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Divorce FAQ Helping You Get Back to What Matters Most

Queens Divorce FAQ

Answers from the Levi Divorce & Family Law Attorneys Team

Divorce carries with it a lot of uncertainty. If you are considering divorce or have already begun the process, it is likely that you have questions about how the process works. Our divorce attorneys in Queens have answered many of the questions we frequently encounter so you can educate yourself more on the process. At Levi Divorce & Family Law Attorneys, principal attorney Natalie Markfeld and the entire team want to make sure our clients feel empowered to make the right decisions for their families.

Call (718) 215-0121 or contact us online for your free consultation with a dedicated divorce lawyer.

How Long Is the Divorce Process?

The length of your divorce depends entirely on your unique situation. If your divorce is uncontested—meaning you and your spouse agree on absolutely every aspect of your divorce—the process may last only a few months. If your case is more complicated than that, however, it could take longer. The most complex and contentious divorces can take years to resolve.

Who Gets to Stay in the House?

The marital house is a major point of contention in many divorces. Who stays, however, depends on several factors, including your custody arrangement. The parent who is the children's primary caregiver—or who spends the most time with the children—is usually allowed to continue living in the house.

For spouses who are not parents, however, the situation is less straightforward. If one spouse is the sole owner of the house, he or she can make the other spouse leave. If you own the home together, however, neither of you has a legal right to make the other move out. If you cannot decide on your own and cannot continue living together, you can seek a temporary order until your divorce is finalized.

What Property Am I Entitled To?

You are entitled to keep most, if not all, of the property you owned before your marriage, as long as it was not commingled with your marital assets. All property you acquired during your marriage, however, is subject to New York's equitable distribution law. Under this law, marital property must be divided equitably, but not necessarily equally. At our firm, we can help you consider all of your options before agreeing to a property division settlement.

Will I Get Custody of My Child?

New York courts focus on the best interests of the child when determining custody. Often, it is in the child's best interests to continue spending time with both parents. If this is the case, the court may award joint custody to the parents or sole custody to one parent and visitation to the other.

If one parent is unfit to care for his or her child—because of physical or mental health problems, substance abuse issues, or other matters—the court may award full custody to the other parent.

At our law firm, we know that your child is more important than anything. By showing that it is in your child's best interests to continue to build a relationship with you, we can help you maximize the amount of time you get to spend with your child.

How Do I Prepare for Divorce?

While it may be difficult to prepare for the emotional aspect of divorce, there are steps you can take to prepare yourself to go through the legal process.

If you have decided to divorce, collect and make copies of all of your financial documents, including bank statements, retirement account information, mortgage and other loan documents, and tax returns. Giving this information to your attorney early in the process allows him or her to understand your and your spouse's financial situation and, therefore, how to approach property division.

Next, it is a good idea to learn about your monthly expenses as a couple. Figure out how much you spend and what you spend it on, so you can have a clear picture of your marital lifestyle.

Along those lines, it is also important to understand your marital income. Do you know how much your spouse makes or how much they have saved up in bank accounts and retirement accounts? If not, now is the time to figure it out.

Taking the time to collect this important financial information early on in the divorce process will be very helpful as you and your lawyer work toward a fair settlement.

Have more questions? Get in touch with one of our Queens divorce attorneys by calling (718) 215-0121.

Our Individualized Approach

  • Personal Attention

    We take the time to learn about our clients and their families.

  • Experience

    We understand our clients' specific family law issues.

  • Solution Oriented Representation

    We develop a legal strategy to help our clients achieve their goals.

Former Clients Share Their Story

    Would recommend her to anyone who wants to win or a positive outcome. Her knowledge and skills will definitely benefit anyone willing to put in work of their own and be prepared for any obstacles along the way.

    “Natalie Markfeld represented me in my Family Court matter and she did an amazing job. Don't let her size fool you she is very aggressive and outspoken in the courtroom and will get what you want or ...”

    - Former Client
    You made it so easy and quick. Communication was also amazing. Thank you!!

    “Thank you for doing such an amazing efficient job Natalie! You made it so easy and quick. Communication was also amazing. Thank you!!”

    - Natalie H.
    She was the dedicated and resourceful legal professional I needed at a very challenging time in my life.

    “Natalie Markfield was great on my case. This is who you want on your side. She was the dedicated and resourceful legal professional I needed at a very challenging time in my life. Whether by phone or ...”

    - Natasha M.
    From the moment I first consulted with Natalie, she impressed me not only with her professionalism but with her genuine interest in my case, which was somewhat unusual.

    “After enduring a most unprofessional experience with another law firm, I researched and found Natalie Markfield of Daniella Levi & Associates, P.C. I’m glad I did. From the moment I first consulted ...”

    - Sean M.
    She was a beast in the courtroom. She assertively fought for what was best for my daughter.

    “This review is long overdue. But I found Daniella Levi & Associates when I needed help with a custody battle over my infant daughter last year. Natalie Markfeld was an amazing lawyer. She was a beast ...”

    - Anna B.
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