When Ties Need to be Broken…

When Ties Need to be Broken…

Matrimonial Judgements in New York State

Divorce. We most certainly do not wish to go through such painful event, however, under certain circumstances it is just an inevitable outcome. If you are considering to file for divorce in New York State, you should know certain requirements must be met. First, you must meet the residency requirement.  Second, you must have “grounds” (i.e., a legally acceptable reason to get divorced). Once the proper documentation is filed and a Judge hears your case, a Judgment will be granted.

Like most states, New York has a process which allows for an expedited divorce, more commonly known as “no-fault” or “uncontested” divorce. This type of proceeding allows for two individuals, not only to dissolve their marriage because they mutually agree on ending the romantic relationship, but also both parties are in agreement on how the following will be divided given the breakup: (i) finances; (ii) marital property and assets; (iii) custody and child support (where children are involved); (iv) spousal support (also known as “maintenance” or “alimony”); (v) debt allocation; and (vi) other matters, as applicable.

When one individual is unable to meet the other one and come to an accord over any type of issue, the divorce is a contested one, which is adversarial in nature. This type of proceeding is quite often emotionally painful and costly, in comparison with uncontested divorces, given the challenges on getting two parties, which may be deeply upset, to agree on all items described above. There are myriad reasons for a divorce to become a contested one, including but not limited to: infidelity, physical or mental abuse, abandonment, imprisonment for three (3) or more years, etc. You may also contest a default judgment; in the event that you were not able to respond within the allotted time required by law.

Please note that this blog should be read for informational purposes only. If you have any questions or require additional information, please contact our office.

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