Divorce is allowed in New York if one or both spouses have been a resident in the region for at least one year before filing or if you got married in another state but one of the parties has resided in the city continuously for at least two years before the commencement of divorce. Couples can divorce on no-fault grounds or fault-based ground. No-fault grounds came in place on October 12, 2010, where marriage gets dissolved if it has failed to work irretrievably for at least six months. On the other hand, fault-based grounds include inhuman and cruel treatment, three years imprisonment, abandonment, and adultery. In New York, the property is distributed equally except when there was antenuptial or prenuptial agreement. The court may award spousal support during the process to either party after evaluating various factors.
Divorce in New York is complicated because you have to fill many forms even if it is uncontested. Once you fill the documents, you should take them for filing at the county clerk’s office. Afterwards, you will be given an index number for your case. You have to give your spouse copies of the complaints and summons within 120 days, any day except for Sundays. Also, you can have someone close to you deliver the prints as long as they are residents of New York. In case your spouse resides in a different state, you have to follow the rules of that region. For spouses who have kids, you must include a copy of Child Support Standard Chart together with the other documents. Additionally, you should remember to include Form UD-7 (Affidavit of Defendant) with clear instructions on how to fill the paper. It should be filled out by your spouse and sent back within 40 days.
To avoid a trial or have an uncontested divorce, both spouses must settle all issues such as alimony, child support and custody, and division of property. These problems can get solved through mediation whereby you and your spouse come to an amicable agreement, which is subject to be reviewed by a judge. In case you and your spouse fail to agree, you can file the petition in a family court. The court calculates child support based on the standards which the child or children enjoyed before the divorce. In New York, 17 forms get filled for an uncontested divorce. The forms can be downloaded and printed. Regardless of who filed for divorce, if the wife adopted the name of the spouse, divorce petition can be used to restore the maiden name.
Divorce can be a confusing and challenging process at times. Your family and friends may support you, but the guidance of an attorney is crucial. If you want the process to be fast and painless, you should consider hiring a divorce lawyer in New York through a firm such as Spodek Law Group. New York divorce process requires comprehensive knowledge of the matrimonial law. As mentioned above, divorce involves documentation of paperwork, which can be tough without the guidance of a lawyer. Attorneys go to law school where they are equipped with right skills to handle divorce cases. These lawyers have the right experience to handle all sorts of divorce cases, which is crucial in gathering evidence for your case. More significantly, your lawyer will coach you on how to present yourself in court.
Moreover, if you want to win the case, you have to refrain from aggressive behavior in the court of law. Additionally, you will need additional effort to fight for your personal property such as cars. A New York divorce lawyer will assist you to retain ownership of some of your belongings. Once the divorce case is finalized, you will want to move on with your life. With the aid of an experienced New York lawyer, you will win a fair settlement to ensure emotional and financial stability.