The New York Sworn Statement of Removal of Barriers to Remarriage (form UD-4) is a document that is used to dissolve a marriage and remove the legal impediments that may prevent a couple from remarrying. It is a form that is filed in the county clerk's office in the county where the marriage was entered into and is typically used when a previous marriage was not formally dissolved through divorce or annulment. The form is used to declare that any legal impediments, such as debts, legal claims, or other issues that could prevent future marital contracts, have been resolved. There are three different types of New York Sworn Statement of Removal of Barriers to Remarriage (form UD-4): 1) “No Legal Impediment” Form UD-4, 2) “Custody and Support” Form UD-4, and 3) “Property and Support” Form UD-4. Each form is used to declare that the listed impediment has been resolved, allowing the couple to proceed with remarriage.
New York Sworn Statement of Removal of Barriers to Remarriage (form UD-4),
Description Removal Of Barriers To Remarriage
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FAQ
In 2010, New York was the last state in the United States to enact a true ?no-fault? divorce statute. Now, a spouse seeking a divorce in New York State may allege under oath, in a Verified Complaint, that the relationship of the spouses has broken down irretrievably for a period of at least six months.
In New York, as in all states, you need a legally accepted reason (or "ground") to get a divorce. The grounds for divorce in New York include both fault and no-fault reasons. Among the fault-based grounds, you may get a divorce if the judge finds that your spouse has committed adultery.
What is the difference between a fault and no-fault divorce? legal separation for over a year. By contrast, in a no-fault divorce, a spouse only has to attest under oath that the marriage has been ?irretrievably broken? for at least six months.
The Grounds This ground is usually called a no-fault divorce. To use this ground, the marriage must be over for at least 6 months, and all economic issues, including debt, how the marital property will be divided, and custody and support of the children have been settled.
Some uncontested divorces are resolved as quickly as six weeks, while others can take six months or more. Since New York does not have a waiting period, a divorce that both parties agree on takes roughly 3 months for the papers to be filed with the court.
Once your spouse receives the necessary divorce papers (the Summons with Notice or Summons and Complaint), your spouse can acknowledge service and sign the Affidavit of Defendant, granting you the right to proceed with the divorce without any further action on their part. This is a True Uncontested Divorce.
New York's equitable distribution law specifies that you are entitled to a division of all ?marital property? assets that were acquired during the marriage. With few exceptions, marital property generally includes both spouses' income, purchases made with that income, and retirement benefits.
New York's equitable distribution law specifies that you are entitled to a division of all ?marital property? assets that were acquired during the marriage. With few exceptions, marital property generally includes both spouses' income, purchases made with that income, and retirement benefits.