Experienced New York Divorce Attorney provides answers to the most frequently asked questions.
HOW LONG WILL IT TAKE TO BE DIVORCED?
This is the number one question that I am asked. Once my office has received your information and payment, I immediately begin your divorce. I prepare the documents and make all of my submissions promptly. However, there are other matters beyond my control which help to determine the length of time it will take before you receive your divorce decree:
The length of time it takes for the County Clerk to issue an Index Number
The amount of time it takes for your spouse to sign and return the documents I serve
The time it takes for the County Clerk to process the RJI Request and Note of Issue
The amount of time it takes for the Court to sign the Judgment of Divorce
HOW DO I BEGIN A NEW YORK DIVORCE?
Please review the different options that our firm offers:
Property Agreement and Divorce
Divorce without an Agreement
Property and Separation Agreement only
Once you choose which divorce service you want, you will be automatically directed to a set of forms that you will be required to complete. You will also pay for your legal services on the website.
When the firm has received all the necessary information and payment, one of our New York Divorce Attorneys will begin the process of divorce. First, under the New York State Divorce Law, we must have your spouse properly served with the divorce summons along with a document for him or her to sign which allows you to go forward with the divorce without any waiting period.
Next, we will prepare all the other paperwork that we must be submitted. Some of these documents will require your signature. We will to you any documents that require your signature. Once you have returned any documents that have required you signature, we submit all of the necessary documents to the Court, including a Judgement of Divorce that a Judge will sign. Once a Judge has signed the Judgment of Divorce, we will send you a certified copy of your New York Divorce Decree.
DO I NEED GROUNDS FOR A DIVORCE?
You no longer need grounds in New York State for a divorce. New York now allows No Fault Divorces. You only have to allege an irretrievable breakdown in relationship for at least six months. However, you can still allege grounds for a divorce is you choose. The grounds for divorce this office use are as follows:
1. Cruel and Inhumane - This is the most common ground used for a divorce. It can encompass all other grounds for a divorce, including adultery.
2. Abandonment - This is used if your spouse has left the marital residence and has refused to return for a period of one year.
WHAT IS A SEPARATION AGREEMENT?
A Separation and Property Agreement specifies the terms of your separation or divorce. For example an Agreement usually addresses the following issues:
Custody and Visitation of the minor children
Support of the minor children
Division of Marital Property (both real property and monetary assets)
Division of Marital Debt
Determination of Separate Property and Marital Property
Pension or Retirement Rights
Such an Agreement may be used if you and your spouse simply want to separate and are not prepared to actually divorce, or it may be used as the basis for a divorce agreement.
IF WE SIGN A PROPERTY AND SEPARATION AGREEMENT, DO WE HAVE TO WAIT ONE YEAR BEFORE WE DIVORCE?
No, you do not have to wait one year before filing for a divorce. Nor do you have to actually separate if you plan to file for a divorce immediately.
Most people seeking a divorce will obtain a Property and Separation Agreement and then immediately file for a divorce. The Agreement becomes the actual divorce settlement.
You can also have a Property and Separation Agreement to later use as a Conversion Divorce. (See below).
WHAT IS A CONVERSION DIVORCE?
A Conversion Divorce is used when you and your spouse execute a formal Separation and Property Agreement and both parties have complied with the terms of the Agreement and you have lived apart for a period of one year. You may then use this Agreement as the basis for your divorce settlement by converting it into a divorce without the necessity of claiming “grounds” for the divorce.
You will recieve prompt, professional and efficient service from our New York Divorce Attorneys
Now you can purchase a Separation Agreement Form
The Separation Agreements are drafted by a New York Attorney and comply with all the New York State requirements.
To Speak To A New York Divorce Attorney
I have over 20 years experience in Divorce & Matrimonial Law and Family Law
Becky Caruso, Esq., New York Divorce Attorney provides Uncontested Divorces, Legal Separations & Prenuptial Agreements throughout New York State including (but not limited to) the cities of Buffalo, Albany, Rochester and Syracuse, New York.
Additionally, I maintain a local practice in Binghamton, New York and the surrounding areas of Endicott, Johnson City, Vestal, New York and Owego, including Broome, Tioga, Chenango, Chemung, Cortland and Delaware Counties.Becky Caruso, Attorney At Law - Practice Areas
To learn more about my practice in Binghamton, New York, click on the following link:
Becky Caruso, Attorney At Law - Divorce
NEW YORK DIVORCE LAWYER
DIVORCE AND AGREEMENT
DIVORCE WITHOUT AGREEMENT
OTHER LEGAL SERVICES
Becky L. Caruso, Attorney At Law
142 Front Street
Binghamton, New York 13905
PO Box 126
Kirkwood, New York 13795-0126