Divorce Without Alimony In Queens
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The best way to avoid paying alimony in the event of a divorce is to sign a prenuptial or postnuptial agreement. These agreements, once seen as unromantic, now serve as a strategic way to protect individual assets in case of separation or the need to dissolve the marriage.
In New York, if a marriage lasts a long time and a spouse is old, ill or unable to support themselves, permanent alimony may be awarded.
In most cases, if a spouse can work and their former spouse cannot afford to provide spousal support, the court can deny alimony. It is pertinent to note that New York is a no-fault divorce state, meaning both parties could cite fault grounds, however, it will not affect whether a spouse is granted spousal maintenance.
New York allows for both no-fault and fault-based divorces; divorce can be contested or uncontested, and the process can go through litigation or stay out of court. This may cause some to wonder, “Does it matter who files for divorce first in NY?” There is no direct legal benefit to filing first.
New York does not require a separation prior to filing for divorce.
You can also consider contacting the clerk's office at your local family law courthouse, and inquiring as to whether there's been anything filed under your name or his. That would be one sure way to verify whether he has in fact filed for divorce as yet, or not.
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.
Yes, it matters who files first in a divorce. The petitioner gets more time at trial and gets to open and close and that is an important advantage. The rest of your questions are really too complicated for that website here please go in for a consultation.
It does not make any difference who files first. What matters, in a long term marriage such as yours, is making sure that your economic future is protected.
