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Divorce in New York State
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You tried everything: marriage counselor, your church,
even mediation but came to a final conclusion that you
must obtain a divorce for one reason or another. There
are two kinds in New York State uncontested and contested.
They both require filing fees to be paid to the Supreme
Court for index number and request for judicial intervention.
There will additional charges by the clerk's office for
various documents including dissolution of marriage. These
charges apply to both uncontested and contested divorce.
Obviously, the uncontested divorces are less expensive because both spouses agree on the terms of the divorce and all the issues in the divorce like division of their property and child custody, if they are present. There are even non-legal firms which sell package forms which may be sufficient for a simple uncontested divorce. Given the significance of the final document, it is still recommended for both spouses to get advice from their own lawyer even in a simple uncontested proceeding.
Issues like property division and children often complicate divorce proceeding and are difficult to resolve on your own. Mediation through a licensed mediator may resolve those issues with spouses who retained their civility and common sense and prepare the case for the courts. Often, the parties simply can not get it accomplished without lawyers. Avoid the ones who will promise you the world, the house, all the money and humiliation moral destruction of your spouse. First of all it is not going to happen; secondly, such lawyers will let you down.
Business Owners in particular may find themselves and their business partners and associates in a difficult situation. Protect your business assets by drafting a good buy-sell agreement and create a good will pact with your spouse which may cover both prenuptials and post nuptials agreements. Courts require full disclosure of assets and fairness. Have your business appraised by your lawyer. Such appraisal is confidential and persuasive on the judges.
If you have children and they live with you, then the other spouse must pay you child support in accordance with the New York Sate Law. 17% of spousal income for the first child, 24% for the second and 33% for the third. Even if you do not have a lawyer, or can not afford one because you have not gotten on your financial feet yet after the other spouse left you; you can go to the Family Court and file a petition for child support on your own. It is very simple and the clerk will help you. I advise you to do it right away so that you begin to receive some income for the benefit of the children and the household (It starts with the date you file the petition).
It does not make any difference who has what kind of lawyer or if any are present. Both spouses will have to sign affidavits of financial disclosure called statements of net worth. The magistrate simply performs a mathematical function and determines the amount of child support. The other spouse may file a petition for visitation or even custody and then there will additional hearing to determine such issues but the ultimate divorce must be obtained before a Supreme Court Judge. Family Court does not grant divorces. By the time you reached this stage, it may be time to get an experienced matrimonial lawyer.
If you file for Divorce in New York State you must have
grounds for divorce like adultery or cruel and inhuman
treatment. There are other grounds like abandonment or
constructive abandonment but you should discuss it with
your lawyer during the consultation. You also have to
satisfy jurisdictional requirements of New York State
like being a resident of New York for a specified time
or other requirements. You file a complaint which must
be answered by your spouse. If the divorce proceeding
is contested be prepared to prove your allegations or
acquiesce to your spouse's allegations if they are made
against you. Both of you will have to disclose your entire
financial condition. Do not hide, transfer or waste marital
assets. The judge will find out and punish you.
In a contested divorce proceeding everything becomes surreal.
If children are involved, t is the New York State law
which starts looking out for the children's best interests.
The judge will appoint a law guardian when necessary who
will become a lawyer for your child. You do not control
him or her even though you may pay their bills. Be prepared
to spend a lot of money on forensic experts like doctors
if hey become necessary. The courts prefer agreement.
If there is none, and each party accuses the other of
major misdeeds it becomes expensive and traumatic. If
you can, avoid such battle zones. If they are absolutely
necessary, start with the most experienced lawyer who
will be equipped to handle such a battle without getting
unnecessarily scarred. If you have not done this already,
go to the library or a bookstore and read up on how to
deal with the battle scars of a contested divorce proceeding.
Eventually, it all comes to the end called judgment of divorce and dissolution of marriage. You are free to marry again.
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