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Motion For Temporary Order Sample For Divorce In Bronx
Category:
State:
Multi-State
County:
Bronx
Control #:
US-000299
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Word;
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FAQ
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.
In Bronx County, NY, the Supreme Court (not the Family Court) is the relevant court to handle divorce cases. The Supreme Court judge is the only one who can grant a divorce. The petitioner (the filing party) has to contact the Supreme Court in the county where either party currently resides.
To speed up your divorce in NY, opt for an uncontested divorce where both parties agree on all issues. Ensuring you meet residency requirements and enlisting an experienced divorce lawyer can also help streamline the process.
If you have no children under 21 and your marriage has been over for 6 months or more, you can use the DIY Uncontested Divorce Program to make your papers. If you have children under 21, use the paper Uncontested Divorce Packet.
Temporary reliefs require a special hearing that provides an impermanent solution based on the circumstances and are typically resolved through settlement negotiations or mediation. When a judge grants a motion for temporary relief, the order will only remain in effect until the formal proceedings are completed.
A motion is a legal action that an attorney takes to get an issue into the courtroom and for a judge to rule on it. When you file the petition for divorce, your attorney could request a motion for temporary child support while waiting.
Proving Marital Abandonment in New York Proving abandonment in New York requires meeting several criteria: Departure Evidence: Demonstrating that the spouse has left. Intention Not to Return: Showing a clear intent to not come back. Duration: Establishing that the abandonment lasted for a year or more.
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.
In order to get a temporary order in place during a divorce proceeding, an official request for that order must be made to the court. Formally, this request is known as a motion, and a motion for a temporary order in divorce will explain what is being requested and why this request is being made.