David Shapiro

No, while most of the other grounds for divorce in New York have burdens of proof that you must build a case to meet, and which can be denied, a divorce filed under Irretrievable Breakdown has no such burden. You must only attest that your marriage has been irretrievably broken for a period of … [Read more...] about Can My Spouse Prevent Me From Getting A No-Fault Divorce In Queens?

Most people wonder how many court appearances they’ll have to make as part of their divorce in Queens, and the good news is that under ideal circumstances - an uncontested divorce where the parties have already resolved the relevant issues - you’ll probably never have to walk into the courthouse. … [Read more...] about How Often Will I Have To Be In Court For My Divorce In Queens?

If you are the higher earner in your marriage, then yes, your spouse’s lawyer will include a request for temporary maintenance and you will almost certainly end up supporting your spouse during your divorce. The presumptive award of maintenance is determined based on state-issued guidelines that … [Read more...] about What Is A “Presumptive Award Of Maintenance” And Do I Have To Support My Spouse During Our Divorce In Queens?

How long you wait to file for divorce, and whether you choose to take steps to try to heal your marriage, are generally up to you. Under New York’s no-fault ground, you’ll need to attest that your marriage has been irretrievably broken for a period of at least six months, so that should be the … [Read more...] about Once I Know My Spouse Is Cheating, How Long Do I Have To Wait To File For Divorce In Queens?

While adultery is a valid ground for divorce in New York, using any ground other than Irretrievable Breakdown adds to your costs, your burden of proof, and ultimately to your chance of having the divorce denied. New York was the last state in the nation to adopt a no-fault divorce option, and … [Read more...] about Is My Spouse’s Adultery Enough To Get A Divorce Approved In Queens?

Yes, in most cases a spousal maintenance award, also known as alimony, will be lower to the spouse making the payments when they also pay child support. The difference can be quite substantial, so it’s important that you work with an experienced Queens divorce attorney who can ensure that your … [Read more...] about If I Don’t Win Custody And Have To Pay Child Support, Will That Reduce My Alimony Payments In Queens?