Frequently Asked Questions
Answers from a Divorce Attorney in Buffalo
If you have question regarding your family law situation, do not hesitate to retain my dedicated service as your Buffalo divorce lawyer right away. At my firm, The Law Office of Charles A. Messina, I understand that you may be facing a difficult situation but I am prepared to help you achieve the most advantageous resolution possible for your case. With the representation of my firm, you can ensure that you and your future will be looked out for after the legal process is concluded. I have years of experience handling a multitude of family law and divorce cases, and I may be able to assist you as well. Below, you can find answers to some of the most commonly asked questions regarding family law and
Q: What are the grounds for divorce in New York?
Q: How long does divorce take in New York?
Q: Will I lose my children?
Q: Can my spouse and I get a legal separation?
Q: What if I want to move after my divorce is final?
Q: Who can adopt in New York?
Q: Should I establish paternity?
Q: Can I file for divorce on my own?
What are the grounds for divorce in New York?
There are seven different grounds for divorce in the state of New York; irretrievable breakdown, cruel and inhuman treatment, separation agreement, imprisonment, adultery, abandonment, and judgment of separation. A divorce lawyer can help determine which may be right for you.
How long does a New York divorce take?
This varies depending on the complexity of your case, such as whether your divorce is contested, uncontested, or if you have a
large amount of assets to divide. On average, uncontested divorces can take around 3 months, sometimes up to 6 months. Contested divorces can take an average of 9 months or take longer than a year to complete. There are many factors to consider, so work with a seasoned attorney to help you obtain a quick and effective outcome.
Will I lose my children?
In any divorce case that involves children, there are some special considerations that need to be evaluated. You and your attorney can work with your spouse to determine child custody and visitation arrangements and ensure that the child's best interests are always kept in mind.
Can my spouse and I get a legal separation?
Yes. The state of New York recognizes legal separation as an alternative to divorce. These are known as separation agreements and are filed with the court clerk in Buffalo. You and your attorney can determine if legal separation may be the right course of action for you and your spouse to take.
What if I want to move after my divorce is final?
You may encounter some complications if you want to move after your divorce is finalized, especially if children are involved and custody arrangements are outlined in your divorce decree. If you want to move or relocate, you need to work with the skilled divorce attorney at my firm.
Who can adopt in New York?
Any adult whether single, jointly married or a stepparent over the age of 18 may be eligible to adopt a child in New York. As long as you and your attorney can prove that you are capable of supporting a child, you may be able to work with an adoption agency or adopt through a private adoption.
Should I establish paternity?
Yes! It is always recommended that paternity be established for a child. It is highly beneficial for all parties to know the identity of the biological father. Once paternity is established, fathers can have full legal access to their child and mothers can gain financial assistance from the father.
Can I file for divorce on my own?
It is never recommended that you try to file for divorce on your own. Divorce papers can be confusing, and the laws governing divorce may be difficult to understand. If a paper is not filed properly or completed correctly, it may need to be resubmitted, which can cost you time and money. Working with an attorney is the best way to protect your assets and ensure that a quick resolution is achieved.
Contact the firm's Buffalo divorce attorney for more answers!
If you are still seeking answers for your divorce or family law concerns, it is important that you contact an attorney as soon as possible. At my firm, I stand ready to provide clients with the best possible outcomes to their cases. I actively try to settle your case outside of court so that as much control over the case as possible remains in your hands, not at the discretion of a judge. I also make sure that you stay informed of all legal happenings throughout the course of your divorce. All questions to my firm are answered directly, frankly and promptly. I encourage you to contact The Law Office of Charles A. Messina right away and schedule a free phone consultation and retain me as your Buffalo divorce lawyer.