Frequently Asked Questions
Divorce & Family Law
No. You do not need your spouse’s consent to get a divorce in New York. New York allows no-fault divorce if the marriage has been irretrievably broken for at least six months.
The timeline depends on the complexity of the case and whether the spouses agree on the major issues.
An uncontested divorce means the spouses agree on all major issues. A contested divorce involves disagreements that must be resolved through negotiation or by the court.
New York courts determine custody based on the child’s best interests.
A child’s wishes may be considered based on the child’s age, maturity, and the circumstances. The child does not automatically get to make the final decision.
Child support generally depends on the parents’ income and other factors required by New York law.
Spousal support is financial assistance one spouse may be required to pay the other. In New York, it is generally called maintenance.
Inheritances are generally considered separate property if kept separate from marital assets.
Your attorney can explain how financial disclosure and other legal procedures can help identify hidden assets.
Moving out may have legal or financial consequences. If possible, seek legal advice before making this decision.
If you are in immediate danger, contact emergency services. You may also seek legal protection and assistance from a domestic violence organization.
Child support generally depends on the parents’ income and other factors required by New York law.
Spousal support is financial assistance one spouse may be required to pay the other. In New York, it is generally called maintenance.
Inheritances are generally considered separate property if kept separate from marital assets.
Your attorney can explain how financial disclosure and other legal procedures can help identify hidden assets.
Moving out may have legal or financial consequences. If possible, seek legal advice before making this decision.
If you are in immediate danger, contact emergency services. You may also seek legal protection and assistance from a domestic violence organization.
Surrogate’s Court: Probate & Estate Administration
These answers provide general information about New York estate proceedings and are not a substitute for legal advice.
Probate is the court process for validating a will and appointing an executor to administer the estate.
An executor is the person authorized to administer an estate under a valid will.
An administration proceeding is used when someone dies without a valid will. The court appoints an administrator to handle the estate.
An executor administers an estate under a will. An administrator is appointed by the court when there is no valid will.
New York law establishes a priority for eligible relatives and other qualifying individuals.
No. Some assets pass directly to joint owners or designated beneficiaries without going through probate.
The process may become more complicated. Whether a copy of the will can be accepted depends on the circumstances and applicable legal requirements.
Yes, in some circumstances. The authority to sell depends on the will and applicable law, and court approval may be required.
New York law determines how available estate assets are used to pay creditors. The executor or administrator should seek legal advice before distributing assets.
New York law determines which relatives inherit and how the estate is divided.
A distributee is generally a person entitled to inherit from someone who dies without a valid will.
Yes. A person with a legal interest in the estate may challenge a will on grounds such as fraud, undue influence, lack of testamentary capacity, or improper execution.
The executor or administrator may need to take reasonable steps to locate the beneficiary and follow applicable court procedures.
The timeline depends on the estate’s complexity, the assets involved, and whether there are disputes or other complications.
The case may become contested and require negotiations, court hearings, or a trial.
No. Estate taxes depend on the estate’s value, circumstances, and applicable federal and New York tax laws.
Common issues include will contests, missing heirs, family disputes, real estate, business interests, unpaid debts, and estate taxes.
New York law determines how available estate assets are used to pay creditors. The executor or administrator should seek legal advice before distributing assets.
New York law determines which relatives inherit and how the estate is divided.
A distributee is generally a person entitled to inherit from someone who dies without a valid will.
Yes. A person with a legal interest in the estate may challenge a will on grounds such as fraud, undue influence, lack of testamentary capacity, or improper execution.
The executor or administrator may need to take reasonable steps to locate the beneficiary and follow applicable court procedures.
The timeline depends on the estate’s complexity, the assets involved, and whether there are disputes or other complications.
The case may become contested and require negotiations, court hearings, or a trial.
No. Estate taxes depend on the estate’s value, circumstances, and applicable federal and New York tax laws.
Common issues include will contests, missing heirs, family disputes, real estate, business interests, unpaid debts, and estate taxes.
Consumer & Small Business Bankruptcy
These answers provide general information about bankruptcy under U.S. law, including matters relevant to New York residents and businesses.
Bankruptcy is a legal process that can help individuals manage or eliminate certain debts and obtain financial relief.
Chapter 7 generally involves selling nonexempt assets to pay creditors, with eligible debts potentially discharged. Chapter 13 allows eligible individuals with regular income to repay debts through a court-approved plan. Chapter 11 allows eligible businesses to reorganize their debts and operations under a court-supervised plan while seeking to continue operating.
The court process begins, and an automatic stay generally stops many collection activities. You must provide required financial information and comply with court procedures.
Be careful. Transferring, selling, or giving away assets before filing can have serious legal consequences. Seek legal advice before making these decisions.
Costs vary depending on the type and complexity of the case, court filing fees, and attorney fees.
A bankruptcy attorney can review your finances, debts, assets, and goals to help you understand your options.
Certain debts, including some taxes, student loans, and child support obligations, may not be discharged.
Not necessarily. Whether you can keep your home or car depends on factors such as available exemptions, outstanding loans, payments, and the type of bankruptcy you file.
Yes. Chapter 13 bankruptcy may stop foreclosure and allow eligible homeowners to catch up on missed mortgage payments through a repayment plan, while continuing regular mortgage payments. Timing is important, and exceptions apply.
Filing for bankruptcy generally triggers an automatic stay that stops many collection activities, although exceptions and limitations apply.
Yes. Having a job does not prevent you from filing. Your income and expenses may affect which type of bankruptcy you qualify for.
A straightforward Chapter 7 case may take several months. Chapter 13 repayment plans generally last three to five years.
Yes. Depending on its legal structure and financial circumstances, a business may qualify for Chapter 7 or Chapter 11 bankruptcy.
A trustee generally sells nonexempt business assets and distributes the proceeds according to bankruptcy law. The business may have to close.
Possibly. Depending on the type of bankruptcy and court requirements, a business may continue operating while addressing its debts.
It depends on your business structure and whether you personally guaranteed any debts. Sole proprietors are generally personally liable for business debts, while owners of corporations and LLCs generally have some liability protection.
Possibly. Bankruptcy may allow an eligible business to restructure its debts and continue operating, depending on its financial condition and ability to meet a repayment plan.
Filing for bankruptcy generally triggers an automatic stay that stops many collection activities, although exceptions and limitations apply.
Yes. Having a job does not prevent you from filing. Your income and expenses may affect which type of bankruptcy you qualify for.
A straightforward Chapter 7 case may take several months. Chapter 13 repayment plans generally last three to five years.
Yes. Depending on its legal structure and financial circumstances, a business may qualify for Chapter 7 or Chapter 11 bankruptcy.
A trustee generally sells nonexempt business assets and distributes the proceeds according to bankruptcy law. The business may have to close.
Possibly. Depending on the type of bankruptcy and court requirements, a business may continue operating while addressing its debts.
It depends on your business structure and whether you personally guaranteed any debts. Sole proprietors are generally personally liable for business debts, while owners of corporations and LLCs generally have some liability protection.
Possibly. Bankruptcy may allow an eligible business to restructure its debts and continue operating, depending on its financial condition and ability to meet a repayment plan.
Real Estate & Foreclosure Defense
The following answers provide general information about real estate law and foreclosure proceedings in New York. They are not a substitute for legal advice.
Real Estate Transactions
Yes. New York real estate transactions generally involve attorneys who review contracts, address legal issues, and help ensure the transaction closes properly.
Have an attorney review the contract before signing. Important terms include the purchase price, financing, inspection provisions, closing date, and conditions that may allow you to cancel.
A closing is the final step in a property sale. The parties sign documents, funds are transferred, and ownership is formally transferred to the buyer.
A title search reviews public records to identify ownership issues, mortgages, liens, judgments, and other matters that may affect ownership of the property.
Have an attorney review the documents and explain your legal rights and possible remedies.
A closing is the final step in a property sale. The parties sign documents, funds are transferred, and ownership is formally transferred to the buyer.
A title search reviews public records to identify ownership issues, mortgages, liens, judgments, and other matters that may affect ownership of the property.
Have an attorney review the documents and explain your legal rights and possible remedies.
Foreclosure Defense
Foreclosure is the legal process a lender uses to seek the sale of a property when the borrower fails to meet mortgage obligations.
Possibly. Depending on your circumstances, options may include challenging the foreclosure, negotiating with the lender, pursuing a loan modification, or filing for bankruptcy. Acting early can help preserve your options.
Do not ignore them. Contact a foreclosure defense attorney promptly because court papers contain deadlines that may affect your rights.
Yes, in some circumstances. A lender must comply with applicable legal requirements. An attorney can review the case for potential defenses, procedural errors, or other available options.
Chapter 13 bankruptcy may temporarily stop foreclosure and allow eligible homeowners to catch up on missed mortgage payments through a court-approved repayment plan while continuing regular mortgage payments. Exceptions apply, and timing is critical.
New York generally requires lenders to bring a court proceeding to foreclose on residential real property. You should respond promptly to any foreclosure lawsuit.
Possibly. A loan modification may change your mortgage terms or monthly payments. Approval depends on the lender's requirements and your financial circumstances.
The lender may seek a default judgment, which can make it harder to defend your home. Responding within the required deadlines is important.
Often, yes. A foreclosure lawsuit does not automatically mean you must leave your home. The timing of any required move depends on the legal proceedings and circumstances.
Seek legal advice immediately. Depending on the circumstances, legal options may still be available, but time is limited.
Be very careful. Scammers may offer to save your home but instead steal your property. Never transfer your deed without first consulting a qualified real estate or foreclosure defense attorney. If you are having financial difficulties, seek legal advice about your options to protect your home.
Unpaid taxes or certain property-related charges may lead to liens and, in some circumstances, foreclosure or other legal proceedings. Address these issues promptly.
As soon as a dispute arises, you receive legal papers, or you have difficulty meeting your mortgage obligations. Early legal advice may help protect your rights and identify available options.
An attorney can review your documents, explain your legal rights, identify possible defenses or solutions, negotiate with other parties, and represent you in court when necessary.
The lender may seek a default judgment, which can make it harder to defend your home. Responding within the required deadlines is important.
Often, yes. A foreclosure lawsuit does not automatically mean you must leave your home. The timing of any required move depends on the legal proceedings and circumstances.
Seek legal advice immediately. Depending on the circumstances, legal options may still be available, but time is limited.
Be very careful. Scammers may offer to save your home but instead steal your property. Never transfer your deed without first consulting a qualified real estate or foreclosure defense attorney. If you are having financial difficulties, seek legal advice about your options to protect your home.
Unpaid taxes or certain property-related charges may lead to liens and, in some circumstances, foreclosure or other legal proceedings. Address these issues promptly.
As soon as a dispute arises, you receive legal papers, or you have difficulty meeting your mortgage obligations. Early legal advice may help protect your rights and identify available options.
An attorney can review your documents, explain your legal rights, identify possible defenses or solutions, negotiate with other parties, and represent you in court when necessary.
Disclaimer: The information on this website is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Laws and procedures may change, and the outcome of any matter depends on its specific facts and applicable law. Consult a qualified attorney about your particular circumstances.