Frequently Asked Questions

1. How long will my divorce take?

Every divorce case is different, and much will depend on the particular issues unique to your case, as well as how cooperative your spouse or the other litigant is in cooperating. Additionally, each judicial department of the Family Court operates on its own timetable, with cases randomly assigned. Unfortunately, it is not possible to predict how long a specific case might take to litigate, although Mushkin Rosenblum makes every effort to move your case through the judicial system as efficiently as possible.

2. How much will my divorce or custody case cost?

Again, every divorce case is unique and much depends upon how cooperative your spouse or the other litigant is when it comes to addressing the issues in dispute. At Mushkin Rosenblum, we are mindful that litigation can be an expensive and time-consuming process, and in our initial discussions, we will focus on formulating a projected budget for your case so as to best minimize any unexpected costs.

3. What is the difference between legal and physical custody?

Any topic that can be addressed in a divorce can generally be addressed in a legal separation, including the division of property and debts, spousal support, custody and visitation and child support. The only difference is the marital status of the parties continues. A legal separation may be appropriate when a party is seeking to avoid a religious prohibition on divorce, a loss of military or other spousal benefits or a loss of medical insurance.

4. What is the difference between a legal separation and a divorce?

Any topic that can be addressed in a divorce can generally be addressed in a legal separation, including the division of property and debts, spousal support, custody and visitation and child support. The only difference is the marital status of the parties continues. A legal separation may be appropriate when a party is seeking to avoid a religious prohibition on divorce, a loss of military or other spousal benefits or a loss of medical insurance.

5. What should I do to begin preparing for my divorce?

Information is your best resource and our best resource to advocate for your benefit. Make a list of all the property and debts you and your spouse own. Include in the list the account numbers, balances, addresses, year/make/model of any vehicles. Make copies of all income information, including you and your spouse’s year-to-date pay stubs and tax information for the preceding year, including returns, W-2 statements and 1099’s. Also, make copies of recent bank, credit card and retirement account statements, titles, insurance policies, loan applications and promissory notes. Take pictures of furniture, furnishings and personal property of value.