FAQs

White Plains Matrimonial Law Firm Has the Answers

The White Plains matrimonial attorneys of Carton & Rosoff PC offer the answers to questions clients frequently ask.

Does the court favor the mother when deciding custody?
In New York, both mothers and fathers have an equal right to custody. The court decides custody according to its assessment of the relative fitness of the parents and the best interests of the child.

What does a court consider when dividing marital property?
New York is an equitable distribution state. This means that the court divides marital property in a way that it believes is fair. Some of the factors a court can consider include:

  • Property and income of each spouse at the time of the marriage and the commencement of the divorce
  • The need of the custodial parent to reside in the marital residence
  • The contribution made by the party not having title
  • The length of the marriage and the age and health of the parties
  • Wasteful dissipation by either spouse
  • The tax consequences to each party

How can I avoid going to court?
You and your matrimonial attorney can discuss alternatives to litigating your divorce. Mediation and collaborative divorce are excellent non-adversarial options to dissolve a marriage.

How can I pursue delinquent child support payments?
A child support order can be enforced by a petition in Family Court or a motion in Supreme Court. The courts have the power to hold the delinquent spouse in contempt and may order incarceration.

Who pays the legal fees for a divorce?
The basic principle is that the court should "level the playing field" by awarding legal fees to be paid by the monied spouse.

Is it possible to move out of state with my child?
The court will balance the necessity for the move and any interference with the other parent's visitation. The overriding consideration is the best interests of the child.

Under what circumstances can my spouse adopt my child from a previous relationship?
The adoption may be approved if the other biological parent consents to the adoption or if that parent has abandoned the child.

Speak to an Attorney at our Westchester County Matrimonial Law Firm

Contact Carton & Rosoff PC with all of your questions about divorce, separation, adoption, guardianship, and other matrimonial and family law matters.