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Divore and Family Law

Divorce and Family Law

Iaconis Law Office, PLLC represents parents and children in Oneida, Onondaga, and Madison counties in Supreme Court and Family Court proceedings for divorce, child custody, visitation and violations of the same.

The following are offered as general information and are not definitions or all inclusive and are not intended as legal advice. Consultation with a qualified attorney is recommended.

Contact our family law attorney today to set up a consultation to hear more about your options!

What are the grounds for Divorce in New York State?

The grounds for Divorce in New York State are: Abandonment, Cruel and unusual treatment, adultery, irretrievable breakdown for a period of at least 6 months, lengthy imprisonment of a spouse, living apart for more than one year pursuant to a Judgment of separation or a Separation Agreement.

What is an uncontested Divorce?

An uncontested divorce is where one party seeks a divorce and the other party does not oppose it. This often occurs when both parties agree to all the terms of the Separation Agreement or there are no alimony, property or custody issues to be decided.

What is a Separation Agreement?

This is a contract between marital parties to resolve all issues of property, alimony/separate maintenance, insurance, child custody,visitation and support, so that the parties can agreeably live separate and apart.

What does equitable distribution mean?

Under New York Law, property and debt acquired during a marriage is divided between the husband and wife in a manner that the Court finds is most equitable, considering many factors set forth in the Domestic Relations Law. This is known as equitable distribution.

What is Custody?

Custody is the right of parental control of a child. Legal Custody gives a person the right and responsibility to singly and jointly make decisions concerning a child. Physical custody is a term no longer used. The correct term is primary residence. This is the physical location where a child predominately lives. In a contested custody matter, custody is determined by the \93best interest of the child\94 standard.

What is Visitation/Custodial Time?

It is the time a parent spends with his/her child pursuant to an agreement or Court Order. Typicallly, this refers to the parent who does not have the primary residence of the child.

What is Child Support?

Child support is a state mandated obligation to provide financial assistance for a child by the non-custodial parent to the parent with primary residence of the child. Child support includes: cash payments, health insurance for the child, payments for child care, payment for reason health care costs that are not covered by health insurance, payment for special academic, artistic, musical and sports costs for a child involved in special activities.

Child support is income driven, with the baseline for such in New York State being determined by the Child Support Standards Act. The law does, however, provide for deviations up and down from the baseline, based on numerous factors. An experienced attorney is needed to assist you in navigating this complicated law.