Frequently Asked Questions
Insights from a Trusted Staten Island Divorce Attorney
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) 550-4152.
What Are the 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 in Staten Island?
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.
How is Child Custody Determined in Staten Island?
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 HIGHLY recommend Mr. Casella. He has been absolutely fantastic, responsive and extremely ethical. I find Mr. Casella to be honest and I trust all the advice he gives me while helping me navigate a difficult and stressful situation. I am so happy to have found him!!- Ashleigh M.
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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
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My family and I have used Casella & Casella many times over the past several years for many different legal matters. They have never steered us wrong and we have always been extremely satisfied with all of their services. I have recommended them to many friends and relatives and will continue to do so.- Christine Lyons
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Keith Casella I was pleased when you represented me in my divorce. I know I have the right advocate who has a great understanding of what transpired between me and my spouse. Thank you for your attention to this matter, and I wish you continued success in your profession. I wanted to thank you for your support and help in this matter. I had a wonderful experience with you during this difficult time. Your assistance with my divorce is greatly appreciated. Thanks for your prompt responses and for solving my problems without allowing me to go through any stress whatsoever. I greatly appreciate your help with my case. I would like to thank you for your support, and for guiding me through the legal process. Thanks once again for having a genuine interest in my divorce. You are the best lawyer I have ever hired.- Less