Frequently Asked Questions
Advice from a Knowledgeable Staten Island Divorce Lawyer
I have more than 2 decades of experience handling family law and divorce cases throughout Staten Island. This gives my firm a unique perspective in even the most complicated cases, such as couples with high net worth or multiple assets. In addition, my Staten Island divorce law firm is dedicated to keeping abreast of the laws so I can find solutions that are not only binding, but always keep your best interests in mind.
I offer free initial divorce consultations for all divorce cases. Read answers to frequently asked family law questions below, or call The Law Office of Keith M. Casella, P.C. at (718) 557-9137.
Are there requirements to file for divorce in New York?
Before you can get divorced in New York, you and your spouse need to fulfill certain residency requirements. These include being a resident of the state of New York for at least a year and residing in the state as a married couple. Recent New York legislation has made it so the state is now considered a “no fault state,” meaning you do not have to prove this ground in order to get divorced.
Am I eligible for spousal maintenance?
While each case is unique, spousal maintenance may be awarded to a spouse if they were financially dependent on the other spouse during the marriage or “less monied”. The court will also look at how long you were married, if there are minor children, the earning capacity, education, and training of each spouse, the ability to earn a living wage in the future, and other financial obligations.
Who will get custody of our children?
In child custody matters, it is always best to come to an informed decision based on the best interests of your child or children. Legal custody, or the ability to make decisions regarding healthcare, schooling, or other issues, is separate from physical custody. However, it still is determined based on the best interests of your children and a judge will look at relevant parenting factors before making any lasting decisions.
Reviews From Our Valued Clients
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I hired Casella & Casella to help me with a car accident case. The attorneys were very responsive to me and kept me informed of the status of my case. I've hired other attorneys in the past and i have always felt like I was doing the attorney a favor. Here it was the other way around. I really felt like I was treated with dignity and respect.- Edward
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I called this morning with a question and Keith himself was able to answer it. It’s unfortunate that I live in jersey and can’t use his services but considering how efficient he was and the fact he gave me his time of day with no problem… I would most certainly recommend him! Thank you for your time sir!- Krystle R.
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Mr. Casella was and is kind, patient and quite competent. Extremely helpful I highly recommend him.
- Robert D. -
Casella and Casella, LLP was wonderful in helping me with my divorce. The attorneys were responsive to my questions, kept me informed on the status of my case and were very professional. I would recommend this firm to any one who needs legal help.- Denise