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New York
Divorce Questionnaire

New York Divorce Questionnaire

Category:

Family Law - Divorce - Questionnaires

State:

Multi-State

Control #:

US-Q1011

Format:

Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a divorce matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.

This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.

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FAQ

What to Do If Your Spouse Wants a Divorce Act as though you will move forward with confidence. ... Allow your spouse to come to you with questions or concerns. ... Be your best self. ... Behave respectfully toward your spouse. ... Don't engage in arguments. ... Get help. ... Give your spouse some space. ... Keep busy.

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, ...

If all else fails, you may be able get divorced without your spouse's consent by applying for a dispensed service. A dispensed service means that the court will allow you to proceed with your divorce, despite your spouse's lack of consent.

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.

As you can see, a divorce becomes uncontested once the defendant signs the Affidavit of Defendant or does not respond to the Summons with Notice or the Summons and Complaint altogether. That said, if your spouse refuses to sign the Summons, then you can still get divorced without their signature in New York.

Still, the court cannot force you to go through with a divorce. If both spouses agree to put the divorce on hold and they are not wasting the court's time with useless appearances, divorce negotiations can be paused for as long as the couple wants.

When the defendant (meaning the non-filing spouse) refuses to sign divorce papers, the court has no choice but to take only the desires of the petitioner (or filing spouse) into account. This legal mechanism is known as a default divorce.

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