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This Divorce Worksheet and Law Summary for Contested or Uncontested Cases is a package that contains the following: information about divorce in general, definitions, visitation, child support, child custody as well as other matters. Worksheets are also included that include detail information and financial forms. Ideal for a client interview/information form, or for you to complete prior to an interview with an attorney. This package is also ideal for you to read and complete before attempting your own divorce.
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New York Divorce Interesting Questions
The divorce procedure in New York begins with filing a summons and complaint, which is then served to the spouse. The spouse then has a certain period to respond. If both parties agree on the terms of the divorce, it can be finalized through a settlement agreement. If not, it may proceed to litigation.
Yes, New York is a no-fault divorce state. This means that neither party needs to prove fault or place blame on the other spouse for the divorce to be granted. Irretrievable breakdown of the marriage relationship for at least six months is sufficient grounds for divorce.
To file for divorce in New York, either you or your spouse must have lived in the state continuously for at least two years prior to filing. If only one spouse meets this requirement, they must have resided in New York for at least one year before filing.
The length of time it takes to get a divorce in New York varies depending on the individual case. If both parties agree on all issues, and there are no complications, it can take around four to six months. However, if there are disputes and the case goes to trial, it can extend the process to a year or more.
New York follows the principle of equitable distribution when dividing marital assets. The court considers factors such as the length of the marriage, each spouse's contribution to the marriage, the income and property of each spouse, and the future financial prospects of each party.
Spousal support, also known as alimony, is an amount of money paid by one spouse to the other after a divorce to provide financial support. The court determines the amount of spousal support based on factors such as the length of the marriage, the earning capacity of both spouses, and the standard of living established during the marriage.
Yes, child custody arrangements can be modified after a divorce is finalized if there is a substantial change in circumstances. However, the court always focuses on the best interests of the child when making custody decisions.
While it is not required by law to hire an attorney, it is highly recommended to seek legal representation when dealing with divorce. Divorce involves complex legal issues, and an attorney can guide you through the process, protect your rights, and ensure you receive a fair outcome.
The cost of a divorce in New York can vary depending on various factors, such as whether it is contested or uncontested, the complexity of the case, and attorney fees. On average, a divorce in New York can range from a few thousand dollars to tens of thousands of dollars.
Yes, once your divorce is final, you are free to remarry without any legal restrictions. However, it is advisable to take the time to heal emotionally and consider the implications of entering a new marriage.
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