A Contested Divorce In Manhattan
Very often, a couple who has filed for divorce has moved beyond the ability to work cooperatively with each other. A contested divorce in New York is when the parties disagree on at least one variable of the divorce. This can be a property dispute or a disagreement on child support or alimony. But a contested divorce will require both spouses be represented by lawyers who work in their best interest and that of their children.
Needless to say, when there is disagreement, it can often take a long time to resolve and finalize a divorce. Documents must be drafted and meetings scheduled in order to come to a settlement between the spouses. If that isnt possible, the case will go before the court for resolution.
If you are considering a divorce and need the guidance of an experienced New York divorce attorney, contact the law office of Juan Luciano Divorce Lawyer for an initial consultation. Mr. Luciano has practiced family law in the State of New York since 2008.
Ny Alimony / Spousal Support
One of the spouses may be ordered by the court to pay alimony to the other. Usually, the judge will consider many factors before determining the amount of alimony such as the duration of the marriage, the earning capability of each spouse, the capability of the receiving spouse to become self-supporting and the homemaking and financial contribution of each spouse to the marriage. If any spouse wants to modify the permanent alimony award, he/she must prove that the circumstances have changed significantly such that the alimony is not appropriate any longer.
What Are The Grounds For Divorce In New York
There are multiple grounds that can be alleged in New York in a divorce action. However, in October of 2010 New York State became the last state to finally enact a No-Fault divorce ground.
Therefore, it is likely that most, if not all, future divorce actions will be brought under this ground, although all of the other remaining grounds are still available.
The grounds for divorce in New York are: 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.
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What Is The Difference Between Contested And Uncontested Divorce
Most people want to avoidcontested divorce because this type of divorce proceedings happens in court. Court battles are often long, cost more money and cause an excess of unnecessary hostility between both parties. If you want to pursue uncontested divorce on the other hand, the agreements surrounding your divorce will be decided outside of court. Since uncontested divorce sounds so much more favorable, you may be wondering how you can qualify.
What Is An Rji
After court service and filing, parties in the divorce case cannot make significant headway on court proceedings without filing a Request for Judicial Intervention or RJI. An RJI is a document that initiates a divorce case. This document is filed to ensure that the case gets before a judge. How quickly this is accomplished depends on whether:
- the defendant has responded to your lawsuit or
- there is an emergency that requires immediate intervention by the court
Typically, an RJI can be filed at least a month after a complaint is filed and served. After doing so, you can expect to be scheduled for your Preliminary Conference within approximately 30-45 days unless theres a pressing matter that speeds up the process.
The preliminary conference is the point at which all the relevant information from both sides is identified and scrutinized. Depending on how complex a court case is, the Court provides a discovery schedule at the preliminary conference. Whatever their complexity level is, cases should follow the goal to resolve everything within the set period of time.
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Long Island Attorneys Help Eliminate Down Time To Expedite Your Divorce
If you want an uncontested divorce done quickly and correctly, you need an attorney with experience. There are innumerable factors that can drag out legal proceedings, so your attorney must know how to anticipate impediments and resolve them in a timely manner before they lead to frustrating and costly delays. At Bryan L. Salamone & Associates, P.C., weve been negotiating and litigating divorces for more than 20 years. We are Long Islands largest and busiest family law and divorce firm because we provide effective service that meets our clients needs. When you come to us for an uncontested divorce, we focus our teams efforts on achieving a resolution that meets your goals in a timely manner and at a reasonable cost.
How Long Does It Take To Get A Divorce In New York
Juan Luciano
When it comes to filing for a divorce, there is nothing more emotionally taxing than a divorce that seems to go on forever. And there are many factors that weigh into how long it will take for a divorce to be finalized. But in many cases, it comes down to a matter of how contentious the divorce is and how the spouses interact with each other.
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Q: How Is Child Custody Decided In New York
New York Family Law Courts makecustody decisions based on the best interests of the child. The definition of this term is subject to some interpretation, making it extremely important for you to have a skilled child custody attorney on your side to argue your case and advocate for the interests of you and your children. Some of the things the Court takes into consideration when deciding custody include:
- The childs current living arrangements
- The stability of each parents home environment
- The financial stability of each parent
- The emotional and mental stability of each parent
- The childs preference
Consult An Experienced Long Island Attorney To Expedite Your Uncontested Divorce
Bryan L. Salamone & Associates, P.C. has the experience to move your uncontested divorce efficiently through the court system. To schedule a free initial consultation with a determined attorney, call us at 1.631.479.3839 or contact our office online. Pick up the phone and get the process started today!
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What Should I Do If My Spouse Files For Divorce Against Me
If you are served with divorce papers but do not agree with any of the terms that your spouse is asking for in the divorce, you have a limited amount of time to file your own papers in response to the divorce petition. If you are served with a summons with notice, you can answer in the case by filing and serving upon the other party a notice of appearance and demand for complaint. If you are served with a summons and verified complaint, you may answer in the case by filing and serving a verified answer and counter-claim, in which you can ask for whatever relief you want in the divorce. For specific advice on how to serve a notice of appearance and/or on how to fill out and serve a verified answer and counterclaim, especially if you are not sure which one to file, please consult with a lawyer. There are many steps to proper service, including knowing how to serve the papers to the opposing party, how to fill out and file an affidavit of service and what papers need to be filed with the court. It is generally best to get legal advice to be sure that everything is done properly.
As the divorce progresses, there will be a series of court dates where you will have to appear in court in order to deal with the issues within the divorce. We strongly recommend getting a lawyer to represent you since contested divorces can be quite complicated and complex. Go to our page for legal referrals.
Step : Finalizing Your New York Divorce
In an uncontested divorce, once the defendant is served, he/she may respond in any of the ways mentioned below:
The defendant files his/her answer with the supreme court and also serves the plaintiff, which means that the divorce becomes a contested one.
The defendant signs the Affidavit of Defendant form, which means that he/she agrees to all the terms of the divorce and you can move the next step i.e. calendaring.
The defendant doesnt respond, which means that he/she has defaulted and you move to the next step of calendaring.
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Residency Requirement And Waiting Period
To get a divorce in New York, one of the following scenarios must apply:
- you were married in New York and one spouse has lived in the state for at least one year
- you lived in New York as a married couple and either spouse has lived in the state for at least one year
- the grounds for your divorce arose in New York and you or your spouse has lived in the state for at least one year at the time you file for divorce, or
- you or your spouse has lived in the state for at least two years.
Once your case is filed in New York, there’s no formal waiting period before a judge can enter a decree of divorce in your case.
Same-sex couples who married legally in another marriage-equality state can get divorced in New York as long as they meet the residency requirements.
How Much Does A Divorce Cost
The NY Courts website lists a schedule of fees for initial divorce filings in on page 5 of their divorce packet. For an uncontested divorce, the inital court filings may represent the majority of the cost. However, for contested divorces, where motions are commonly filed, experts may be ordered to do evaluations, and a lawyer is usually required, the costs can increase greatly.
If you cannot afford the filing fees, you may file an application to proceed as a poor person. Here, for example, is an affidavit that would be filed when asking to have the fees waived The clerks office can tell you exactly what forms to file. If you qualify, you will not have to pay the fees.
Attorneys usually charge an hourly rate, ranging from $175 to $450 or possibly even more, depending on experience. They usually require an advance retainer, which is an initial deposit against which you are billed. You might be able to get an attorney for no cost through our NY Finding a Lawyer page or, if you are low-income, you may be able to get an attorney appointed for you by the court to handle custody and visitation matters.1
1 NY Judiciary Law § 352 NY Dom. Rel. Law § 2373 NY Dom. Rel. Law § 237
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How Long Will I Have To Pay Child Support
In New York, child support payments continue until the child reaches the age of 21. Other orders such as custody and visitation end when the child is emancipated at 18, but child support does not end until the child turns 21 years old.
There are some exceptions, usually where both parents agree to end child support earlier and get approval from the Court. It is much more difficult when the supporting parent wants to end support payments early, but the custodial parent does not agree. In any case, it is best to consult a family law attorney.
Is It Legal To File For Divorce Without Using A Lawyer
It is legal to file for divorce without using an Attorney. When a person represents themself without having a Divorce Attorney, they are referred to as proceeding “Pro Se.”If you represent yourself in Court, you are called a “pro se litigant” or a “self-represented litigant.””Pro se”is a Latin term, meaning “on one’s own behalf” and a “litigant” is someone who is either suing someone or is being sued in court.
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New York Divorce & Coronavirus
In response to the COVID-19 pandemic, New York Family Courts have moved all proceedings to telephone and/or video conferencing. New York Supreme Courts are currently open subject to sanitation and social distancing guidelines, but since divorcing couples only need to interact with the Supreme Court in order to obtain a final decree, e-filing is the best solution. Check or call for more Covid-19 updates and information. Because the courts initially faced a wider shutdown, you may experience some delay. If you opt for an online divorce with Its Over Easy, then your case will most likely be unaffected by the coronavirus pandemic.
It’s Over Easy 145 South Fairfax, Suite 200, Los Angeles CA 90036Disclaimer: OverEasy is not a law firm and your use of the Service does not and will not create an attorney-client relationship between you and OverEasy. We do not provide legal advice through the Service. The Service may facilitate access or introductions to an attorney or other licensed professionals in various ways, including, for example, by providing you with their contact information. These services will not create an attorney-client relationship between you and OverEasy.
OverEasy is not a lawyer, law firm, lawyer directory, or a lawyer referral service. OverEasy does not endorse or recommend any particular lawyer, or any other professional, that is listed in the index. Lawyers and other professionals are listed in the index for advertising purposes only.
How To File For Divorce In New Yorkhow To Get Divorced In New Yorkhow To File Divorce Papers
The basic steps for how to get a divorce in New York:
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Experienced Representation Is A Must
Divorce is nothing to be ashamed of. At Wisselman, Harounian & Associates, we are ready to assist you and your family through your most trying times and help you navigate any unexpected obstacles that may arise.
We understand that there is no one-size-fits-all solution when it comes to divorce. We strongly believe that whenever possible, settlement opportunities should be explored, but if an out-of-court settlement is not possible, our firm is prepared to zealously advocate for your rights to custody, support, and asset distribution.
Ready to take the next step towards a brighter future? Get in touch with our Long Island family law team at 773-8300 today! We offer no-fee, no-obligation consultations and can work with your busy schedule to find a time convenient for you.
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Should I Hire A Lawyer For An Uncontested Divorce
Even if you and your spouse have agreed on all aspects of your separation, it is still recommended that both parties seek counsel from an uncontested divorce attorney in New York. Although the uncontested divorce process is generally not as complicated as that of acontested divorce, you must still ensure that all necessary paperwork is properly completed and filed. A single mistake could result in the outright dismissal of your case and the loss of your filing fee.
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Expedited Ny Divorce Quickand Easy
Our Expedited Divorce service allows you to get the fastest, most convenient uncontested divorce possible.
In order to qualify for our Expedited Service you and your spouse must be in agreement about the terms of your divorce such as child support, child custody, spousal maintenance and the division of any property or assets .
Were able to finalize your divorce with no court appearances or office visits. All we need you to do is answer a few simple questions and we can get your Expedited divorce started.
Our goal is to keep this often stressful process as smooth and easy as possible for you. Getting your divorces accomplished quickly will help alleviate your stress as well. We handle your case with the utmost care and attention to detail, ensuring we are able to achieve your goal of a fast divorce.
The steps above clearly outline how our quick divorce process works.
Weve helps hundreds of clients obtain quick, easy and convenient divorces with no court appearances or office visits required.
To learn more about how do get a quick divorce call us at or fill out our free consultation request form.