Regarding Child Support Issues, What if My Spouse and I Cannot Agree, or What if My Spouse Has to Be Served with the Divorce Papers?

| Did You Know?, Preparing for Divorce

If your spouse will not agree or has to be served with the divorce papers, you MUST adhere to the CSSA guidelines. In addition, if you and your spouse cannot come to a written agreement about child support, ALL child support MUST be paid through the NYS Child Support Collection Unit. It is possible to… Read more »

What is the Difference Between Separate Property and Marital Property?

| Did You Know?, Preparing for Divorce

Separate property is generally property which either party brings into the marriage, is acquired during the marriage with separate funds, or received by inheritance, gift or as the proceeds of a personal injury lawsuit. Marital property is property owned jointly by husband and wife, each having a fair (“equitable”) interest in the property by reason… Read more »

How is Our Property Divided in a Divorce?

| Did You Know?, Preparing for Divorce

Marital property includes anything earned or acquired by either spouse during the marriage that is not separate property. This includes wages earned by either spouse, increased value of pensions, and debts incurred by either spouse during the marriage. New York’s Domestic Relations Law requires “equitable distribution” of the couple’s marital property at the time of… Read more »

What is the Process of Getting a Divorce If Your Spouse Will Not Sign All Necessary Forms:

| Did You Know?, Preparing for Divorce

Step 1: Index Number is purchased and Summons with Notice is filed. This starts the process. Step 2: Spouse is served in person by a process server with a copy of the filed Summons with Notice, and other necessary documents (Affidavit of Defendant, Sworn Statement of Removal of Barriers to Religious Marriage, Child Support Standards… Read more »

What Is the Process for Getting a Divorce If Your Spouse Will Sign All Necessary Forms?

| Did You Know?, Preparing for Divorce

If your case is uncontested, then your case should proceed generally as follows: Step 1: Index Number is purchased and Summons with Notice is filed. This starts the process of obtaining a divorce. Step 2: Spouse is given a copy of the filed Summons with Notice, and other necessary documents (Stipulation of Settlement, Affidavit of… Read more »

What is "Cruel and Inhuman Treatment"?

| Did You Know?, Divorce 101

To obtain a divorce on the ground of cruel and inhuman treatment, the spouse seeking a divorce must provide details, including dates and locations, of specific incidents of cruelty towards the spouse carried out by the other spouse. All incidents described must have happened in the five years immediately before the divorce is started. To… Read more »