Frequently Asked Questions

In an uncontested divorce, both spouses agree on major issues like property division and custody. A contested divorce means disagreements must be resolved through negotiation or court proceedings, which typically takes longer and costs more.

A separation agreement is a binding contract that addresses child support, custody, property division, and debt. In New York, after living under the agreement for one year, either spouse can use it as the basis to file for divorce.

Mediation is often faster, less expensive, and less adversarial than litigation. It works best when both parties are willing to communicate and compromise. At Robert S. Beehm, Attorney at Law, mediation is used to draft reasonable agreements on custody, support, and property division without stepping into a courtroom.

The court evaluates each parent's age, employment, mental and physical health, history of substance abuse, and existing relationship with the child. Testimonials from people familiar with the family may also be considered. The guiding principle is always the child's best interests.

New York uses a statutory formula based on both parents' incomes and the number of children. Support typically remains in effect until the child turns 21. Getting the agreement structured correctly from the start is critical, as modifications later require a court petition.

New York recognizes several arrangements, including temporary custody, physical custody, legal custody, joint legal custody, and shared physical custody. Each serves a different purpose, and the right choice depends on the family's specific circumstances and the children's needs.

A first DWI offense in New York can result in jail time, fines up to $1,000, and a minimum six-month license revocation. You'll also face increased insurance costs and a permanent mark on your record. An experienced attorney may be able to reduce charges or penalties significantly.

Losing driving privileges affects every part of daily life - getting to work, school, medical appointments, and family obligations. Robert S. Beehm, Attorney at Law works to explore every legal option to minimize these consequences or potentially avoid a conviction altogether.

Without a will, New York's intestacy laws dictate how your assets are distributed - which may not align with your wishes. Your family could also face a lengthy and costly probate process. Establishing a will, trust, and power of attorney prevents disputes and gives your loved ones clear direction.

Ideally, these should be established while you're healthy and of sound mind. A health care proxy designates someone to make medical decisions if you're incapacitated, while a power of attorney covers financial and legal matters. Waiting until a crisis hits makes the process far more complicated.

Foreclosures in New York can take up to 15 months and typically go through the court system. Options may include loan modification, repayment plans, short sales, or legal defenses challenging the lender's actions. An attorney ensures all possibilities are considered before any decisions are made.

The petition must include your reason for the change, criminal history, bankruptcy rulings, outstanding judgments or liens, pending lawsuits, and child or spousal support obligations. After court approval, New York also requires a legal advertisement of the name change and updates to official records.