When you’re ready to end your marriage in Jamaica, NY, you may be confused about the steps in the legal process and concerned about child custody, property division, and other related issues. Consulting with an experienced divorce attorney allows you to protect your best interests as you navigate the challenges of divorce.
5 Tips From a Divorce Attorney in Jamaica, NY
Review the Available Grounds for Divorce
The state has established several grounds for divorce. Many couples file for a no-fault divorce, which means you’ve had an irrevocable breakdown of the marriage relationship for at least six months. You can also file for divorce based on separate living arrangements, adultery, abandonment for at least a year, abusive treatment, or incarceration of one spouse for three or more years.
Discuss Financial Matters
New York treats assets and debts acquired by either person during the marriage as marital property. You must divide marital property fairly, but not necessarily equally. Both spouses can maintain separate property, including assets acquired before the marriage and inheritances or gifts given specifically to just one person.
If you have children younger than 18, the state uses a formula to determine child support. In addition, some people may qualify for spousal support in a divorce. These payments help one partner become financially independent when the other has a higher income.
Negotiate a Parenting Plan
If you and your spouse share children younger than 18, you also need to agree on how to parent them together. If you agree on a custody arrangement that benefits the entire family, you can submit this agreement to the court for approval. If you don’t agree, the judge will make a custody decision that supports the best interests of the child. They consider factors such as age, physical and mental health, geography, and relationship with extended family members.
Decide on a Contested or Uncontested Divorce
You can file for an uncontested divorce when you and your spouse agree on child custody, spousal support, and personal property division. To go this route, you must live separately for at least a year before you file for divorce. The judge will review the agreement and ensure the terms treat both people fairly.
If you disagree on any aspects of your separation, you’ll need to file a contested divorce petition. In this case, the court will make a decision on contentious issues based on evidence each spouse submits for review.
File the Necessary Paperwork
If you’ve lived in New York for at least a year, you’ll file for divorce with the state Supreme Court in the county where you live. First, you visit the county clerk’s office to buy an index number: a unique ID that identifies your case. Then you can file a Summons With Notice with the county clerk. You must arrange for a third party who is 18 or older to serve your spouse by delivering the court paperwork.
Guidance from someone who knows what to expect can take some of the stress out of the divorce process. Schedule a consultation with Claudio & Associates, Attorneys at Law in Queens, NY today to begin the next phase of your life.
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