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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.

  • Robert Montefusco fought for me & my beliefs.

    “Robert was a realist-he was able to truthfully show the court that I was a very able, willing and capable of parenting my child more than the usual court arrangements.”

    Edward

  • THE LAW OFFICE OF ROBERT MONTEFUSCO IS ONE IN A MILLION

    “Robert and his staff have always went above and beyond for me throughout every step of my brutal divorce and custody process. My case is currently still open and we are in 3 court rooms. Robert is exceptionally educated, experienced, and understanding when it comes to matrimonial law. The past 2 years of my life have been the most darkest and at times unbearable because of the mistake I made in choosing the wrong partner. At times, I would call their office literally 3-4 times A DAY panicking, stressing, obsessing, and mostly crying. I never felt I was annoying them or a nuisance; they were ALWAYS there for me. Robert is not only my attorney, many times he acts as my therapist and calms me down and subsides my fears. Maureen was there beside me to sign the papers to file for the hardest decisions of my life and she always helped in making the process as smooth and seamless as possible. Hope is an amazing asset as well. She is always there to answer any questions I have and always was an extra pair of ears for me to vent to. In choosing this law firm you not only get an amazingly experienced attorney, you get a FIGHTER. Robert defends and protects me aggressively and passionately every single court appearance. For the first time in my life I have absolutely NO FEAR walking into the courtrooms ever anymore because HE is by my side. I am confident that I not only have an amazing group of people working on my case every day, but I have found friends for the rest of my life. The words Thank You will never be enough for what each of them have done for me during this difficult time in my life. You guys ROCK!”

    Jessica P

  • Robert did everything in his power to ensure the best come for me, my kids and my future. Thanks

    “Robert did a great job on finalizing my divorce with a very difficult X Wife.”

    Rob

  • His passion for his work is unparalleled.

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

    Genie

  • 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.

  • His office personnel was unbelievable.

    “He explains everything in detail.”

    Edward

  • 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

  • He's as good as they come, no one will fight harder for you!!

    “If you're going through a divorce do yourself a favor and see this guy!!! He's as good as they come, no one will fight harder for you!!”

    John

  • 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

  • Attorney Montefusco is absolutely the best – – Period.

    “It’s truly a privilege to be represented by an attorney I feel is the best and I never worry when Robert’s by my side.”

    Francis

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