1. Do I need an attorney to complete an uncontested divorce?
   It depends, if there are no issues like children or property (including debts) then you may be able to do it without an attorney. However, if there are issues such as locating your spouse, then you may need to retain an attorney.



2. How is child support calculated?
   Child support calculated pursuant to statute, the Child Support Standards Act ("CSSA"). It is based on the incomes of both parents, less certain deductions. A percentage is applied based on the number of children. Some additional expenses may be added to the support obligation.



3. I am a father, can I sue for custody of my children?
   Yes. The courts no longer adhere to the "tender years doctrine", where children were presumed to be better off with their mothers if they were young in age. Now, the standard is "the best interests of the child", which looks at the parents equally. Certain factors are considered, such as the economic, emotional and psychological circumstances of each parent.



4. Where do I get an Order of Protection?
   It depends. If it is a relative or non-relative then you can call the police and have the individual arrested. Once the case goes to Criminal Court, you will be issued an Order of Protection. If they are not arrested, then you can still go to the precinct, file a report and then go to your borough's Court Dispute Referral Center. The QDRC clerk will take a report and then direct you to Criminal Court to see a judge. Or you may file a petition in Family Court if there is kinship by blood, marriage or children between the parties.



5. How is Paternity established?
   Paternity may be established if both parents are married at the time of birth, if an acknowledgement of paternity is signed at the hospital or other government agency or if an Order of Filiation is entered by the court.



6. How long does a Contested Divorce take?
   That depends on several factors, the issues involved, the cooperation of both parties and their attorneys, procedural issues, etc. However, most judges want the cases to be resolved within one year, there are times the case takes longer than one year to resolve.



7. Is my separation legal if I leave the home or if my spouse leaves the home?
   A legal separation is when there is a decree or agreement filed with the court after an index number is filed. Once a one year period has passed, then the legal separation may be "converted" to a divorce if there are no outstanding issues surrounding the agreement.



8. Are Domestic Violence cases handled differently by the courts?
   Most likely. Domestic Violence is a very sensitive and involved area of law and social policy, thus most of the judges, court personnel, attorneys, etc. give these cases special attention. There is a specific court and several agencies set up to address the volatile circumstances that surround these sort of cases.



9. What are my rights if I am arrested?
   You have a Fourth Amendment right to be free of unreasonable searches and/or seizures, a Fifth Amendment right to remain silent, a Sixth Amendment right to an attorney just to name a few. You should always cooperate with the arrest while exercising any of these rights during the pre-arrest and arrest process.



10. I was charged with the same crime as someone I know, but the plea offer made to me is different than the one he/she got, why is that?
    Plea offers are determined by the District Attorney's office based on several factors. These include, prior criminal background, the circumstances of the particular case, the strength or weakness of the case, etc.



11. I have an abuse/neglect filed against me and a criminal case for the same incident, will the outcome of either affect the other?
    Most likely. Mose often the prosecuting attorney in Family Court will want to keep track of the case in criminal case because any admissions or pleas may be used in the abuse/neglect case. The attorney representing you in the criminal case should be in communication with the attorney representing you in the abuse/neglect case, if they are not the same attorney, so as to stay abreast of all developments along the way.



12. My elderly parent is ill, is it too late for them to have a will prepared?
    No. As long as they are coherent and can sign or have someone else sign and witnessed by two other people, they may still have a will prepared. If, however, they are incoherent then it is too late and a guardian may need to be appointed.



13. Can I sell my house if there is someone else's name on the deed?
    You can only sell the house if you have a valid Power of Attorney signed by that other person, if you have a valid death certificate for that other person or if that person is present to sign all of the related transfer documents.



14. I have other types of cases that I do not see on your website, do you practice any other areas of law?
    Yes. I do not advertise all areas for several reasons. However, if you contact our office I may be able to assist you.



15. I need an attorney that will not be intimidated by the other lawyer, the judge or the other party while following the ethical rules, can you handle that?
    Absolutely. I am never intimidated by the other players in the legal proceeding. While maintaining a professional appearance, demeanor and approach, I diligently and persistently advocate on behalf of my client. Ethics are very serious and are always adhered to while representing clients.

Contact our office to get a free phone consultation.