Ny Divorce Legal Formula
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FAQ
Is New York a Community Property State? New York is not community property or a ?50/50? state. New York is an equitable distribution state for property and debt. Under NY divorce law for property distribution, the court will decide how to divide property and marital debt using the state's equitable distribution laws.
New York courts must divide the marital property ?equitably.? That means fairly, considering the circumstances of the case and of the parties involved, but it does not necessarily mean ?equally.? There is no statutory requirement of a 50/50 split of marital property.
If you were served with the Summons and Verified Complaint, then you need to file two forms. A "Notice of Appearance and Demand," and an "Answer." Writing an "Answer" is tricky. You may be able to file a letter along with your Notice of Appearance that explains why you need more time to write your Answer.
New York is an equitable distribution state. This means, during a divorce in NY, property division is handled in a way deemed ?most fair? to both sides. This is not the same as a community property state, which divides marital property split 50/50 between spouses.
In a NYC divorce, the wife is entitled to equitable distribution ? with is an allocation of marital assets, and depending on the case she may be entitled to spousal support (commonly called maintenance or alimony), child support, payment for attorney's fees, a share of her husband's pension and retirement accounts, ...