New York, NY asked in Divorce for New York

Q: How easy can I can a divorce and if there anything I need to consider before doing so?

I've been married to my daughters father since December 13th 2000. We've been separated since 2005. I was told if I divorced before my daughter was 18 if would be much more difficult and that would involve custody battles. Now that my daughter is 19 years old and in college, can I divorce him with no issues or hassle? If so is there anything I should know or be concerned about before I do so that would either benefit or harm me in any way?

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3 Lawyer Answers
Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: It is impossible to answer your question without much more information. However, since 2005 the grounds for divorce have become much easier and less confrontational. In regard to custody, there will be no custody issue as the court cannot award custody after the age of 18, that being said, there is still the issue of child support, college costs, etc. Even though you are separated since 2005 there is still the issue of equitable distribution. You should have a consultation with an experienced divorce lawyer and go over all of the facts in your case.

Christine Moccia
Christine Moccia
Answered
  • Rye Brook, NY
  • Licensed in New York

A: If you can agree on the terms of your divorce and bring that to a qualified attorney, your separation agreement can be written based on your agreement. But you need to account for child support, division of assets, and maintenance if that is a factor in your economic picture.

Howard E. Knispel
PREMIUM
Howard E. Knispel
Answered
  • Commack, NY
  • Licensed in New York

A: Every divorce is different so it is impossible to answer thgis question. There are always some issues and hassles. The best way to avoid those is to hire an experienced lawyer who can guide you through with less problems.

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