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?

Related Topics:
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
Howard E. Knispel
PREMIUM
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.