Search results for "DIVORCE"

If you have been served with divorce papers but you do not want a divorce, or you do not agree with the terms, you can “contest” the divorce.

How is divorce different from legal separation?

Legal separation is when:

• you stop living with your spouse and 
• you have a voluntary, written separation agreement. 

Legal separation is more than just moving out of the home. If you want to legally separate, you need the separation agreement. You might legally separate because you are not ready for a divorce, you need your spouse’s health insurance, or other reasons.

Legal separation does not end your marriage. Divorce ends your marriage.

An uncontested divorce is where your spouse agrees to the divorce and all the "terms." The terms may include how you will divide the property, spousal support, and taking care of the children.

To file for divorce in New York State you must: 

If your spouse files for divorce, they have to send ("serve") you papers called "Summons With Notice" or "Summons” and “Verified Complaint."  Then you have 20 days to consent to or contest the divorce. Review the papers now and get legal help if you do not understand.  

A contested divorce is when

• one spouse does not want to get divorced or
• one or both spouses do not agree on the terms of the divorce.

For example, you might not agree on child custody and visitation, child support, spousal support, or property division. In a contested divorce, the court (or judge) will have conferences to try to get you both to agree on at least some issues. Otherwise, the court will decide for you, after a hearing or trial. 

When you or your spouse file for legal separation or divorce:

• you can agree on how to divide your property; OR
• the court will divide your property for you. The court might not divide the property evenly (50% for you and 50% for your spouse), although that often happens.

There are two kinds of property in a divorce:

1. Marital Property

Marital property is property or money you got during the marriage but before:

If you’re getting Social Security retirement benefits, some members of your family may also qualify to receive benefits on your record. If they qualify, your ex-spouse, spouse, or child may receive a monthly payment of up to one-half of your retirement benefit amount. These Social Security payments to family members will not decrease the amount of your retirement benefit.

If you have a divorced spouse who qualifies for benefits, it will not affect the amount of benefits you or your family may receive.

Former military spouses can get enforcement help with court-ordered current alimony, current child support and child support arrears. A former spouse can also use an "income withholding order" for current and overdue child support and alimony.

In a divorce proceeding, federal law allows State courts to divide military retired pay as a "marital asset" or as "community property." And in some cases, the Department of Defense can make direct payments to a former spouse from the member’s retired pay.

New York requires personal service for divorce cases. Personal service is in-person delivery of legal documents to the person you are sueing.

When you file your court papers with your County Clerk, bring 2 extra copies for the clerk to stamp with the date of entry. Keep one copy for your own records, and use the other copy to serve your spouse. Ask the clerk if you still need a notary to sign the Affidavit of Service (see step 5, below). 

You must decide custody, visitation, and child support before a judge will finalize the divorce. This applies to all children born or adopted by both you and your spouse before or during the marriage.

Child custody means responsibility for important decisions (medical, education, religious, activities) and physical care for the child (who has the child during the week/weekend). 

Child visitation is for the parent who does not have custody of the child to visit and spend time with the child.