Queens Divorce Law FAQMonday, April 27th, 2015, 1:36 am
Couples residing in Queens, NY often have many questions when it comes to their decision to divorce. The questions below are some of the most common.
On what grounds can I file for divorce in Queens, in New York State? The following are grounds on which an individual can file for divorce and the requirements for each:
• Adultery: To file on the grounds of adultery, you must hold evidence from a third party.
• Abandonment: Abandonment can be filed if either individual has left the marital residence, or has refused to have sex with their partner, for at least a year.
• Imprisonment: It is considered grounds for divorce if your partner is imprisoned for at least three consecutive years.
• Cruel and Inhuman Treatment: Cruel and Inhuman Treatment occurs when the individual seeking a divorce does not feel safe to live with their spouse.
If you and your spouse have been living apart for over a year under a separation agreement or a judgment of separation, you may file on a “no-fault” ground.
How much will a divorce cost?
Depending on the issues that need to be resolved and the manner in which you select to pursue the divorce, fees will range. If you and your spouse can settle outside of a courtroom, fees will be much smaller.
What main issues need to be resolved before we can be divorced or receive a Separation Agreement? Before a Separation Agreement or divorce can be granted, the following must be resolved:
• Appropriate assets and debts must be divided
• Custody and visitation of any children must be established
• Child support or spousal support must be determined
What is a Separation Agreement?
A Separation Agreement is a document stating that the couple has decided to live apart, and outlining the responsibilities of each party. The document is created amongst the couple and their lawyers until an arrangement is agreed upon. One year after the finalization of the agreement, either individual can file for a “no-fault” divorce.
What is an annulment?
A marriage annulment essentially allows the marriage to appear as if it never happened, but much more complicated than a standard divorce. An annulment is granted most often when it can be proven there were fraud or misrepresentation, or even concealment.
Still need more information? Contact the qualified divorce attorneys of Queens-based FK Law Group at (800) 631-1757 or fill out this short contact form.
Category: Divorce Law