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Divorce & Child Custody FAQ

[GRAPHIC: FREQUENTLY ASKED QUESTIONS]
JONATHAN KATZ: If you want a divorce in New York you have to have grounds. Now typically both spouses are going to consent to a divorce. And the courts will, will allow a divorce based upon something called constructive abandonment.
Obviously there is the issue of custody, and there is the issue of child support, and then third there is just the general distribution of marital property. Property acquired during the marriage, with a couple of exceptions, is marital property.
[GRAPHIC: WHAT IS ABANDONMENT?]
JONATHAN KATZ: Abandonment is an unjustifiable separation. So when somebody, without a good reason, leaves the marital residence and is saying "I'm leaving, I don't love you anymore" and then stays away for a year--has given their spouse grounds for divorce, which is abandonment. But if you have a reason to leave, such as you're being abused, you're not committing an act of, you know, abandonment by leaving.
[GRAPHIC: TO MEDIATE OR NOT TO MEDIATE?]
JONATHAN KATZ: My concern for you with mediation is that you don't have anyone giving you advice and the mediators may be wrong. Recently I spoke to somebody who was told that she was entitled to $350.00 a month by a mediator when in fact she was entitled to $350.00 a week.
If your spouse is pushing you to go through mediation and/or in some form trying to convince you not to hire an attorney, and that spouse has been aggressive and domineering in the relationship, the first thing you should do is engage an attorney to represent your interests.
Why in the world would somebody not want you to hire a lawyer? Because they don't want you to know what you're entitled to, they want to take advantage of you.
[GRAPHIC: YOUR OPTIONS]
JONATHAN KATZ: Merely because you consult with me or another lawyer does not mean you have to do anything else. So you can get some information about divorce and custody and child support issues, and then never do another thing or wait until you are ready. But its nice to have that information so that you can make a decision based upon the law rather than fear.
[GRAPHIC: Eyeglasses]

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Elizabeth

Upon interviewing Jonathan Katz, I decided to retain him because I was impressed with his approach to divorce: he advocated communication, conflict reduction, and efficiency, toward reducing the stress and monetary expense already inherent to any legal action.

When my case took unexpected turns, Jonathan was agile and effective in his response, even when the straightforward divorce turned into an international custody battle that went to federal court. Responsive at every turn, efficient, and wise in his counsel, Mr. Katz's legal services gave me real value for my investment.

Elizabeth A. Ledkovsky

Diane

Being a single mom, I had enough stress in my life. I had no idea how to go about protecting my self. My daughters were my priority. Jon walked me through the process. He turned a difficult time into a workable solution.

Diane Chiriani

John

Jon's integrity towards his clients is what makes him a standout attorney. He makes it a priority to know whats important to you. You're not just a number. He is up front with you right from the start. He will not string you along just for his financial benefit. He is only willing to settle the case if thats truly what you want. Anytime I called him I received a call back from him that day. Not someone else in the office. He is an attorney that has a passion for whats important to his clients.

John Morrissey

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