In New York, one of the topics frequently in a divorce matter is equitable distribution. This is also known as a division of marital property. We have previously discussed this HERE. One type of marital property is a spouse’s retirement or pension that was earned during the marriage. The issue is that most retirement or [read more...]
We always offer free consultations to help people navigate through the complex divorce process and local procedures. During your free consultation, at a minimum, we will discuss the following topics below and how they may apply to your situation. The topics that must be resolved before a Court can Order a divorce are: Grounds: Also [read more...]
Separation Agreement: Under New York law, a married couple can become legally separated if they have both signed a written agreement. A separation agreement typically includes the following topics: child custody, child support, visitation (parenting time), spousal support, language or provisions relating to future assets or debt and plan for living arrangements (such as who lives [read more...]
Mar 182013
What does divorce mean? Divorce is the final, legal ending of a marriage by court order. What legal reasons do I need to get divorced in New York? You must have grounds or legally acceptable reasons to get divorced in New York. Some acceptable grounds in New York include: a) Cruel and Inhuman treatment b) [read more...]
Mar 182013
In an uncontested divorce, my office usually prepares the necessary divorce documents in about 2 business days. Next, the divorce documents are submitted to the appropriate court. The final divorce can take a few weeks to be ordered by a judge. Sometimes it can take a little longer (4-8 weeks) if the court has a [read more...]
Child support is financial support provided by the noncustodial parent. Child support includes: Cash payments (based on the parent’s income and the needs of the child) Health insurance for the child (medical support) Payments for child care Payments for reasonable health care costs that are not covered by health insurance. Under New York State law, [read more...]
Mar 182013
Divorce papers are also referred to as a summons, summons with notice, or a complaint. Depending on the method you received the above-mentioned documents, you may only have 20 days to file an answer with the Court to avoid a default under New York Law. The 1st thing you should do is contact an experienced [read more...]
Whenever people get divorced, it is an emotional and stressful period in their lives. It will likely be one of the lowest points of their lives emotionally. A long and heated court battle over property division can make matters even worse. Although there are exceptions, under New York law each spouse is typically entitled to [read more...]
The fee for a divorce varies and is based on the amount of legal time spent. Also, there are required filing fees with the court. The Underwood Law Firm is realistic that sometimes it can be difficult to come up with extra money to get divorced. Therefore, we proudly offer payment plans** and online credit [read more...]
Spousal Support is defined as payments to the spouse for financial rehabilitation. The terms spousal maintenance, alimony and spousal support and are all the same thing in New York. During a divorce proceeding, temporary spousal maintenance can be directed by the court. Temporary maintenance is only for a temporary time period prior to the divorce [read more...]
