What is the difference between a divorce and an annulment?
What is the difference between being divorced and being legally separated?
How long does the divorce process take?
What is an uncontested divorce?
How does the court determine child support?
Can a prenuptial agreement affect whether or not I can get custody of my children?
What are the grounds for divorce in New York?
- Cruel & inhuman treatment
- the abandonment of the Plaintiff by the Defendant for a period of one or more years
- the confinement of the Defendant in prison for a period of three or more consecutive years after the marriage
- the commission of adultery voluntarily performed by the Defendant with a person other than the Plaintiff after the marriage
- living apart pursuant to a decree or judgment of separation for a period of one or more years after the granting of such decree or judgment;
- living separate and apart pursuant to a written agreement of separation signed by the parties for a period of one or more years after the signing of the agreement
- the relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath.
Paragraph 7 above is the No-Fault ground for divorce in New York and what this essentially means is a divorce will be granted on that ground only after the parties or the court has resolved ALL issues in the marriage. This is different from all of the other grounds for divorce in New York which requires that the party prove the ground for divorce before a final determination will be made on all of the other economic and custody issues of the marriage.
What is a divorce going to cost me? Can I afford it?
It is extremely difficult to determine how much a divorce will cost. I have seen divorces range from a few thousand dollars to over a hundred thousand dollars. Because each case has its own unique qualities (and sometimes people), it is hard to state how much it will cost.
I think the real question in most cases is “Can I afford to not get a divorce?” With New York now becoming the last state in the country to enact No-Fault divorce, divorces are pretty routine and will likely be granted in most cases, if not all.
Therefore, the ultimate question is what will be the end result? Given this landscape, it is important to have an attorney that is experienced and practices in the area of family and matrimonial law to assist you in protecting your rights throughout the divorce process.
It is much more difficult (and significantly more costly) to try and undue an agreement reached that may never have happened if you had an attorney from the start. You could very well have to end up living with an unjust result.
What can a divorce lawyer do for me?
Do I really need to hire an attorney?
Although you may not like the idea of having to hire and pay for an attorney, doing so may be the best decision you make. An experienced attorney will make sure to protect your rights and make sure that you are not taken advantage of by your spouse and/or her/his attorney.
Does New York grant divorces based on marital fault?
The presumptive award of maintenance is to be paid by the spouse with the higher income. The court has discretion to adjust the presumptive award if the court determines the award to be unjust or inappropriate.
Can I change my name at the time of divorce?
Can I get an annulment?
- the former spouse of one of the spouses is still alive and the prior marriage is still in force (i.e. no judgment of divorce or annulment granted);
- one or both parties to the marriage had not attained the age of legal consent;
- one of the parties was a mentally retarded person, or a mentally ill person (generally the action can only be maintained during the continuance of the mental illness);
- one of the parties was physically incapable of entering into the marriage;
- consent to the marriage was obtained by force, duress or fraud; or
- one of the parties has been incurably mentally ill for five or more years.
You should speak with an attorney on this issue as the specifics of who can maintain an action for annulment on these grounds and the time periods applicable to each ground are too involved to set forth here.
When can I file for divorce?
With respect to the grounds of living separate and apart pursuant to a decree or judgment of separation, or pursuant to a written separation agreement of the parties, you must wait at least one year from the date of the decree or judgment, or the date the written separation agreement was signed by the husband and wife before filing a divorce action.
Finally, with respect to the No-Fault law in New York, one party needs to swear under oath that the marriage has been irretrievably broken for at last six (6) months.
Other than this, you can file a divorce action at any time, subject to some time limitations that apply to certain grounds for divorce.
When is my case going to be over?
Do I have to go to court?
At what point during the process can a spouse remarry or start dating?
What if my spouse does not want the divorce?
However, with No-Fault divorces in New York, all issues of the marriage need to be resolved prior to the No-Fault divorce being granted. Therefore, all issues on custody, support, spousal maintenance and equitable distribution of marital assets need to be resolved first.
As such, it is possible to delay the divorce by fighting over these issues, but keep in mind that if the parties cannot reach a resolution on theses issues, the court will eventually schedule a trial on these issues and make its own determination and then move on to granting the No-Fault divorce.
Do the other issues – support, custody, alimony, and property – have to be decided before the divorce is final?
However, with the No-Fault divorce, these matters must be agreed upon by the parties or resolved by the court before the court can render a No-Fault divorce.
How long do I have to live in this state to obtain a divorce?
- Parties were married in New York and either party is a resident of New York when the action was commenced and has been a resident for a continuous one (1) year period immediately prior to the commencement of the action. OR
- Parties have lived in New York as husband and wife and either party is a resident of New York when the action was commenced and has been a resident for a continuous one (1) year period immediately prior to the commencement of the action. OR
- The cause of action happened in New York and either party has been a resident of New York for a continuous one (1) year period immediately prior to the commencement of the action. OR
- The cause of action happened in New York and both parties are residents of New York at the time of the commencement of the action. OR
- Either party has been a resident of New York for a continuous period of at least two (2) years immediately prior to the commencement of the action.
After I file for divorce, do I have to continue to live in this state?
What if I am in the military and out of state?
Additionally, there are also protections of the service man or woman’s rights and defenses if a stay is not granted and orders or judgments are entered. This is a very detail oriented area and therefore a more in depth discussion would need to be had with an attorney familiar with the laws that apply.
What forms do I need to file a divorce?
A complaint is also required, which sets forth more details concerning the marriage and the ground(s) for divorce alleged by you. The Complaint is typically filed with the Summons, but is not required. If not served with the Summons, it will need to be served at a later date.
At any time can a parent change a minor child’s last name without the other parent’s permission?
Under New York Law, notice of the time and place when and where the petition will be presented must be served, in like manner as a notice of motion upon an attorney in an action, upon (a) both parents of the infant, if they be living, unless the petition be made by one of the parents, in which case notice must be served upon the other, if he or she be living, and (b) the general guardian or guardian of the person, if there be one.
But if any of the persons, required to be given notice by this section, reside without the state, then the notice required by this section must be sent by registered mail to the last known address of the person to be served.
If it appears to the satisfaction of the court that a person required to be given notice by this section cannot be located with due diligence within the state, and that such person has no known address without the state, then the court may dispense with notice or require notice to be given to such persons and in such manner as the court thinks proper.
How and where is a divorce complaint filed?
How do I serve the divorce complaint on my spouse? How long do I have to wait to receive my divorce?
How is a divorce granted? Will I have to go to court?
What typically happens if I go to court to obtain my divorce myself?
How do I prove fault for divorce?
Can a couple become legally married by living together as man and wife under the state’s laws (common law marriage)?
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