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FAQ

  • How Long Will the Divorce Process Take?

    Depending upon the complexity of your case, a divorce can take anywhere from a few months to over a year from start to finish. Whether there are contested issues is also a factor that determines the length of time the process will take.

  • How Is Maintenance (Alimony) Determined?

    There are many factors that contribute to a judge’s calculation of maintenance including the length of the marriage, the spouse’s earning potential, the health conditions of both spouses, the presence of children, and anything else the judge deems relevant, including a statutory calculation guideline. Temporary maintenance is generally awarded as the case proceeds to the lower income spouse depending upon a specific formula used in New York State.

  • What Is Joint Custody?

    Joint custody means that both parents will share in the decision making concerning their child(ren). Joint physical or shared physical custody can also mean that the child will spend 50% of their time with each parent. If a child spends less than 50% of their time with a parent, they are generally known as the “non-custodial parent” and is obligated to pay child support to the custodial parent.

  • How Is Child Support Calculated?

    According to New York State law, child support is based upon the income of the non-custodial parent and may be distributed weekly, bi-weekly, monthly, or bimonthly.

  • Will My Case Go to Trial?

    Depending upon whether the action is contested, and the number of issues that arise, your case could go to trial. However, many divorces are negotiated by way of settlement agreement and can avoid litigation.

  • What Is Separation?

    Some couples wish to remain married, but live apart. By entering into a separation agreement, they can assert binding terms for all of their marital concerns including their children and financial arrangement. You may also file for a legal separation which is very similar to divorce but does not constitute severance of the marriage. One year after filing a separation agreement, either party may petition the court to convert the separation agreement into a divorce judgment.

  • When Can I Resume Using My Maiden Name?

    The divorce judgment should state that you will resume using your maiden name. Following the filing of your divorce decree, you should reinstate your maiden name at your local social security office.

  • Can I Keep My Engagement Ring?

    In deciding whether property is separate or marital property, look to the time frame in which the property was given. Engagement rings given before marriage are considered to be separate property because there was no legally binding marriage at the time of transfer.

  • Is Going Through a Divorce Expensive?

    The answer to this question varies based on the cooperation between the two spouses. Generally, the shorter the duration of the divorce, the less expensive it will be. The reason behind this is that when divorce proceedings are shorter in length, the soon to be ex-spouses are in agreement over the major issues. If parties are contesting fundamental issues, such as child custody and support or maintenance, litigation may become necessary.

Testimonials
  • His passion for his work is unparalleled.

    “He fought for me every step of the way.”

    Genie

  • Mr. Montefusco has the right amount of pitbull in him and uses it when the opportunity requires.

    “Mr. Montefusco and his assistant were and continue to be excellent.”

    David

  • Thanks from our hearts.

    “You were there when we felt our world was torn apart.”

    Matthew

  • I had an exceptional experience during a very difficult time.

    “All details taken care of, no loose ends.”

    Guy

  • Robert is definitely the one you want representing you through a difficult time that is going to affect the rest of your life

    “Robert was my attorney representing me through my divorce and I couldn’t have asked for any better. The attorney you choose greatly affects the outcome of your divorce and mine would have been horrible if it wasn’t for him. I strongly and highly recommend him. He guided me through with his expert negotiating, leadership, advice and representation. He was realistic of what the outcome was going to be and he was right. His office staff is wonderful and you always get timely responses. Robert is definitely the one you want representing you through a difficult time that is going to affect the rest of your life”

    Alice

  • You don't need a guppy, you need a Barracuda!

    “I was recommended to The Montefusco law firm by a friend who is a lawyer. He told me "You don't need a guppy, you need a Barracuda"! From the first free consultation (many years ago) to the present day, the entire staff was courteous, punctual, professional, and tolerant. I say that because I can be a tough customer to deal with, and I was never treated that way. I was always given the respect, time, and the opportunity to be heard. Hope and Monica were great on the phones, and taking down my concerns, and relaying them to Robert, Meaghan, or Maureen. I had a particularly rough time with my EX, and I was fighting for the rights of my son, and him now living with me. Robert had my back through the whole process. I am 100% satisfied with the outcome, and the entire team should take a bow! Robert always knew just what to say, and how to calm me down in moments of disbelief in the ongoing battles, and I feel I can include him in my 'inner circle' of friends. Meaghan did a great job of re-writing all of my oppositions, and even took my calls when she was at her home. And last but not least is Maureen. Maureen is a paragon. She could answer every question I had, and always gave me the respect I deserved. She and I got to know each other pretty well on the phones, and through emails. Often times I called to talk to Robert, and Maureen picked up, and helped me through my concerns. Thank you Robert, Meaghan, Maureen, Hope, and Monica! You made a really bumpy road seem navigable, and throughout the process, there was always a shining light at the end of the tunnel!”

  • Robert and his firm were professional effective and did not take any “BS” from the opposite side.

    “I hired Robert Montefusco not one time but two times to represent me for custody of my child Each time I was represented with a favorable outcome. Robert and his firm were professional effective and did not take any “BS” from the opposite side. In a biased court system where the fathers are immediately the underdog , Robert was able to get me a better outcome than most fathers get. For that I highly recommend the Montefusco Law firm.”

    Rob

  • He is open, honest and will not provide false promises.

    “They were exceptional in making sure conversations and milestones were communicated to me as well as very thorough in the handling of paperwork, agreement and the decree.”

    Jim

  • Robert, I want you to know you are a blessing! AND THANK YOU!!!

    “You are so knowledgeable and took so much time with me… for that I am so thankful!!!!”

    Lynn M.

  • What was most impressive, was his caring, both for the child and us, the grandparents.

    “The court awarded us custody and the child never entered the foster care system.”

    John

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