Frequently Asked Questions

Do I need a divorce attorney?
While you can represent yourself throughout your divorce case, it is not your best option.  If you are going through a divorce in New York, you should see the representation of an experienced matrimonial law attorney.  A divorce attorney can make sure that your rights are protected, inform you of New York divorce laws, represent you in court, and help you with complicated paperwork.  If you are going through a divorce, contact the reputable attorneys at The Law Offices of Scupp & Berman, LLP. 

What is the difference between divorce and separation?
After a petition for divorce has been filed, the marriage is not terminated.  However, if a petition for legal separation is filed, the marriage is immediately terminated.  The legal forms and proceedings are similar for divorce and separation proceedings.

What is a Marital Settlement Agreement?
A Marital Settlement Agreement outlines the terms of the divorce for each spouse after the dissolution of marriage.  This agreement usually lists the terms of marital property, child custody, debt division, spousal support, and other relevant issues agreed upon by the spouses.  Because the Marital Settlement Agreement is in writing, there is little room for misinterpretation or confusion.  The agreement is usually filed with the final divorce papers. 

What is marital property?
Marital property is all property that is contributed by either or both spouses during the marriage.  This does not include property that is acquired by either spouse after the dissolution of the marriage or the beginning of the marriage.  Equitable distribution laws allow for the court to consider income earned from professional licenses and degrees obtained during the marriage as marital property.  Marital property usually includes homes, cars, debts, money, and other personal possessions.  

What is separate property?
Separate property is any property that is acquired by each spouse prior to marriage or after the dissolution of marriage.  Separate property includes things such as inherited property and gifts given by someone outside of the marriage. 

What is spousal support?
Spousal support is the payment(s) of monetary support to a former spouse.  Spousal support is also referred to as alimony and it covers expenses such as food, housing, and medical expenses.  Support is usually granted when one spouse is used to a set standard of living and can no longer maintain that way of living after the divorce.  Courts will consider things such as a spouse’s age, health condition, income, duration of marriage, and income earning capacity before awarding spousal support.    

Experienced New York Divorce Attorneys
If you are going through a family law matter, it is to your benefit to speak with a skilled attorney.  At The Law Offices of Scupp & Berman, LLP, our attorneys have over 20 years experience with family and matrimonial law cases.  Our initial consultations are free of charge so that you can seek the guidance you need without having to spend money on unjustifiable fees. 

Contact The Law Offices of Scupp & Berman, LLP
(516) 683-1990

The Law Offices of Scupp & Berman, LLP proudly serves clients throughout New York in Long Island, Garden City, Suffolk County, Nassau County, and Mineola.