To prove the ground of irretrievable breakdown of the marriage the party seeking the divorce must demonstrate that: (1) the relationship between husband and wife has broken down irretrievably; (2) for a period of at least six months; (3) provided that one spouse states this under oath; and (4) proves that the “economic ...
New York's equitable distribution law specifies that you are entitled to a division of all “marital property” assets that were acquired during the marriage. With few exceptions, marital property generally includes both spouses' income, purchases made with that income, and retirement benefits.
The Matrimonial Clerk's checklist indicates that an Origanal Affirmation of Regularity must be filed along with the other papers. The official Affirmation of Regularity form provided by New York State's Unified Court System indicates that Plaintiff or counsel for Plaintiff must swear to it/sign it.
Affirmation: A statement, signed by an attorney or physician, osteopath or dentist, which is certified to be true under the penalties of perjury and which may, under the law, be served and filed in lieu of an affidavit. See CPLR 2106.
Although you can complete a divorce without your spouse's consent, you must take steps to notify him or her of your intention to divorce. If you cannot locate your spouse, you can still file for divorce, but only after you have taken steps to attempt to locate and serve him or her with the divorce papers.
This affirmation of regularity can be used by the plaintiff in an action for the foreclosure of real property in New York to request that the court appoint a referee to compute the amount due in the action.
Some uncontested divorces are resolved as quickly as six weeks, while others can take six months or more. Since New York does not have a waiting period, a divorce that both parties agree on takes roughly 3 months for the papers to be filed with the court.
Some uncontested divorces are resolved as quickly as six weeks, while others can take six months or more. Since New York does not have a waiting period, a divorce that both parties agree on takes roughly 3 months for the papers to be filed with the court.