How To Establish Residency
Register to vote. Get a driver’s license. Get a job. Open charge accounts. Register your car. Take out a library card. The list is endless. But whatever you do, do not maintain a residence in another state that could imply that you do not intend to remain in the state from which you file.
Does It Matter Which Lawyer Provides My Consultation
Sometimes clients request to work with a specificdivorce attorney. Other times, clients come to us based on a referral to the firm in general. Whatever your situation, you should feel confident about the fact that the attorneys work together on every matter. It doesn’t matter which lawyer you see for your initial consultation, because you get the knowledge and experience of both.
What Are Your Options For Divorce
It is in your best interests to fully understand all of your options when you are thinking about getting a divorce. The path that you ultimately take will be determined by the relationship you have with your spouse.
You see, there are only two ways that you reach a final resolution:
Thats it. Those are the only two ways to get a divorce in New York.
The type of divorce sets the frameworks for how you get to a final resolution. The process you and your spouse choose sets the tone and shapes the outcome of your divorce.
Before we get into the details, theres one thing I want you to keep in mind:
One type of divorce is not better than another. Divorce is not one size fits all.
Okay, here are the types of divorce:
Do-It-Yourself Divorce: What I like to call the kitchen table divorce. This one is pretty straight forward. You dont hire any professionals and attempt to resolve all your differences with your spouse. The biggest downside is you dont know what you dont know. Id steer clear of this approach unless you dont have kids or any money.
Pro Tip:
Litigation: The default option and also the most expensive. If you and your spouse cant agree on one of the other options, then youre headed for litigation. Litigation is an attorney-driven process. While the majority of cases settle before going to trial, that doesnt mean litigation wont wreak havoc on you and your kids.
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A Guide To Divorce In New York
Every divorce comes with its own unique set of circumstances, but the vast majority of divorces in New York must follow the same rules and procedures no matter what issues surround a couples marriage and impending divorce.
This guide will help you understand what many of those basic rules and procedures are so that you can equip yourself with important information that you will need to help you get through the divorce process.
Depending on your situation, you should also learn as much as you can through other sources such as a family law attorney, your county courthouse, friends and relatives who have gone through a divorce, and online resources to help you deal with the financial, social and emotional challenges you will face along the way.
Here are some of the more important things you will need to know as you start working through the divorce process in New York.
New York Divorce Facts
According the Centers for Disease Control , the divorce rate in New York in 2011 was 2.9 for every 1,000 residents. The divorce rate in New York is lower than many other states in the country.
New York allows couples to seek either an at-fault divorce or a no-fault divorce. In an at-fault divorce, you must prove that your spouse is responsible for the need to divorce. Some accepted grounds for an at-fault divorce in New York include adultery, imprisonment and cruel and inhuman treatment. For most people, it is easier to seek a no-fault divorce as you do not need to prove anything other than the relationship is irretrievably broken. In New York, the relationships must be broken for at least six months. In addition, New York generally requires that you or your spouse have lived in the state for at least one year before you can file for divorce.
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Spousal Maintenance In New York
Laws changed in 2015 that created a presumptive formula to determine how much spousal maintenance one spouse should pay another. These amounts and time periods are presumed to be correct unless evidence can be presented to show why those variables should be changed. The court does have the discretion to order different amounts based on explanations in may be given.
Temporary support is ordered to paid to an ex-spouse while a divorce case is pending and is ordered as part of proceedings in Supreme Court. Spousal maintenance is ordered by the Supreme Court as part of the divorce, but the Family Court will have the jurisdiction to modify or enforce the order after the divorce is finalized.
For a marriage up to 15 years, maintenance will last for 15% to 30% of the length of the marriage. For marriages lasting 15 to 20 years, maintenance will last 30% to 40% of the length of the marriage. For marriages lasting more than 20 years, maintenance will last 35% to 50% of the length of the marriage.
Courts can adjust spousal maintenance based on a number of factors. Some of those include:
Can I Get A Divorce If My Spouse And I Still Live Together
Yes, if you are filing for a fault-based divorce or under the no-fault option. However, if you plan on filing a separation agreement, this requires that the parties live separate and apart for one year after entering into the agreement. However, you should keep in mind that in many cases, starting a divorce action while living with your spouse may not only be emotionally difficult, but it may also be dangerous for you and your children if there has been domestic violence in the home.
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Get Your Case On The Court Calendar
If your spouse agrees to the divorce or defaults by failing to respond, the next thing you need to do is get your case on the court’s calendar.
In order to get your divorce case on the calendar, you will have to fill out the remaining applicable forms . When you’ve completed the necessary forms, you can file them with the clerk.
If approved by the judge, they will issue a divorce judgment.
How Do I Serve The Divorce Complaint On My Spouse How Long Do I Have To Wait To Receive My Divorce
The divorce complaint must be personally served upon your spouse by a person, other than yourself, who is at least 18 years of age. How long you will need to wait for a divorce again depends on the complexity of your situation, the number of issues that need to be resolved in the divorce, how amicably you and your spouse can be with each other, etc.
There are too many factors that come into play to give a more specific and precise answer than this.
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File Your Own Divorce In New York: Free Downloadable Divorce Forms
Sadly, over 50% of marriages fail. To add insult to injury, divorce proceedings can take years and cost thousands of dollars in legal fees.However, it is possible to file your own divorce in New York for no more than the state divorce form filing fees. This page provides all of the forms you need to initiate your do-it-yourself divorce in New York.
Is Military Retirement Marital Property
Yes, a military pension is treated the same as any other retirement plan. In order for the military to make direct retirement payments to an ex-spouse, the couple must have been married 10 years overlapping with 10 years of service.
In New York, the same formula used for 401k, IRAs and other retirement accounts applies to military pensions.
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Uncontested Divorce In New York City New York
OnlineDivorce.com offers quick and professional preparation of divorcepaperwork, always tailored to the nuances of the particular case.
We are eager to break negative stereotypes about online divorce. If your divorce case isuncontested, you are a great candidate for online divorce even if you have children orproperty, it can work for you. In other words, if the spouses desire to arrange an amicable,uncontested divorce is mutual, they really can execute this without an attorney, saving timeand money while not sacrificing the quality and legitimacy of their paperwork.
How does it work?
To register on the OnlineDivorce.com, customers must complete a shortquestionnaire and provide data about their location, and specifics of the case. With thisinformation, OnlineDivorce can select the correct set of divorcepapers for New York City residents.
Along with local rules and requirements, we take into account all the fine-print detailsthat may determine which forms are necessary for your divorce proceeding. AlthoughOnlineDivorce.com doesn’t provide legal advice, our customer supportis aimed to help you through the online documents preparation process so that a) you getyour completed paperwork, and b) the court approves it.
Getting your documents prepared for filing for divorce in New York, New York hasnever been as easy, fast, and cheap as it is now with the helpof OnlineDivorce.com.
Grounds For A Ny Divorce
The fault grounds for divorce in New York include:
- Adultery
- Abandonment a year or more
- Imprisonment for 3 years or more
- Cruelty or inhuman treatment like physical or mental abuse
In the case of a no-fault divorce, there is no need to assign any blame on your spouse and there is no need to give a specific reason for the breakup.
No fault New York divorce can be based on any of the grounds as follows:
- Your marriage has suffered an irretrievable breakdown for at least 6 months i.e. your spouse and you cannot get along any more.
- Living separately and apart for a year or more after a judgment of legal separation.
- Living separately and apart for a year or more after a separation agreement.
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Divorce Residency Essentials To Get Divorce In New York
If only one spouse resides in New York at the time of filing the divorce, the residency requirement is two years. However, the requirement is reduced to one year if:
- The spouses were married in New York and either spouse is still a resident
- They once resided in New York and either spouse is still a resident or
- The grounds for divorce arose in New York.
In addition, there is no residency time limit requirement if both of the spouses were residents of New York at the time of filing the divorce and the grounds for divorce arose in New York. The divorce may be filed for in a county where either spouse resides. .
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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Is Ny A 50/50 Custody State
Increasingly, states and some judges start with a presumption of equal sharing time. New York is not a 50/50 time-sharing state.
However, New York joins the rest of the country in that legal joint custody is presumed in most cases. This means that both parents equally share the rights to decisions for the children like where the child lives, education, religion, health and other major topics.
Exceptions that result in a judge awarding sole custody in New York can include where abuse, addiction, and mental illness.
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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The Divorce Summons In New York State
In New York state, you only have twenty days to answer a divorce summons personally delivered to you under New York law, so you must immediately contact a divorce attorney to start working on your divorce case. Since it is unlikely that you already know which New York family law firm or divorce attorney you wish to retain, you will need to do your research and interview your top candidates quickly to get on board with a legal team that is a good match for you and your needs. Make sure to choose an experienced family law attorney who listens to you and answers your questions honestly, even if it isnt the news you were hoping for, and who makes you feel respected and comfortable in their presence.
What Is A Separation Agreement
A separation agreement is a written contract between you and your spouse that outlines the rights and responsibilities of each spouse while living apart.
Generally, rights and responsibilities in a separation agreement include division of property and debt, how much child support you will pay or receive, child custody and visitation.
A couple things to note:
- Having a separation agreement is what makes you legally separated. You are not legally separated unless you have it.
- You and your spouse must voluntarily agree to all the terms of your separation agreement. The court will not force a separation agreement upon you.
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Same State Different Addresses
You do not have to remain at the same address to fulfill your residency requirement. You can move anywhere within the state from which you are filing. The forms do not require you to list all addressees, but you should be prepared to prove where you lived during the separation in the final hearing.
How Retirement Accounts Are Split In New York Divorces
How long do you have to be married to get half of your spouse’s retirement? Can I get half my husband’s retirement in the divorce?
In short: you are likely entitled to a portion of your spouse’s retirement account balances that were contributed to and any growth or loss accrued during the marriage.
When it comes to dividing up any 401, IRAs and other retirement accounts, most New York judges split 50/50 any balance that was accrued during the time of the marriage split.
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Placing Your Case On The Divorce Calendar
If your spouse signed the affidavit of defendant, then you can place your case on the court calendar at any time. If your spouse did not sign the form, then you have to wait the specified period of time after serving your spouse with the papers.
TheNew York Courts website has specific instructions for filling out each of the following forms, all of which must be completed before your case can be placed on the court calendar:
- Summons with Notice or Summons and Complaint
- Affirmation of Regularity
- Affidavit of Plaintiff
- three copies of the Note of Issue
- Findings of Fact/Conclusions of Law
- Judgment of Divorce
- Part 130 Certification
- Affidavit of Defendant
- Certificate of Dissolution of Marriage, and
- USC 111 Divorce and Child Support Summary Form.
If your spouse did not sign and return the affidavit of defendant, then you must also file:
- Affidavit of Service , and
- Sworn Statement of Barriers to Remarriage .
If you and your spouse have children together, then you also have to file the forms related to child support .
If you’re filing in a court other than in one of the five New York City Boroughs, then you must also file the “Request for Judicial Intervention .”
Bring all of your completed forms to the county clerk’s office to file them. Unless you were granted a waiver based on income, you may have to pay certain filing fees. The clerk will submit all of your papers to the judge. If the court approves your paperwork, a judge will issue a judgment of divorce.
Who Can File For A Divorce In New York State
INTRODUCTION: You may file for a divorce in New York either you or your spouse satisfies the residency requirements provided by New York law. I have provided answers to some frequently asked questions in cases where at least one of the spouses lives outside of New York. These answers are, of course, very general. You may contact me for a consultation so that I can answer your specific questions. I do ask, however, that you read over these questions and answers carefully before you contact my office so that we can focus on the specifics of your case at the consultation.
Q: I live overseas and my spouse lives in New York. Can I file for a divorce in New York?A: Yes, you can file for a divorce in New York if one of residency requirements is met. Generally, if your spouse has lived in New York for over a year, you may file for a divorce in New York regardless where you live.
Q: My spouse lives in a foreign country and I live in New York. Can I file for a divorce in New York?A: Yes, you can file for a divorce in New York if one of residency requirements is met. Generally, if you have lived in New York for over a year, you may file for a divorce in New York regardless where you live.
Q: My spouse and I split time between New York and abroad, can I file for a divorce in New York?A: Yes, as long as you maintain a residence in New York.
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