Frequently Asked Questions

Suffolk Divorce Attorney

Will marital fault have an impact on my divorce?
Marital fault usually does not have a financial impact on a divorce case, unless the marital conduct in question is "egregious." That being said, depending on the degree of fault, it may affect a parent's ability to obtain physical and/or legal custody of their children.  For example, if one parent disparages the other parent in front of the children, consequently causing emotional and/or physical harm to the children, the court may rule that that parent is unfit to be the custodial parent.  In addition, if one parent cannot communicate amicably about such issues as the children's health, education, and religion, he or she may relinquish his/her rights to joint legal custody.

My spouse controlled all of the finances throughout our marriage. Is there anything I can do now to protect myself?
Initially, try to gather as much financial information as you can on your own, and bring the material to your attorney's office.  During the initial consultation with counsel, your attorney should review your financial information, such as your assets and liabilities, bank statements, tax returns, investment statements, life insurance policies, credit card statements, and other types of financial documents. This can help to eliminate the expense of engaging in protracted financial discovery.  Furthermore, this may also help to prevent your spouse from attempting to conceal, disperse, or transfer assets that may be subject to equitable distribution.

If you think your spouse may try to loot, hide, dissipate, or secrete your assets, you may want to ask your bank and other financial institutions to freeze certain accounts or require that both spouses need to sign for a withdrawal. If you have a joint credit card account, you may want to terminate that account or reduce the spending limit.  Presently, commencing a divorce action in New York automatically acts to impose a limited restraint under a recent amendment to New York law.  A formal request for a restraining order may be necessary as well.

What if I cannot afford to pay a firm's divorce retainer fee?
If there is a large difference in income and assets between you and your spouse, your attorney can make a motion to the court to order your spouse to pay for your attorney's fees. Your attorney can also make a motion for interim "pendente lite" relief, requesting that your spouse pay temporary spousal support and child support, including limited contribution and payment towards household expenses and carrying charges pending the final determination at trial as a permanent award.

Now that the divorce proceeding is underway, can I obtain a court order to compel my spouse to leave our marital residence pending the action?
Sometimes, and it will depend on your unique circumstances.  In some cases, a spouse may choose to vacate the residence. However, it is very wise to hire an attorney before leaving the residence.  If the spouse moves out without a written agreement, it could impact the grounds for divorce, child custody, and visitation. In cases involving domestic violence, if victim spouse can obtain a "stay away" order of protection from the court, the abusive spouse will be forced to vacate the residence.

Please do not hesitate to contact Suffolk divorce lawyer Jay D. Raxenberg at 1 (888) 543-4867 if you have any additional question about New York divorce law or the divorce process.