New York Legal Separation Legal Questions

New York is a no-fault divorce state and you don't need proof of adultery- or any grounds- to file for divorce. You need to have been married in New York and meet other residency requirements, and you can file for divorce. It's impossible to say what you're entitled to without knowing the entire financial situation but generally, you're entitled to half of all marital assets. That includes anything that was acquired during the marriage, including pension contributions. The best thing to do is contact an attorney.... Read More

Unless the couple was married or had a registered domestic partnership, they need a child support/custody and visitation agreement, not a separation agreement. Although such a written agreement doesn't necessarily need to be done in court, if your son is concerned his ex won't follow it unless it is a court order signed by a judge, he should start a custody/visitation proceeding and he'll ultimately get a court ordered visitation schedule. The same goes for child support, but if he's the non-custodial parent he'll be paying the mother, so if she wants a court order she should file the support  petition.  Child support payments are set by law and calculated based on salary and the number of children. He's should minimally check with a lawyer to make sure he's paying the correct amount.... Read More