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There are several ways to move forward with a divorce or separation. In a divorce there must be an “Equitable Distribution” of assets and debts. That doesn’t necessarily mean a 50/50 split, merely that the split will be “equitable.” Any property obtained during the marriage is marital property regardless of who has title, though there are exceptions. The exceptions include, but are not limited to, inherited property, gifts from outside the marriage, or personal injury awards. These items are separate property as is property acquired prior to the marriage or after filing the Summons for Divorce. These separate property assets are not subject to “Equitable Distribution”. It is important that these assets remain “separate” throughout the marriage and are not “co-mingled” with marital assets.
How Long Does it take to Get a Divorce in New York?
Simple, uncontested divorces could take just a few weeks, while a highly contested divorce involving court dates and litigation could take months or even years. For a stronger estimate of how long your divorce could take, it is best to consult a divorce attorney in New York.
WHAT ARE THE GROUNDS FOR GETTING A DIVORCE?
New York is a no-fault divorce state, which means that you don’t need any grounds to file for divorce. The law only requires that your marriage be “irretrievably broken” in order for you to request a dissolution. However, New York divorce laws do still outline certain grounds for divorce – cruelty, abandonment, imprisonment for three or more years, adultery, and living separately for at least one year.
This divorce process starts with filing a summons with notice or filing a summons and complaint with the county clerk’s office. The divorce becomes contested if divorcing spouses cannot agree on issues pertaining to their marital dissolution. Crucial matters to consider when filing a contested divorce include but are not limited to; child custody, child support, child visitation, spousal support, property division and debt division
An uncontested divorce can either be on consent, on default, or by publication. On consent means that your spouse agrees to the divorce action and will sign the required documents. If your uncontested divorce is on default, your spouse is served the divorce papers, but does not provide a written objection to stop the divorce from going forward.
If the divorce is by publication, the court provides you the permission to publish a legal notice. This is for cases where a person does not know the whereabouts of his or her spouse. For an uncontested divorce the parties have to agree on these matters (this is not an exhaustive list); property division, child support, child visitation, debt division, alimony and spousal maintenance, prenuptial and postnuptial agreements.
Please call or text the law firm of Itamar Levy & Associates, PLLC at 347-685-4510 and speak with one of our lawyers regarding your divorce inquiries. It is our goal to ensure that you receive the advice you need to make informed decisions that are in your best interests.
ANNULMENT v SEPARATION
An annulment is a dissolution that treats the marriage as though it never occurred. Some people prefer an annulment to a divorce. Usually, grounds for an annulment include evidence of fraud, misrepresentation, or concealment in the marriage. A majority of annulments take place after a short period of time, and can be much more difficult to prove than a standard divorce. Talk to one of our lawyers to discuss which option will work best for your case.
A married couple can enter into a separation agreement if they are experiencing marital difficulties, but are not yet ready to file for divorce. If a couple believes the marriage is reconcilable, a legal separation would allow them time to live apart and determine how they wish to proceed before making any permanent legal decisions. After one year of legal separation, couples can file for divorce.
Please call or text the law firm of Itamar Levy & Associates, PLLC at 347-685-4510 and speak with one of our lawyers regarding your family law needs. It is our goal to ensure that you receive the advice you need to make informed decisions that are in your best interests.