General Divorce Information
Disclaimer Notice: You want to settle your case out of court in order to avoid the embarrassment and mental anguish that comes along with a public display of your personal problems, and you want to shield your children and yourself from becoming an unwitting victim or winner of the court system.
New York Equitable Distribution Lawyer
Just like your Verified Complaint, the Counterclaim must set forth allegations of fact with certainty and specificity. Also, the pre-divorce standard of living must also be considered under the case of Hartog vs.
New York divorce law - Wikipedia
For example, if the property or fund was inherited, acquired before the marriage or after commencement of the action, or if it was derived from a personal injury law suit it is probably separate property not subject to equitable distribution.
However, a divorced person can ask the Family Court to modify change an already existing order of support. Custody is a parent's legal right to control his or her child's upbringing. If you start the divorce action by filing and then serving a summons without a complaint, your spouse has twenty days to serve a "notice of appearance". The Affidavit will ask you to list your expenses and assets. Call for a consultation Request a Consultation. When you go to court, the Judge will most likely first ask to speak with the attorneys only.
For more information, including the Uncontested Divorce Packet, divorce forms, and instructions, see the New York Courts website. Attorneys may need to depose many persons associated with the marriage, separation, and divorce custody or child support case.
The New York Courts website has specific instructions for filling out each of the following forms, all of which are required to place your case on the court calendar:. Do not be afraid to ask your NY divorce lawyer how many trials he or she have participated in, how many cases they have handled and what kind of results they have gotten for other like situated clients. However, if no one can find them and no death certificate is on record, then that waiting period usually applies.
How Do I File for Divorce in New York DivorceNet
Your recourse is NOT to stop paying child support, as that could land you in jail for contempt of a Court Order. You can find information about mediation and collaborative law on the New York Courts website. The mediator does not represent either party, but, instead, tries to get the parties to agree on all the terms of their divorce.
Durational maintenance is more commonly awarded where the spouse seeking support is relatively young and healthy and is not required to care for young children.
If your spouse is employed by a corporation or large firm, be knowledgeable about his or her employee benefit package. Waging your war against the other spouse? Pleadings are used to show the Court what you intend to prove at trial.
Any NY divorce lawyer that takes that approach initially is insensitive to the financial and emotional needs of your family. If your spouse files a "Notice of Appearance" and disagrees with any part of your divorce papers, then your divorce is no longer uncontested and you should consult an attorney. Do I get more money if my spouse is at fault?
The Answer may also contain counterclaims. These issues center on Grounds, Support, Property and Custody.
How Do I File for Divorce in New York
Do not look upon a divorce as a "war", unless it becomes one. Related Articles. If you and your spouse were married in New York, and either of you is a resident of New York when the divorce action is started and has been a resident of New York for a continuous period of one year immediately before the commencement of the divorce action you have residency to file a divorce action.
If your spouse lives in another state, you have to follow the rules for service in that state.