How Can I Hire An Attorney To Represent Me If My Spouse Controls All Of Our Money
New York law recognizes that you are entitled to a fair share of your marital property during the divorce process the court should not allow your controlling spouse to have an unfair advantage. C& L has leveled the playing field in numerous cases,most notably obtaining an order for temporary spousal support in excess of $30k per month plus legal fees.
What Forms Do I Need To File A Divorce In New York
All you need to file for a divorce is a Summons with Notice. This merely places your spouse on notice that you are commencing a divorce action and it briefly sets forth the ground upon which your action for divorce is based as well as the relief you are seeking.
A complaint is also required, which sets forth more details concerning the marriage and the ground 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.
New York Property Division
In a New York divorce, the marital property is usually divided equitably, i.e. the property and debts that were acquired during your marriage are divided on what is considered fair and not necessarily on an equal basis. Your income, home and personal possessions are all considered as your property.
While dividing the property, the court will consider your spouses and your financial circumstances in the future, tax circumstances of both spouses, value of the assets or any business interest and the need for the custodial parent to live in the family home. The court may also divide the separate property of both spouses if it believes that this is fair, i.e. the court can allocate the property brought into the marriage by one of the spouses to the other spouse at the time of divorce.
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Requirements For Divorce In New York
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The New York law recognizes no-fault and fault-based grounds for divorce.
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Unlike most states that have a simple residency requirement, you can file for divorce in New York if you meet any one of the following requirements:
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If your spouse and you were married in New York and either one of you at least has lived in New York for a minimum of 1 year before filing for divorce.
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Your spouse and you have lived in New York as a couple and either one of you at least has lived in New York for a minimum of 1 year before filing for divorce.
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The grounds of divorce have occurred in the state and either one of you at least has lived in New York for a minimum of 1 year before filing for divorce.
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The grounds of divorce have occurred in the state and both your spouse and you have lived in New York when the process of divorce started.
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Either your spouse or you have been a resident of the state for a minimum of 2 years immediately before filing for divorce.
There is no waiting or cooling-off period in New York.
What If My Spouse Does Not Want The Divorce
If the ground for divorce is anything but No-Fault, then the spouse that does not want the divorce needs to make every effort to prevent the other spouse from proving that their grounds for divorce have merit. If successful in preventing that, the court will not grant the divorce. However, because New York has recently become a No-Fault state, it appears that the granting of a divorce is inevitable.
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.
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How Do I File My Divorce Papers In New York
When you get your completed forms from New York 3StepDivorce, your next step will be to file your divorce paperwork with the correct court. The New York Supreme Court located in the county where either you or your spouse lives is the court that will decide your divorce case. You will file your papers with the county clerks office.
If youre located outside of New York City, you can find the contact information for the Supreme Court in your county at this link. If youre located within New York City, you can find the contact information for your court at this link.
In most courts, you will have to file the initial divorce paperwork in person. Some courts, however, do allow you to file electronically .
What Do I Bring With Me To My Initial Consultation
When you arrive at Coffinas & Lusthaus, you are asked to fill out a client intake sheet. If you would like to get a head start on filling out this form, you candownload a copy of ithere and bring it with you on the date of your consultation. Some of the items may not be relevant to your situation. Please fill out the form to the best of your ability and we can review it with you in person.
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Inability To Work Together
If the spouses are unable to cohesively collaborate on solving key issues, then the resolution process simply is taken out of their control and into the hands of a judge, which not only increases the amount of time the divorce process will take, but also increases the amount of money you will have to pay your attorneys for court appearances, document preparation, and more.
What Are The Grounds For Divorce In New York
New York allows both no-fault and fault-based divorces. When you file for a no-fault divorce, you dont have to prove that your spouse was at fault for ending the marriage. New York has three no-fault grounds for divorce:
- Irretrievable breakdown of the marriage. One of the spouses must state under oath that the marriage has been irretrievably broken for at least six months.
- The spouses must have lived separate and apart for at least a year after a court granted a decree of judgment of separation.
- The spouses must have lived separate and apart for at least a year after signing a written separation agreement.
A fault-based divorce is based on a claim that your marriage is ending because your spouse engaged in a type of misconductcruel and inhumane treatment, adultery, abandonment , or a crime that landed your spouse in prison for at least three years. .)
Fault-based divorces are almost always more expensive and lengthy, because the spouse accused of misconduct is sure to fight the allegations. And of course, a no-fault divorce based on separation means waiting at least a year before you can start the divorce proceedings. Thats why most New York couples who are getting divorced choose no-fault divorce based on irretrievable breakdown of the marriageand why New York 3StepDivorce currently provides services only for couples who are getting divorced on that ground.
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What If I Am In The Military And Out Of The State Of New York
There are certain protections afforded members of the military who are stationed out of the state or country for military service. Requests for a stay on the proceedings can be requested, which prevents anything from occurring in the action during the period that court determines the stay shall be in effect.
Additionally, there are also protections of the service man or womans 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.
How To Get A Quick Divorce In New York
This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.There are 16 references cited in this article, which can be found at the bottom of the page. This article has been viewed 271,402 times.
Divorce in New York can be accomplished quickly if the two spouses can agree on distribution of property, custody of children, and support and visitation. If you meet the residency requirements, New York has a step-by-step procedure for uncontested divorces including forms and detailed instructions.
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Evidence You Can Collect
In general, you can access any information regarding assets, income, and debts that is within your possession.
- Text, email, and other electronic communications that you received or sent
- Your own phone records, if presented to prove the existence and duration of an incoming or outgoing call
- Your financial records and,
- Related materials that you control, own, or possess.
So How Fast Can I Get A No
If both parties truly, mutually agree to move forward through the divorce process, you can apply for a no-fault, uncontested divorce. Some major issues to agree upon before attempting to file for a no-fault divorce include:
- equitable distribution/division of all property
- the payment or waiver of spousal support
- the payment of child support
- the payment of attorney and expert fees and expenses and
- custody and visitation agreements regarding any minor children.
In a perfect world, the process is smooth and complete in as little as six weeks. If the are mistakes or disagreements, divorces can take months or even years to settle. It all depends on the specific circumstances of your case. A knowledgeable attorney can help ensure the process is completed as quickly and efficiently as possible.
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Preparing The Uncontested Divorce Forms
As with most legal proceedings, you’ll need to submit some forms to start your uncontested New York divorce case. Even with an uncontested divorce, you’ll fill out the forms as the “plaintiff,” while your spouse will be the “defendant.”
The New York State court system provides some divorce forms and instructions online. There are separate packets of forms and instructions depending on whether you and your spouse have children:
- If you and your spouse don’t have children under the age of 21, you may use the DIY forms for New York’s streamlined “uncontested divorce program.”
- Otherwise, you may use the uncontested divorce forms with children.
The main forms to start the uncontested divorce process are:
- Summons and Verified Complaint , which include the ground for your divorce as well as the “relief” you’re requestingmeaning the issues you want addressed in your case
- the plaintiff’s affidavit
- a partially completed Judgment of Divorce, and
- various standard notices.
You’ll need to prepare other forms if you have children under 21, including a child support worksheet and an income worksheet.
Avoid The Pitfalls By Contacting Our Albany Divorce Lawyers
You can see that divorce process in NY is complicated, so its a mistake to represent yourself. You put your legal rights at risk unless you have a legal background, and errors can be even more costly than retaining an attorney. At The Colwell Law Group, LLC, our dedicated divorce lawyers have helped many New York couples through the proceedings, and well ensure protection of your interests. For more information on our divorce-related services, please contact our team today. We can set up an initial consultation for you at our Albany offices, where we serve clients throughout the Capital District region.
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What Are The Residency Requirements To File For Divorce In New York
You may file for divorce in New York if you meet one of these residency requirements:
1 NY Dom Rel Law § 230
Discuss The Benefits Of Transparency With An Experienced Divorce Lawyer
If you would like to learn more about the advantages of full disclosure in a divorce case, please call the Colwell Law Group, LLC today. Our legal team can explain more about how the divorce process in NY works and how transparency offers benefits throughout the process. If you suspect that your spouse is concealing assets, we are prepared to seek relevant information and fight for your rights in court.
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In New York How Long Does A Contested Divorce Take
A disputed divorce in New York lasts 9 to 12 months. However, for various reasons, the length of a divorce lawsuit can vary.
Again, some cases can take years to reach a divorce decision, and it is not unheard of for divorces to last a decade.
On the other hand, uncontested cases can often be concluded in under three months.
Divorces dont always need to be finalized in court. Instead, when a lawyer first meets with a client, he appropriately assesses all of the divorce concerns, and if the client wishes, he will try to reach a pre-filing divorce settlement.
This comprises letters to the other spouses divorce counsel and settlement suggestions. Obtaining a final settlement could take 3 to 4 months, depending on progress, including cooperation and the likelihood of a resolution. Often the other spouse will be amenable as it is in their interest to put it behind them and minimize legal expenses.
The final divorce documents are created and sent to the court for signature when a settlement has been agreed upon.
How Can I Have A Quick New York Divorce
Not everyone is able to dissolve a marriage peacefully, cheaply and quickly, but many New York couples are becoming the exception to the rule. Indeed, some couples are even celebrating the friendliness of their divorces by taking happy divorce selfies outside the courthouse to commemorate the first day of their new and separate lives as single people.
One strategy for ensuring a quick divorce is to file for an uncontested divorce. An uncontested divorce involves both spouses coming to agreement on all issues involved in the process. In other words, both spouses will agree on divorcing, and they will agree on matters of child custody, visitation, child and spousal support, and asset division. When the parties can come to agreement on all these issues prior to the divorce filing, then the process is deemed uncontested and there is no need to go to court.
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How To Get A Quick Divorce In New York State
If you are looking for a quick divorce, you probably know that a lot depends on where you live. However, there are things you can do in any state to make your divorce go through faster.
Most times, a quick divorce means an uncontested divorce. This means that both spouses have agreed that they want a divorce, and more importantly, they have agreed on all issues about the division of property, care of children, etc. It is these issues that can take a long time to resolve.
If you have children, keep in mind that the court will usually consider the childs best interests above all else when it comes to custody arrangements. This means that in principle, even if you have agreed an arrangement for custody, the court could overturn that and give a different ruling.
Even in the case of an uncontested divorce, you will need separate representation. This usually means different lawyers. You will each tell your lawyer what you have agreed, and the two lawyers will communicate with each other and with you to draw up all of the documents.
This is quickest way to get divorced. It is also the least painful for most people, and the cheapest, because the lawyers do not need to spend much time on it. Remember, anything that wastes a lawyers time will add to the bill.
New York Long Divorces
But until recently, long divorces were almost always the norm. Thats because New York was the very last state by 25 years to adopt no-fault divorce, only joining the rest of the country in 2010. Prior to the reform, one partner needed to be held responsible for the divorce on grounds such as adultery, abandonment or cruelty.
If fact, one explanation for the current backlog in New York courts is the 2010 reform that makes it much easier for people to divorce now.
It might be easier, but its not necessarily much faster. Before a no-fault divorce can go through, both spouses first need to reach an agreement on everything from property division to child custody.
No-fault divorce is based on a breakdown of a marriage over a period at least six months long. In a few cases, divorcing couples have still had to undergo trials to determine whether their marriage was indeed irrevocably broken down, the Wall Street Journal reported in 2012.
Though the rate New Yorks court system processes your divorce may be out of your control, a skilled attorney can make sure your no-fault divorce goes as smoothly as possible once it hits the courts.
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