What is an contested divorce?
When husband and wife disagree about financial issues and/or what happens with their children (if any) after the divorce has been finalized.
What does marital property include?
All property that you and your spouse acquired between the date you got married and the date your divorce case starts.
- Bank Accounts
- Educational Degrees
How does separate property (property that can’t be divided) turn into marital property?
When your spouse puts money and work into improving your separate property.
Do I have to have ground (a reason) in order to get a divorce in NYS?
Yes. Must have legal reasons for getting a divorce.
- Irretrievable breakdown of the relationship “no fault” (unable to fix the relationship)
- Cruel and inhumane treatment
- Not living together with a legal separation agreement
What is irretrievable breakdown?
You state in your divorce papers that the relationship between you and your spouse has been broken for at least six months and can’t be fixed. [Grounds in this case would be “no fault” ]
What is inhumane treatment?
Your spouse treats you in a way that is unsafe or improper that makes it so that you can’t continue living with him/her.
- Physical Abuse
- Mental Abuse
- Sexual Abuse
- Threats of any of the above listed to you or your child or family member or friend
- Verbal Abuse
- Economic Abuse
What is abandonment?
- When your spouse has left you for good. You must prove:
- Your spouse walked out on you, planning not to come back
- Your spouse has been gone for at least one continuous year
- You did not agree that your spouse should leave you
Why is it important to get a lawyer for my contested divorce?
There is a lot of information, which is based on a number of forms, that needs to be provided to the Court.
What are the events that occur throughout my contested divorce and when do they occur?
The timeline for a contested divorce in NYS is available by following the link to www.NYCourts.gov website.
What is a statement of net worth?
A document which contains all of the financial assets and liabilities of an individual.
Approximately how much money will my contested divorce cost?
- A minimum of $335 in filing fees to get an uncontested divorce.
- To start your case there is $210 fee, at which point you get an index number which identifies the court case.
- When the case gets to the judge for a final decision either spouse pays a $125 fee.
- If the case is contested, there are more court fees; Motion fees of $45 per motion, & to discontinue a case or file a settlement a $35 fee.
What if my kids are under 18 and there is no Family Court order giving custody to my spouse or me and we do not agree on which of us should have custody?
If this is the case, the judge will have to decide which parent will get custody as part of the divorce case.
How can I stay in my home and get my spouse to leave?
Ask the judge to give you “exclusive occupancy of the marital residence.” The judge is likely to give exclusive occupancy to the party that needs it most.
Where can I find the forms that I may need for my divorce?
You can go to the www.NYCourts.gov website for all of the forms that you require.