Qualified Matrimonial, Family or Divorce Lawyer?
It's reported that half of all marriages in the U.S. end in divorce, and going through a matrimonial issue of any type, can be one of the most stressful events in a person's life, especially for the children.
Whether your matrimonial case involves a divorce, adoption, child custody dispute, child support or something else, you need an experienced and qualified matrimonial lawyer who can tell you what your options are and who can help you get through the legal maze.
The Legal Referral Service is a non-profit public service of the New York City Bar Association and we can help you find Matrimonial Lawyer who is right for you.
You can reach one of our experienced referral counselors by calling
(212) 626-7373.
Costs
There is no cost for a referral. When you call us, a lawyer or paralegal will answer the phone and help you find an appropriate way to handle your legal problem. There is no charge for talking to a member of our staff.
Q&A
1. My son is 18 years old and my husband claims that when we divorce, he will not have to pay support for our son. Is he right?
1. My son is 18 years old and my husband claims that when we divorce, he will not have to pay support for our son. Is he right?
No, he is wrong. In New York, unlike some other states, child support terminates at the age of 21, not 18. Under limited circumstances, a child between 18 and 21 may become "emancipated", that is, they are on their own, able to take care of themselves or they have gotten so out of control that neither you nor your spouse has any say about his or her life. If your child is not in school, is working full time and has gotten married, that child certainly would be considered emancipated.
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2. I have worked for New York City for many years and now I am getting a divorce. Does my wife have a right to my pension?
2. I have worked for New York City for many years and now I am getting a divorce. Does my wife have a right to my pension?
Yes. Your wife generally will be entitled to a portion of your pension which you earned between the date of your marriage and the date either you or your spouse start an action for divorce which is successful. Your wife may either get her share of the present value of your pension, in a lump sum, or, after you retire, she may get a portion of your monthly payments. Which way is up to the matrimonial court, or it can be determined by agreement between you and your wife.
Although a spouse often gets 50% of the marital portion of the pension, a court need not give her 50% but may give her less if there is a good reason for doing so. If she is going to get a portion of the present value of your pension, then the pension may have to be valued by an expert, which cost about $500. Once the value is determined, then you would give your wife her share of the present value by giving her the money equivalent, or you can offset the value of her share against other property that you may be getting. For example, if the present value of your pension is worth $100,000 and your wife is entitled to $50,000, and you have a jointly owned house worth $100,000, you can satisfy her claim to her pension by letting her keep the house.
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3. Is my husband entitled to a share of all property I acquired during the marriage?
3. Is my husband entitled to a share of all property I acquired during the marriage?
Not all property. If you inherited something, you keep it. If you were in an accident and you received money to compensate you for your injuries, you keep that money. If you get a gift from someone other than your spouse, you keep that gift. However, remember gifts between you and your spouse are considered "marital property" and will be equitably divided. For example, if he gave you during the marriage a piece of jewelry that had significant value, the present value of that jewelry will be equitably divided at divorce (as unfair as that may seem).
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4. Over my objections, my husband has incurred significant credit card debt. Am I responsible for any part of it when we divorce?
4. Over my objections, my husband has incurred significant credit card debt. Am I responsible for any part of it when we divorce?
That depends. The court has broad discretion to decide how to divide property and how to allocate debts to a particular party. Generally, if the debt were incurred in connection with family needs or family entertainment, a court would make you pay a share of that debt. If, however, your husband incurred the debt by gambling or for evenings out when he partied with “the boys”, then it is more likely you will not have to take responsibility for that portion of the debt.
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5. My new husband wants to adopt my child. Can he do so?
5. My new husband wants to adopt my child. Can he do so?
Yes – if he qualifies as an adoptive parent, and if the biological father’s parental rights have been terminated. This would be a step parent adoption.
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6. I’ve heard that there are long waiting lists to adopt a newborn. True?
6. I’ve heard that there are long waiting lists to adopt a newborn. True?
No – if you conduct a search with experienced consultants, it needn’t be a lengthy process. A lot depends on your profile and your preferences.
