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Divorce Frequently Asked Questions

A divorce is the final or legal ending of a marriage by the court. The person who starts the divorce is known as the plaintiff and the other spouse, the defendant. A professional family law attorney can represent those going through contested or uncontested divorces in New York. They have the necessary experience and resources to help resolve the situation as quickly as possible. Here are some answers to some of the most frequently-asked questions about divorce.

Where do I go to file?

The Supreme Court of the State of New York is the only court that handles divorce cases. A Supreme Court judge is the only person who can grant a divorce legally. You must go to the Supreme Court in the county where you and your spouse live.

What is an annulment?

An annulment says that the marriage wasn’t legally valid. The grounds for annulment is much different than divorce. To get an annulment, you will need to prove bigamy (someone was still married to someone else), adultery, insanity, or lack of mental capacity (to name a few).

How do I start a divorce case?

You have to buy an Index Number at the County Clerk’s office and then file a Summons with Notice. Divorce law can be complicated, so it’s important to hire an experienced family law attorney to represent who understands the legal process ahead.

What legal requirements must I meet to start a divorce?

You must prove that your spouse has lived in New York State for a certain period of time without interruption. Usually this is about one year. You also must have grounds to get divorced whether abandonment, confinement in prison for three or more years, adultery, living separate, cruel and inhuman treatment, or irretrievable breakdown for at least six months.

What is the difference between a contested or uncontested divorce?

An uncontested divorce is when both parties want a divorce and agree on issues related to finances, children, or property after divorce. A contested divorce is when the two parties don’t agree they want a divorce or they disagree on topics related to the divorce.

Call to Schedule a Consultation With a New York Divorce Attorney Today

If you’re going through divorce and need representation from a divorce attorney, our legal team can help. Our legal team at the law offices of Rubinstein & Associates PLLC can assist you in writing a parenting time agreement, a custody rights arrangement and other topics related to your divorce in NY. We serve the areas of Woodmere, Long Island, Lynbrook, Hewlett, Rockville Center, Cedarhurst and surrounding Nassau County communities. To learn more about how we can help you, visit our website at rubesq.com or call us to schedule a consultation at 516-268-7077  and let us help you defend your legal rights.

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    Rubinstein Law Firm

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    • What grounds do I need to file for divorce?
      • New York is a no-fault jurisdiction which means the most commonly cited cause is IRRETRIEVABLE BREAKDOWN IN RELATIONSHIP. So, for example, if your spouse had adultery, it is not really relevant to the actual divorce grounds.
    • Do I file a contested divorce or an uncontested divorce?
      • Uncontested means both parties agree to sign a settlement outside of court and are relatively close in terms of what they want in the terms.
    • How much does the divorce process cost?
      • Uncontested divorces are considerably cheaper, the range is between $1,000-$3,000 depending on complexity. For a contested divorce, it will depend on how willing the spouses are to work together, if so, it can cost as little as $7,000 but if there is excessive fighting the divorce can last years and the sky is the limit.
    • How long before I am officially divorced?
      • Fortunately, NY is not a state that requires a separation period. So as long as you and your spouse have been married for at least 6 months and are an NY resident, you can begin the process immediately. If the divorce is not contested it can be completed in as fast as two months and may take as long as eight months. If the divorce is contested and the parties find it challenging to agree, divorce can go on for many years.

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