A Separation Agreement is an agreement on all the issues you and your spouse need to resolve before getting divorced, such as the division of marital property (assets and debts), child custody, visitation and support issues, and Temporary Maintenance and Post Divorce Maintenance (commonly known as ‘alimony or spousal support’), if any. The separation agreement… Read more »
Posts Categorized: Did You Know?
You can begin an action for divorce based on abandonment grounds if more than one year has passed since one of the following incidents happened: 1. Your spouse moved out of the marital residence without your consent (“Actual abandonment”); or 2. Your spouse made you leave the marital residence without your consent and has refused… Read more »
If you don’t want to use no-fault, in order to get a divorce you must state legally recognized “grounds” for divorce in your papers, even if both you and your spouse want the divorce. Premier Paralegal can help you get divorce using ONLY the following grounds: 1. Abandonment (actual, constructive or sexual) 2. Living apart… Read more »
In New York, you can now get divorced without either party admitting any fault. Domestic Relations Law §170 was amended on October 12, 2010 to add “irretrievable breakdown” in subdivision 7 as a “no-fault ground” for divorce. It provides that a husband or wife may be granted a judgment or divorce on the ground that:… Read more »
It is proper to file in the county where you reside, or in the county where your spouse resides. It is possible to file in another county if the parties agree, and the court will allow it. Be advised that it is strictly at the pleasure of the court whether or not they will take… Read more »
Generally, the New York courts will be able to divorce the husband and wife. However, if the children are not residents of the State of New York, the New York courts generally can not make orders about custody, visitation, or child support.
New York courts will only accept your divorce case if they have “jurisdiction” to do so. New York courts generally have jurisdiction where: Either you or your spouse has lived in New York continuously for at least two years at the time you start the divorce action (file the divorce summons) Or Either you or… Read more »
If no response has been filed and no judgment has been obtained, the spouse who began the divorce action can file a form informing the court that he or she does not wish to pursue the divorce (“Notice of Discontinuance”) and the case will be dismissed. If your spouse has responded to your papers, both… Read more »
If a response to your papers is filed by your spouse, the case is contested. The proper form of a response is a “Notice of Appearance,” which usually contains a “Demand for a Complaint.” CONTACT Premier Paralegal IMMEDIATELY. You will respond to this Notice by serving (by mail) and filing a “Verified Complaint” which details… Read more »
In order to get divorced you must either agree with your spouse that your case will be a ‘no-fault’ divorce, or you must demonstrate grounds for divorce. You can also obtain a divorce in New York on the grounds that the parties have been living separate and apart pursuant to a written Separation Agreement for… Read more »