A common topic of controversy in New York divorce proceedings is the division of responsibility by legal fees. In New York, the highest-earning spouse and. In New York, the spouse with the most income and financial resources, also known as the “spouse with money,” generally bears most of this burden. Codified in the New York Domestic Relations Act § 237, the purpose of this payment agreement is to promote equal legal representation for both parties to a divorce, regardless of income.
In other words, it is intended to prevent the wealthy spouse in a divorce proceeding from obtaining a higher result than his partner due solely to financial considerations. By passing this law, the New York State Legislature expressed its desire that both parties to a divorce have the same options and opportunities. The New York Equal Distribution Act recognizes marriage as an economic and social partnership. The law requires a judge to divide property as fairly as possible.
In New York State, the Supreme Court is the only court that handles divorce cases. If your divorce is not contested, and you and your spouse have reached an agreement on all financial and parenting matters, you can use the Court's free Uncontested Divorce Form Package. This means that when pleading fault, you will almost certainly need the costly services of a divorce lawyer from a reputable family law firm. This page provides basic information about divorce and an overview of the divorce process in New York.
New York courts try to encourage spouses to resolve their divorce and accept the terms of their divorce out of court. Because divorce law can be complicated, you should meet with an attorney even if you think your divorce will not be contested. Like any other legal procedure, your divorce requires the skillful guidance of a qualified lawyer who can effectively protect your rights. The first factor affecting the cost of your contested New York divorce is whether you are filing for a no-fault or no-fault divorce.
Contact the Law Offices of Jason Lutzky today to schedule your free initial consultation to discuss your case with an experienced divorce attorney. Depending on how far along you are in your research, you may already have some idea that an uncontested divorce is generally much less costly than a contested divorce. Unlike a divorce that ends a valid marriage, an annulment states that the marriage is not legally valid, and the grounds for annulment are different from those for a divorce. The Supreme Court of the State of New York is the only court that handles divorce cases, and a Supreme Court judge is the only person who can legally grant a divorce.
If you have a divorce case in court, you may hear lawyers and court staff call it a marriage action. Then, you just need to fill out the divorce forms before the court issues you a divorce decree. Maybe your divorce alone won't be contested because your spouse doesn't respond, in which case your divorce will result in a default judgment. Because these and many other technical requirements for the contract to be considered a legal separation agreement, it is difficult to get a divorce through a separation agreement unless you have an attorney.