Queens Divorce Questions: What to Ask Before Filing

Saturday, October 8th, 2016, 8:19 am

Last month, we took a look at some frequently asked questions about divorce in the state of New York. Now, we’re returning to answer some new questions to ensure you’re as prepared as possible if considering a divorce in Queens.

Do I qualify for an annulment?


Unlike a divorce, an annulment treats the marriage like it never legally existed. Unfortunately, an annulment is not as easy to get as a divorce. Here are some of the instances where you may be able to receive an annulment:

  • A previous marriage is still enforced
  • A member of the marriage has not reached the age of consent
  • A member of the marriage was not mentally fit to make the decision to wed
  • A member of the marriage was not physically capable of being married
  • Fraud or force was involved in obtaining the marriage
  • A member of the marriage has an incurable mental illness for five years or more

Will I have to provide maintenance to my spouse? Can I get maintenance from my spouse?


If maintenance will need to be paid will depend on the circumstances of the marriage. If you or your spouse makes significantly more than the other, the individual with the higher income may be required to pay temporary maintenance during the time of divorce.


Keep in mind that this order is only temporary and until the final details of the divorce have been worked out. If you or your spouse will need to pay long-term maintenance will be determined during negotiations or court.


Will I need to go to court?


Not all divorces will go to court. If you and your spouse are able to cooperate and separate your assets, possessions, and properties through meetings with lawyers or even on your own, you may not need to go to court. To avoid going to court, you and your partner will need to work together to come to an agreement that everyone can be happy with.


If you have additional questions about filing for a divorce, contact Queens divorce attorneys at FK Law Group, PC at 800-631-1757. The expert legal team at FK Law Group has been helping individuals in the Queens and New York area file for divorce and prepare prenups for years.

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FK Law Group

80-12 193 street, Hollis, NY 11423

Office: (800) 631-1757