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New York Divorce Lawyer Procedures for
Filing a Divorce
Basic facts about a divorce in New York.
Basic Facts:
Divorce
Divorces are either contested or uncontested. An uncontested divorce requires
no Court appearance, it is done "on papers." The time required depends on
several factors, including 1) whether the spouse agrees and 2) which Judge
the case is assigned to. If the spouse agrees, it saves six weeks. If the
parties have property to be divided, they may enter into a Stipulation,
which is an agreement regarding the division of property and the custody,
support and visitation of children.
Separation
A married couple can become legally separated by a Court Order or by agreement.
Almost all legal separations are by agreement. A Separation Agreement provides
for the division of marital property, custody, support and visitation
of children and the rights and responsibilities of the parties. Such
agreements usually also cut off the rights of inheritance between spouses.
The attorney fee for a Separation Agreement varies according to the
complexity of the agreement, which determines the amount of work involved.
Annulment
The legal effect of an annulment is to void the marriage from the beginning,
so that the parties were never married. Most annulments are on the grounds
relating to fraud; that is, prior to the marriage, the Defendant said something
to the Plaintiff which was untrue, and which the Plaintiff believed and
which was essential to the marriage. "Green card fraud" is a common basis
for an annulment. The fee for an annulment is higher than for a divorce
because there is more work involved. The time it takes is the same as for
a divorce.
Procedure in Uncontested cases
At the first interview, the attorney will gather the facts needed to prepare
the papers. This includes your name and address, your spouse's name and
address, your date of birth, your spouse's date of birth, the date and place
of the marriage (County and State), the names and dates of birth of the
children, if any, and everyone's Social Security numbers.
If there are children of the marriage, the incomes of both parties must
be stated, because the Judge is required to make a child support order.
The attorney prepares the papers, purchases an Index Number for $170 from
the County Clerk, and gives you a paper for your spouse to sign, agreeing
to the divorce.
You can get a divorce without your spouse's signature but it is more
complicated and time consuming. Then you sign papers and the attorney pays
the County Clerk $100 for a Calendar Number and places the case on the Court
Calendar for the Judge to sign.
You are divorced when the Judge signs the divorce judgment but it
takes a few weeks thereafter to get a copy because the papers must go to
three more offices before the permanent file is placed in the File Clerk's
office. All matrimonial files in New York are confidential. New
York County gets about 15,000 to 30,000 cases per year.
This letter should not be construed as legal advice or opinion on any specific
facts. It is intended as general information only.
Jonathan C. Teller, Attorney
at Law
39 West 32 Street,
Suite 1603
Suite 2103
New York, NY 10001
212-268-4848
info@teller-law.com
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