Common Questions About Divorce
Below are frequently asked questions about divorce that we receive at Patrick M. Noe, Jr., Attorney at Law:
How do I file for divorce in New York?
To file for divorce in New York, you must meet a few requirements first. Those requirements include:
- The parties were married in the state
- One party is a resident of New York for at least one year
If you meet one or more of these requirements, then you can file a Complaint for Divorce form or petition for dissolution of marriage with the family court in your county. You will also have to serve this complaint to your spouse.
What documents do you have to file with the court to obtain a divorce?
In addition to a verified Complaint for Divorce, there are other documents you must file throughout the divorce process. These generally include:
- A settlement agreement: A divorce settlement agreement is the compilation of all the necessary agreements spouses must reach throughout the process of their divorce. This can include agreements of spousal support, child custody and property division.
- Financial documents: Both you and your spouse must file financial disclosure forms, such as your tax returns. This provides a record of your finances and protects your financial security.
- Notices to insurance companies and creditors: You must officially inform your insurance companies and other creditors that you are getting divorced. This is an important step to avoid future confusion and potential financial consequences.
- A parenting plan: This is generally part of the settlement and custody agreements if you have young children. However, this is an important enough document to highlight. It is essential to craft a parenting plan that corresponds with your custody agreement. The parenting plan includes details about visitation times and parental responsibilities.
How does an uncontested divorce work versus a contested divorce?
In an uncontested divorce, both parties agree to obtain a divorce. They work together with lawyers to reach a fair settlement agreement. The separating spouses oversee property division and determine the amounts of support necessary for their individual situations. The process of this type of divorce is often smooth and less stressful.
Contested divorces can be more complicated. Emotions already run high during a divorce. Disagreements can quickly make one or both spouses hostile. Not many divorces end up in the courtroom, but court might be unavoidable. Contested divorces that end up in court go through the entire court process, including discovery, hearings and trials before the judge.
This depends on your individual situation and the factors of your divorce, including:
- If you and your spouse satisfy the requirements of residency
- Whether your divorce is uncontested or contested
- Each party’s willingness to cooperate and compromise
- How many complex issues you face
- Locating any hidden assets, or complex asset-division matters
Before a divorce can be finalized, both spouses must come to a settlement agreement.
Looking For More Answers? Contact Us Today.
Divorce is not easy and can leave you with a lot of questions. Patrick M. Noe, Jr., Attorney at Law, is available to guide you through the process.