Frequently Asked Questions
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Patience is key as the process can span several years. Typically, conferences are organized every few months. Forensic investigations may require more than half a year. Trials don't usually happen daily. Instead, they stretch over a number of months. Additionally, it might take quite a few months to receive a court decision.
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I am sorry you and your child are going through this. These types of cases are heart-wrenching because even if you can prove that the other parent alienated the child against you, unless the child is very young, it is very hard to repair that relationship.
What I have seen some courts do is require the parent who alienated the child to pay for therapy to repair the relationship, but this is a slow process to repair.
The court process is also slow and proceeds on these three steps:
Attorney For Child: The court will appoint an attorney for your child early in your matter. The attorney will speak to your child in private. I hope this attorney can clarify the issues for the court and resolve the outstanding issues.
Forensic Examination: If not, the court will most likely appoint a forensic, usually a mental health professional, who will do a family assessment to determine what is causing the relationship issues. Retainers for forensics usually start at $10,000. The forensic will meet with you, the other parent, and the child, with people you think are important for the forensics to meet with—these are called collaterals—and then finally issue a report.
Trial: Hopefully, the case will be settled if the report proves the alienation. If not, a trial will be held, and the court will decide based on the parties' credibility. The rule of thumb is that the Court defers to the attorney for the child (AFC) and the forensic at least 75% of the time.
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Child support is generally modifiable under certain circumstances unless you have an agreement that waives modification. Also, realize that the Child Support Standard Act cap increases every two years, so as of 2024, the amount was raised from $163,000 to $183,000.
This does not mean you do not have a defense; it does mean that this is a fact-specific determination.
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It depends. On the one hand, marriage is a romantic relationship. On the other hand, it is also a legal relationship. Our philosophy is to think of discussing potential issues with a future spouse so that, in the event of a divorce, the process may be easier. If you want to memorialize these discussions in an enforceable agreement in case either of you has a change of heart, then it may be helpful to consider a prenuptial agreement. Arlene Dubin's book, Prenup for Lovers, echoes our philosophy.
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Ideally, I recommend starting the process before sending the wedding invitations but at least 120 days before the date of the wedding.
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If you would like to retain us to prepare a prenuptial agreement, our set fee is $5,000.
If you already have a draft prenuptial agreement, our set fee is $4,000.
If you're interested in only discussing the agreement in a consultation, feel free to book a strategy session. During this session, we'll deliver a high-level analysis of your prenuptial agreement terms.
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The main difference is that you enter a post-nuptial agreement after the marriage, whereas you enter a pre-nuptial agreement before the marriage.
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I'm sorry, but I can not assist you with that. However, I recommend reaching out to Melissa Wagshul at Rosin Steinhagen Mendel for further assistance.
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If all issues are resolved except for the granting of the divorce, the time to get divorced could extend beyond a year from when you submit the divorce papers to the court in densely populated counties like New York or Kings. Conversely, a divorce could be granted in less populated counties like Orange or Dutchess in just a few months.
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