Legal Question in Family Law in New York

I live in the Bronx, New York, and am attempting to file for divorce. My husband and I have been separated for approximately 3 1/2 years and we have a 13 year old son that lives with me and whom I have sole custody since he was 6 months old. My husband has had no contact/support with my son during that time, and I have gotten along without anything from him, otherwise, I would have petitioned family court for support. My question is -- do I have to file in Bronx County alone? Can I file without including anything regarding support/visitation? I just want a quick, uncontested divorce.


Asked on 6/08/10, 1:52 pm

1 Answer from Attorneys
Steve Brodsky Esq. CheapNewYorkLLC.com

You do not need to file in the Bronx. In fact, if you do, it will be a big mistake for many reasons. I strongly suggest you file in NY County (Manhattan) or even Westchester as permitted under CPLR 509. Avoid filing in the Bronx at all costs.

As far as your child, you do indeed have to include his info in the divorce papers, as well as the minimum child support required by law. Whether or not you actually collect the support is up to you, but it must be stated in the papers.

For more info, you can see my website at http://www.NYCDivorceCenter.com.

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Answered on 6/08/10, 5:19 pm


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