New York Joint Petition

State:
New York
Control #:
NY-6JD-54
Format:
PDF
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Description

Joint Petition

New York Joint Petition is a legal document used in the state of New York to allow two or more people to jointly file a petition or application in a court. It is also known as a joint petition for relief or application in the state of New York. This document is used for a variety of legal proceedings including divorce, name change, and adoption. There are three types of New York Joint Petition: Joint Petition for Divorce, Joint Petition for Name Change, and Joint Petition for Adoption. In a Joint Petition for Divorce, the parties agree to the terms of the divorce, such as spousal support, the division of assets, and custody of children. In a Joint Petition for Name Change, the parties agree to a change of name for either or both of them. In a Joint Petition for Adoption, the parties agree to the adoption of a child. All of these documents must be signed and notarized by both parties.

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Abandonment: Your spouse "abandons" you for at least a year. This means that your spouse has left you, or kicked you out, and does not intend to return. Imprisonment: If your spouse goes to jail for three or more years. However, if your spouse was released more than 5 years ago, you cannot divorce for this reason.

What if I can't serve the papers because I can't find my spouse? If you cannot find your spouse, you can request permission from the court to publish a notice of the divorce in the newspaper or post a notice in the courthouse. This is called a Motion to Serve by Publication or Posting.

This is called responding. Note: You have 20 days from the day you were given (served with) divorce papers to respond. If you do not respond to contest the divorce, the divorce can be granted without your agreement.

How Can We Get Joint Custody? Usually a judge in New York will only grant joint custody when both parents agree to it. Even then, a judge will question the parents to determine whether joint custody is in the best interests of the child. If a judge feels joint custody will be successful, they may then grant it.

The Filing Fee An uncontested divorce costs at least $335 in total court and filing fees. This does not include the cost of a lawyer, photocopies, notary fees, transportation, mailing, process server fees, etc.

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.

?Yes ? in New York State, you can get a divorce without your spouse's signature if your spouse fails to respond to the summons (?no signature required? divorce) or if you cannot locate your spouse (?divorce by publication?).

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New York Joint Petition