Divorce proceedings in New York can be a source of contention, particularly when it comes to the division of legal fees. According to the New York Domestic Relations Act § 237, the spouse with the most income and financial resources, also known as the “spouse with money,” is generally responsible for bearing most of this burden. This is to ensure that both parties to a divorce have equal representation and that the wealthier spouse does not gain an advantage due to their financial situation. The New York Equal Distribution Act recognizes marriage as an economic and social partnership, and requires a judge to divide property as fairly as possible. The Supreme Court of the State of New York is the only court that handles divorce cases.
If your divorce is uncontested and you and your spouse have agreed on all financial and parenting matters, you can use the Court's free Uncontested Divorce Form Package. However, if you are pleading fault, you will likely need to hire a divorce lawyer from a reputable family law firm. It is also recommended that you meet with an attorney even if you think your divorce will not be contested, as divorce law can be complicated. New York courts try to encourage spouses to resolve their divorce out of court and accept the terms of their divorce. The cost of your contested New York divorce depends on whether you are filing for a no-fault or no-fault divorce.
Contacting a qualified lawyer who can protect your rights is essential for any legal procedure, including divorce. An uncontested divorce is generally much less costly than a contested one. Annulment is different from divorce in that it states that the marriage was never legally valid in the first place. A Supreme Court judge is the only person who can legally grant a divorce. If you have a divorce case in court, it may be referred to as a marriage action. To obtain a divorce decree, you must fill out the necessary forms.
If your spouse does not respond to your divorce petition, it will result in a default judgment. Separation agreements are difficult to obtain without an attorney due to technical requirements for them to be considered legal.