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    Home»Law & Legal»New York Court Divorce FAQs
    Law & Legal

    New York Court Divorce FAQs

    AngelineBy Angeline4 Mins Read
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    What Is A Divorce?

    A divorce is a legal process in which a marriage is ended and the legal rights and responsibilities of each spouse are determined.

    Where Do I Go For A Divorce?

    In New York, one would go to the county courthouse to file for a divorce. Divorces are usually filed in the county where the petitioner (the person filing for divorce) lives.

    What Is An Annulment?

    An annulment is a legal process in which a court declares a marriage to be void, as if it never existed.

    How Do I Start A Divorce Case?

    To start a divorce case, one would file a petition for divorce with the court. The petition should include information about the marriage and the grounds for divorce.

    When Should I Hire A Lawyer To Get Divorced?

    In New York, a divorce can either be contested or uncontested. If the divorce is contested, a lawyer would be necessary for representation in court. However, even if your divorce is uncontested, you should not assume you won’t need a lawyer. A divorce lawyer can still help in settling negotiations and ensure your divorce documents are in proper order. Essentially, you should always hire a lawyer when getting divorced.

    What If I Cannot Locate My Spouse?

    If you cannot locate your spouse, you may still be able to get a divorce using a service by publication. This means that you would have to publish notice of the divorce in a newspaper and wait a certain amount of time before you can proceed.

    What Are The Legal Requirements In Order To Start A Divorce Case?

    To start a divorce case in New York, one must meet the state’s residency requirements. Also, one of the parties needs to have legal grounds for divorce that has occurred in New York.

    What Is The Difference Between A Contested And An Uncontested Divorce?

    In a contested divorce, both parties are unable to reach an agreement on one or more issues related to their separation, like property division, child custody, etc. In an uncontested divorce, both parties reach an agreement and the court only needs to ratify it.

    What Is A Statement Of Net Worth?

    A Statement of Net Worth is a document that lists a person’s income, expenses, assets, and liabilities. It is often required by the court as part of a divorce or custody case.

    Where Can My Spouse And I Get Help To Work Out Our Differences Outside Of Court?

    Marriage counseling in Westchester, NY, and mediation are two ways to work out differences related to divorce and separation. This can be done outside of court.

    What Is Custody?

    Custody refers to the legal right to make decisions about a child’s care and upbringing, including decisions about education, healthcare, and religious upbringing.

    What Are The Differences Between Physical Custody And Legal Custody?

    Legal custody refers to the right to make decisions about a child’s care and upbringing, while physical custody refers to the child’s physical residence.

    What Happens To Property After A Divorce?

    After a divorce, the property is divided in accordance with the state’s laws on property division. This can be done through negotiation, mediation, or court decision.

    What Is The Equitable Distribution Law?

    The Equitable Distribution Law is a system of property division in which property is divided fairly between the parties, not necessarily equally.

    Can I Get Alimony?

    Whether or not a spouse can receive spousal maintenance (alimony) depends on the individual circumstances of the case, and a judge will take various factors into consideration when making a decision.

    What Can I Do If I Am A Victim Of Domestic Violence In New York?

    If you are a victim of domestic violence, you may be able to get a restraining order to protect yourself and your children. You should contact a local domestic violence agency or an attorney for more information and assistance.

    Where Can I Find Out More Information?

    For more information on divorce and related issues in New York, one can check the New York State Unified Court System website or consult with a family law attorney. Additional resources and information are also available from organizations such as the American Bar Association and the New York State Bar Association. Also, a marriage counseling in Westchester, NY, can provide more information if you’re considering divorce, and support if you’re still hoping to work out your issues together.

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