The Five Most Frequently Asked Questions in a Divorce

Although, every divorce is different, I find that many of my clients have the same or similar questions. The following are the five most frequently asked questions I am asked by my clients:

1. How much will my divorce cost?

Answer: Unless your divorce is a true uncontested divorce, with no children and no assets (i.e., both parties agree to get divorced and no one is going to challenge the divorce), it is virtually impossible to give an exact figure of how much your divorce will cost. There are just too many variables. For example, who your spouse hires as his/her attorney is an important factor, as some attorneys will drag things out (for no good reason). Another variable is which judge will be selected.

2. How long will it take for the divorce to be finalized?

Answer: Similar to the above answer, it is difficult to know exactly how long it will take for your divorce to be finalized. However, a good guideline is anywhere from 1 to 3 years, but, again, it may take shorter or longer, depending on how complicated or easy your divorce is.

3. How much money will I have to pay in child support (or receive in child support)?

Answer: Here, the answer depends on how many children you have and each parties’ income. If both parties are “W2” employees, then it usually can be determined how much you will pay or receive in child support. However, if either party is self-employed or earns “off-the-books” income, then it may be more difficult to determine the exact amount of child support.

4. Will I be able to stay in my house?

Answer: Your ability to remain in your house will depend on many factors, including: (i) whether you can afford the mortgage, real estate taxes and homeowner’s insurance by yourself; (ii) whether you will be able to pay your spouse his/her portion of their equity in the house; and (iii) the ages of your children.

5. Will I get custody of the children?

Answer: Since, there are so many variables, this is a very difficult question to answer in the abstract. In determining custody, the court will look at several factors, including: (i) who has been the primary caregiver; (ii) whether there has been parental alienation; (iii) availability of the parent; (iv) domestic violence, and many more factors.

At the Badanes Law Office, we know that you have lots of questions about your divorce. David Badanes has the experience to answer your questions from both a legal perspective and a practical perspective. Mr. Badanes has helped clients involved in very complex divorces as well as simple uncontested divorces, and everything in-between.

If you live in Suffolk County, Nassau County or New York City and need a divorce (matrimonial) lawyer, then call David Badanes, Esq. at 631-239-1702, email at or visit our website:

The Badanes Law Office has offices in Northport, Garden City, Brooklyn and Manhattan.

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