Tag: divorce

Gray Divorce: Getting A Divorce After 50 #refinance #after #divorce


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Gray divorce: Getting a divorce after 50

A common problem

Divorce among baby boomers is, well, booming. According to a study out of Bowling Green State University, in 2008, a quarter of all divorces in the U.S. involved people aged 50-plus, up from one-tenth in 1990.

At that age, there’s a lot at stake. It’s not just about divvying up assets. Particularly for the lesser earner, it’s important to secure the future.

“Almost nobody gets married anticipating divorce,” says Bruce Christensen, a family law attorney with the law firm Richman Greer in Miami. “What may be obvious to everyone else comes as a surprise. But those over 50 are dealing with a whole different mindset. So it does present additional challenges.”

Getting started

“The first thing you need is a crash course in financial planning, especially if you are not the spouse who handles the finances,” says John Hauserman, a Certified Financial Planner professional in Marriottsville, Md. whose book “RetirementQuest” focuses on financial planning for the 50-plus.

Then, he says, close joint accounts, change the beneficiary on all accounts — “and you might want to start monitoring your credit for unauthorized activity.”

“It’s very important for both parties to have a team of qualified professionals,” says Rita Cheng, a Chartered Retirement Planning Counselor with Ameriprise Financial in Bethesda, Md. She suggests an attorney, financial planner, tax adviser and possibly a business evaluation specialist — because, for example, “a self-employed consultant’s income may appear to be lower than it is.”

Who gets what?

Absent a prenup, Christensen says, marital assets include everything acquired during the marriage, regardless of how it is titled, though laws vary slightly from state to state. In most states, exceptions include “anything brought into the marriage or obtained by gift or inheritance — but with investment accounts, if you buy and sell during the marriage, they become intermingled.”

While the furniture may not be worth much, he adds, “Art and collectibles — wine collections, for example — are a different story. It’s a good idea to hire an appraiser.”

Splitting everything 50-50 may sound like the simplest solution, but it’s probably not an equitable one, Cheng warns.

“Fair is not the same as equal,” she says. “You don’t want to be in a situation where you can find yourself destitute.”

Hauserman recommends making these decisions in the broadest possible context. For example, both partners may be emotionally attached to the marital home, but should consider that they may need to sell it anyway.

With so many mortgages upside down these days, Christensen points out, after a sale the bank will want the difference between what you owe on the mortgage and the selling price, unless it’s a short sale. “So it becomes a logistics problem.”

Pensions and retirement funds

One spouse’s individual retirement account or 401(k), Cheng says, can be split equally or unequally via a qualified domestic relations order, or QDRO.

“Some companies permit the plan account to be divided so that the ex-spouse can also maintain an account with the company,” she says. “Otherwise, the defined contribution plan can be transferred to an IRA for the ex-spouse without triggering negative tax implications. “

Public employee pension plans may have different rules, Cheng says. Be sure to ask whether it will allow a QDRO, pay it in a lump sum or allow the nonemployee spouse to receive benefits prior to the employee spouse.

Social Security

The lesser earner of a divorcing couple is entitled to Social Security retirement benefits based on the higher earner’s work record, as long as the marriage lasted at least 10 years. The lesser-earning spouse must be at least age 62 to begin collecting benefits. Even if the higher-earning spouse qualifies for benefits but has not applied for them, a lesser-earning ex-spouse can collect based on the other’s earnings if the couple has been divorced for at least two years.

In fact, if the higher-earning spouse should remarry, the new wife can also draw benefits based on his record without it affecting his Social Security benefits at all. “A lot of people don’t know that if they are divorced and their ex is remarried,” Cheng says, “that does not mean the new wife can’t get Social Security based on his income as well as the former (wife).”

Alimony

“Alimony is the toughest issue to face,” Christensen says. “Permanent alimony is rarely actually permanent. It lasts only until either spouse dies or the spouse receiving the alimony remarries. There’s also a statute in effect in some states that if someone is living with someone else in a supportive relationship or sharing expenses, that can also be taken into account.”

In some states, he says, if the marriage lasted 10 years or fewer, there may be a time limit on how long an ex-spouse can receive alimony.

When a supporting spouse remarries, “he may deliberately reduce his income today so the surviving new wife will get more,” says Linda S. Gross, a certified family law specialist in Santa Monica, Calif. But in some states, she says, that won’t wash; alimony can be based on the total income the supporting spouse has access to — including investment income — not just the total he or she chooses to withdraw.

More controversy can ensue when the supporting spouse retires, says Christensen. “It’s ‘I still need alimony’ versus ‘I am living off my retirement and you are getting your share of my retirement fund,'” he says. “But the money in that fund earned after the divorce is not included, so should the spouse who has the greater benefit have to pay more to the ex-spouse?”

Insurance

A more secure guarantee of support, Gross says, is a life insurance policy. “If the parties purchased life insurance during marriage, even if it is a term policy, it may be given to the supported spouse,” she says, “so that if the supporting spouse dies, the supported spouse gets an insurance payout.”

However, she adds, many people are not comfortable with their ex having a life insurance policy on them after divorce.

If life insurance was not purchased during marriage, Gross says, the supporting spouse may now be uninsurable or have pre-existing conditions that make the cost of obtaining life insurance prohibitively expensive.

Health insurance is another issue to consider. Under COBRA, after a divorce an ex-spouse can continue to receive health insurance coverage for up to 36 months, Cheng says.

But don’t wait for those 36 months to pass to look into replacement health insurance coverage.

“While 50 may be the new 30,” Gross says, “unfortunately, insurance isn’t priced that way. So it’s really important to research your options.”

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Colorado Springs Divorce Lawyers – Local Attorneys & Law Firms in Colorado Springs, CO

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Colorado Springs Divorce Lawyers, Attorneys and Law Firms – Colorado

Facing Divorce or Legal Separation?

You’ve come to the right place. If you are considering an annulment, legal separation, or divorce, a divorce lawyer can help.

Use FindLaw to hire a local divorce lawyer to work with you on issues like community property division, debt allocation, child custody and support, alimony, and tax considerations.

Need an attorney in Colorado Springs, Colorado?

FindLaw’s Lawyer Directory is the largest online directory of attorneys. Browse more than one million listings, covering everything from criminal defense to personal injury to estate planning.

Detailed law firm profiles have information like the firm’s area of law, office location, office hours, and payment options. Attorney profiles include the biography, education and training, and client recommendations of an attorney to help you decide who to hire.

Use the contact form on the profiles to connect with a Colorado Springs, Colorado attorney for legal advice.

How do I choose a lawyer?

Consider the following:
Comfort Level – Are you comfortable telling the lawyer personal information? Does the lawyer seem interested in solving your problem?
Credentials – How long has the lawyer been in practice? Has the lawyer worked on other cases similar to yours?
Cost – How are the lawyer’s fees structured – hourly or flat fee? Can the lawyer estimate the cost of your case?
City – Is the lawyer’s office conveniently located?

Not sure what questions to ask a lawyer?

Here are a few to get you started:

  • How long have you been in practice?
  • How many cases like mine have you handled?
  • How often do you settle cases out of court?
  • What are your fees and costs?
  • What are the next steps?

Want to check lawyer discipline?


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Houston Family Law Lawyers – Local Attorneys & Law Firms in Houston, TX #divorce

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Houston Family Law Lawyers, Attorneys and Law Firms – Texas

Need help with a Family Law matter in Houston?

Houston family lawyers can help with your juvenile law, child custody, or support legal matters. Family law firms in Houston know Texas family law, have experience in navigating the Houston courts, and seek to resolve cohabitation, prenuptial agreements, and other family-related legal matters. Use FindLaw to hire a Houston family lawyer who can help resolve your family legal issues whether you live in Midtown, Sugarland, or elsewhere in Harris County and beyond.

Need an attorney in Houston, Texas?

FindLaw’s Lawyer Directory is the largest online directory of attorneys. Browse more than one million listings, covering everything from criminal defense to personal injury to estate planning.

Detailed law firm profiles have information like the firm’s area of law, office location, office hours, and payment options. Attorney profiles include the biography, education and training, and client recommendations of an attorney to help you decide who to hire.

Use the contact form on the profiles to connect with a Houston, Texas attorney for legal advice.

How do I choose a lawyer?

Consider the following:
Comfort Level – Are you comfortable telling the lawyer personal information? Does the lawyer seem interested in solving your problem?
Credentials – How long has the lawyer been in practice? Has the lawyer worked on other cases similar to yours?
Cost – How are the lawyer’s fees structured – hourly or flat fee? Can the lawyer estimate the cost of your case?
City – Is the lawyer’s office conveniently located?

Not sure what questions to ask a lawyer?

Here are a few to get you started:

  • How long have you been in practice?
  • How many cases like mine have you handled?
  • How often do you settle cases out of court?
  • What are your fees and costs?
  • What are the next steps?

Want to check lawyer discipline?


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Minneapolis Family Law Lawyers – Local Attorneys & Law Firms in Minneapolis, MN, FindLaw,

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Minneapolis Family Law Lawyers, Attorneys and Law Firms – Minnesota

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FindLaw’s Lawyer Directory is the largest online directory of attorneys. Browse more than one million listings, covering everything from criminal defense to personal injury to estate planning.

Detailed law firm profiles have information like the firm’s area of law, office location, office hours, and payment options. Attorney profiles include the biography, education and training, and client recommendations of an attorney to help you decide who to hire.

Use the contact form on the profiles to connect with a Minneapolis, Minnesota attorney for legal advice.

Consider the following:

Comfort Level – Are you comfortable telling the lawyer personal information? Does the lawyer seem interested in solving your problem?

Credentials – How long has the lawyer been in practice? Has the lawyer worked on other cases similar to yours?

Cost – How are the lawyer’s fees structured – hourly or flat fee? Can the lawyer estimate the cost of your case?

City – Is the lawyer’s office conveniently located?

Here are a few to get you started:

  • How long have you been in practice?
  • How many cases like mine have you handled?
  • How often do you settle cases out of court?
  • What are your fees and costs?
  • What are the next steps?

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A guide to free and low cost civil legal information and services in Virginia

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Virginia

Know Your Rights

This program can help you create a document to take to court if you are seeking an uncontested divorce in Virginia. Uncontested means that you have lived separate and apart from your spouse for six months (if you do not have any children under 18) or one year (if you and your spouse have minor children). This separation must be continuous, without interruption and without cohabitation. In an uncontested divorce, you do not have to claim your spouse did something wrong, like adultery or desertion. Content Detail

By: Virginia Poverty Law Center

This short survey will help us serve you better as we continue to improve our interactive programs. Please take a few minutes to let you know what you thought about the online program you just completed. Content Detail

Paternity means fatherhood. Establishing paternity means legally determining the father of a child. Establishing paternity means that the father’s name can be placed on the child’s birth certificate and that he has legal responsibility for the child. Paternity, unless acknowledged by the father, is established by the court. A mother will need to prove paternity if she wants the father to pay child support or if she expects the child to inherit property from the father’s estate. Content Detail

By: Virginia Legal Aid Society

By: Virginia Poverty Law Center

This article describes what a divorce is and what a separation is. It also explains who can file for divorce and what the steps are for getting a divorce in Virginia. Content Detail

By: Virginia Legal Aid Society, Inc.

By: Virginia Legal Aid Society, Inc.

If you have received a Complaint for Divorce, you have 21 days from the date it was served on you in which to file an Answer, or an Answer and Cross-Bill. You do not have to file a response, but in some instances you must file a response in order to preserve your rights. This article describes what you rights are if you have received a Complaint for Divorce. Content Detail

By: Central Virginia Legal Aid Society, Inc.

By: Metropolitan Richmond Women’s Bar Association

By: Central Virginia Legal Aid Society, Inc.

Collaborative law is a new way to resolve family law disputes. Each party has a separate and specially trained attorney. The lawyers’ only job is to help the parties settle the case. If the attorneys do not succeed in helping the clients settle, the attorneys are out of a job. They never can represent either client against the other. Everyone agrees to work together with respect, honesty and good faith. They try to find “win-win” solutions to the reasonable needs of both parties. Content Detail

By: Central Virginia Legal Aid Society, Inc.

This Child Support Calculator is free and has both online and mobile app versions available. Up-to-date with most recent changes to the law. This is available free through the generosity of the Resolution Point LLC in Great Falls, VA. Content Detail

By: Virginia Poverty Law Center

For more information on this topic, click above to go to the Virginia State Bar’s webpage. Content Detail


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Nashville Divorce Attorneys #best #divorce #lawyer,best #divorce #attorney,divorce,divorce #lawyer,contested #divorce,uncontested #divorce,divorce #attorney,divorce #attorneys,divorce #lawyers,child

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Nashville Divorce Attorneys | Tenneessee Divorce Law | Turner Law Offices

Nashville Divorce Lawyers Experienced in Tennessee Divorce Law

Over the past 20 years, Turner Law Offices, P.C. has handled more family law matters in Nashville and the middle Tennessee area than any other small law firm. Our Nashville divorce attorneys are empathetic and caring, and understand the emotions that are involved in family law matters especially divorce. Divorce laws are complex, and our Nashville divorce lawyers know the law when it comes to divorce cases.

Choosing the Right Nashville Divorce Lawyer

The best Nashville divorce lawyers not only understand the law, but they understand human psychology and the emotions and sadness often associated with divorce matters. An experienced divorce attorney will help you maintain your dignity throughout the divorce process. Choose a divorce lawyer with experience in all aspects of divorce such as alimony, property division, child custody and child support. At Turner Law Offices, P.C. our team of divorce lawyers understand the process from start to finish; we will get you the result you deserve!

What is a Divorce?

A divorce is a court proceeding wherein a judge dissolves a marriage. The judge reviews each case, and applies the divorce law to the specific facts of the case. The following areas are reviewed by the judge in a divorce action:

Additionally, there are four (4) basic types of divorce cases:

The divorce process is extremely simple and cost effective for uncontested divorce cases; however, in contested and complex divorce cases, the process can be excruciating and very costly. Tennessee divorce law imposes a mandatory waiting period from the date of filing of a divorce until the parties can be legally divorced: 60 days without children and 90 days with children.

Want more information on Tennessee Divorce Law? See our Tennessee Divorce Frequently Asked Questions (FAQs) page.

Contact a Nashville Divorce Lawyer

Divorce is a very stressful process. Going through a divorce is one of the most difficult things that you will have to do in your life. You deserve a divorce attorney who is intimately familiar with family law matters and who cares about your emotional needs during this trying time. If you are thinking of filing a divorce, or if your spouse has filed or threatened to file a divorce, call us right away so that one of our Nashville divorce lawyers can meet with you right away to begin working on your case and protecting your legal rights. We guarantee a straight-forward approach, answering all your questions in a caring, compassionate manner. Contact us today for your no obligation free initial consultation online. We have flexible payment plans with low down payments. Let our family start helping your family today.

(615) 259-2660


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How Much Will My New York Divorce Cost? #divorce #attorney #new #york


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How Much Will My Divorce Cost in New York?

As a divorce attorney, I field hundreds of different questions, but one question that is asked by every client is how much their divorce action will cost them. Unfortunately, there are so many variables in a divorce that it is difficult to assess all of the fees that you will incur prior to the filing of your action.

Court Fees

Court fees are the same throughout the NY area and do not vary by person. These fees are always paid by the client (or their spouse) unless the party seeking a divorce is deemed a poor person by the courts (you must apply for poor person status prior to filing for your divorce in order to have your fees waived). For all other individuals, New York State charges an Index Number Fee of $210.00 to start the action. In even the simplest divorces, additional fees of $95.00 and 30.00 will be charged by the court to have a Judgment signed (for the Request for Judicial Intervention and Note of Issue papers). As you can see, for a non-poor person to obtain a divorce, court fees will be $335.00 at a minimum.

Additional Divorce Filing Costs

Additional fees of $45.00 are charged for any motions filed, and if you wish to enter into a written Stipulation of Settlement after the action is started, a $35.00 fee is charged. You may not need to file motion or settlement papers (depending on your circumstances).

Your initial divorce papers will need to be served on your spouse. Fees for this service may vary from $100.00 – 200.00 (unless your spouse is avoiding service or cannot be located).

All of the fees listed above are charged by the court or a third-party process server and do not include any attorney fees that you may have.

Divorce Attorney Fees

Your attorney fees will vary based on your circumstances. The attorney / law firm that you speak with may charge anything from 250.00 to 450.00 per hour of work, and in most cases, require a retainer deposit upfront to secure his / her fees and have the attorney / firm formally ‘appear’ in the action. Attorneys who ‘appear’ in actions on behalf of clients cannot simply ‘quit’ or withdraw from your action without court permission (even if you owe them money), so a retainer is security for the lawyer that guarantees that they will be paid (at least the retainer amount) for their services.

Determining Divorce Lawyer Costs

The amount of your retainer is determined by your attorney based upon their view of what your case would require to finish (Will motions be necessary? Will there be numerous court appearances?). Also, if they feel that they are worth more than other attorneys (based on experience, training or their ego) then their hourly fee will generally be higher.

The following items will add some degree of ‘complexity’ to your divorce action (and, in most cases, additional fees if contested by your spouse.)

  • Does your spouse agree to getting divorced? Good. That will generally result in much less required court appearances.
  • Do you and your spouse agree on how to split your property? Agreeing upon property issues also results in less court costs. If you do not agree, you may need to hire accountants, business and/or home appraisers, and experts in order to obtain values on the property owned.
  • Do you and your spouse agree to matters relating to child custody, visitation and support? Once again, agreeing upon these issues generally lowers the cost of your divorce as well.
  • If custody is at issue, the court may believe that it is necessary to appoint a “Lawyer for The Children” (formerly known as a Law Guardian), who meets with your children, reviews the facts and makes suggestions to the court on how custody should be determined. The Attorney for the Children will have to be paid their own retainer amount by the parties themselves.
  • Do you own any significant property? Is there a marital residence or retirement assets? In general, a couple divorcing with no significant property will incur substantially less in fees than a couple with much more property to divide. Once again, services of companies other than lawyers may be necessary here.

What Really Matters when Considering the Cost of a Divorce

While these items are important, the aspect of your divorce that has the strongest bearing on your divorce is YOUR SPOUSE. Your spouse may act in a mature and reasonable manner during your divorce or be completely irrational. The actions of your spouse with regard to your divorce will have the greatest bearing in any divorce, as a non-combative spouse ALWAYS results in fewer costs and will help to minimize your emotional stress.

Judging Whether to Settle with Your Spouse or Seek More

Further, your own finances will also have an effect on the legal fees required in your action. In order to avoid legal costs and fees, some divorcing couples settle their issues for less than what each partner wants. Any good attorney will address the costs of additional legal fees when negotiating a settlement. Many times you will have to choose whether what you are seeking is worth the time and cost (and risk of not getting such relief).

Overall, it is difficult to determine how much your divorce is going to cost simply because you may not be able to determine how your spouse will react to your request for the divorce. I do stick by one rule, however:

If any lawyer promises any result (or total fee) prior to seeing how your spouse reacts to the divorce, then they are most likely not being completely honest and not worth dealing with. There are no crystal balls in the practice of divorce law, only possible scenarios that may (or may not) occur.

  • This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. If you need help with a Divorce Issue please click here to consult with Rory Alarcon or a Divorce Lawyer in your area.

Talk to a Divorce attorney.


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New Jersey Lawyers – Find a New Jersey Lawyer at NJ Lawsite #new #jersey

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If you need to choose a New Jersey lawyer by County, view our County Directory. Simply choose the County you need and you will be taken to the appropriate County Directory of Law Firms, which also states their areas of expertise.

If you prefer choosing an attorney by practice area, then view our Practice Area Directory. Choose the New Jersey law practice area you are interested in and you will be taken a Directory of Law Firms showing all of their contact information and a hyperlink to their website.

If you know the NJ lawyer you are searching for, then click Onsite Search . Our powerful on-site search engine allows you to search by keyword, name, or town.

Read about our New Jersey Lawyers making headline News!

Choose a New Jersey Lawyer by Practice Area:

Would you like an in-depth look at your lawyer before hiring them?
Visit our New Jersey Lawyer Blogs where we interview members on their law practice.

This Month’s Featured Firm

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Disclaimer – New Jersey LawSite and/or AJIS.com make no endorsements as to the professional qualifications of the new jersey lawyers listed in our Directory. We do not assume responsibility for any services provided by our participants. The information contained in our Websites does not constitute legal advice. This information is not intended to create, and does not create an attorney-client relationship. An attorney-client relationship will exist following a consultation and entering into a written agreement.

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How Do I File for Divorce in New York #new #york #divorce #attorney


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How Do I File for Divorce in New York

Obtaining a divorce is an emotional and stressful process. Even if you believe that your divorce will be uncontested, meaning that your spouse will agree to the divorce, there are many issues beyond simply ending the marriage that you have to think about. Consulting with or retaining an attorney is always a smart thing to do. An attorney can make sure that your legal rights are protected and can assist you with any issues that may arise throughout the course of your divorce. The information provided here is only appropriate for you if your divorce is uncontested. If your spouse won’t agree to the divorce, you will most likely need a lawyer.

If you and your spouse agree about getting a divorce, but need some help working out financial or child custody issues, you may want to consider mediation or using collaborative lawyers. Sometimes these processes can make divorce quicker, less stressful, and keep you out of court as compared to hiring conventional divorce lawyers. You can find information about mediation and collaborative law on the New York Courts website .

Preparing and Filing Your Forms

Obtaining a divorce in New York is very complicated and involves filling out and filing many court forms, even if your divorce is uncontested. All of the forms you will need to obtain an uncontested divorce are available on the New York Courts website in the Uncontested Divorce Packet. which also includes instructions.

The first form you will you have to fill out is the Summons With Notice (Form UD-1) or the Summons (Form UD-1a) and Verified Complaint (Form UD-2). The Summons is the form that begins your divorce action in Supreme Court and names you as plaintiff and your spouse as defendant.

The choice between using a Summons With Notice and a Summons and Verified Complaint is just a matter of detail. Both forms will require you to provide extensive information, including the grounds or reason you re seeking a divorce as well as other relief you re seeking, like child custody, child support, division of property, and maintenance (also known as alimony). However, if you file the Summons and Verified Complaint, you have to include more information about you, your spouse, and your children.

Once you choose and fill out the forms, you will need to make two additional copies. Next, bring your completed forms to the county clerk s office to file them. You can file in the county where you or your spouse lives.

The clerk s office will assign your case an Index Number which you or the clerk will need to put on your forms, along with the filing date.

You have to pay $210 to the clerk for the Index Number. However, if you can t pay the fee, tell the Clerk you want to fill out the Poor Person s Waiver forms. If you qualify, you won t have to pay the fees.

Serving Your Forms

You have to serve, or give, your spouse a copy of the summons and complaint (if you filed one) within 120 days of the date you filed. If your spouse lives in New York, anyone other than you who is a resident of New York State and is over 18 years old can serve your spouse. Service must be personal, which means personally handing the papers to your spouse. Your spouse can be served any day of the week except for Sundays. If your spouse lives in another state, you have to follow the rules for service in that state.

If you and your spouse have children together, then you must also serve a copy of the Child Support Standards Chart with the Summons.

You should also include the Affidavit of Defendant (Form UD-7) and instructions on how to fill it out. This is a form for your spouse to fill out, sign, and send back to you within 40 days if your spouse agrees to the divorce.

Your Spouse s Response

If your spouse agrees to the divorce, your spouse will sign and send back the affidavit of defendant form within 40 days. If your spouse won t complete and return the affidavit, then whoever served your spouse with the summons needs to prepare an Affidavit of Service (Form UD-3), which proves that your spouse received copies of the paperwork.

If your spouse does not return the affidavit and you were married in a religious ceremony, then you must fill out the Sworn Statement of Removal of Barriers to Remarriage (Form UD-4) and have someone other than you, over the age of 18, send a copy to your spouse by mail.

If your spouse files a “Notice of Appearance” and disagrees with any part of your divorce papers, then your divorce is no longer uncontested and you should consult an attorney.

Placing Your Case on the Divorce Calendar

If your spouse signed the affidavit of defendant, then you can place your case on the court calendar at anytime. If your spouse did not sign the form, then you have to wait 40 days after serving him with the papers.

The New York Courts website has specific instructions for filling out each of the following forms, all of which are required to place your case on the court calendar:

  • Summons with Notice or Summons and Complaint
  • Affirmation of Regularity (Form UD-5, which requests that your case be put on the calendar)
  • Affidavit of Plaintiff (Form UD-6)
  • three copies of the Note of Issue (Form UD-9)
  • Findings of Fact/Conclusions of Law (Form UD-10)
  • Judgment of Divorce (Form UD-11)
  • Part 130 Certification (Form UD-12)
  • Affidavit of Defendant (Form UD-7, if your spouse signed and returned it to you)
  • Certificate of Dissolution of Marriage
  • Postcard, and
  • USC 111 Divorce and Child Support Summary Form.

If your spouse did not sign and return the affidavit of defendant, then you must also file:

  • Affidavit of Service (Form UD-3), and
  • Sworn Statement of Barriers to Remarriage (Form UD-4).

If you and your spouse have children together, then you also have to file the forms related to child support (Forms UD-8, UD-8a, and UD-8b).

If you are filing in a court other than in one of the five New York City Boroughs, then you must also file the Request for Judicial Intervention (Form UD-13).

Bring all of your completed forms to the county clerk s office to file them. Unless you were granted a waiver based on income, you may have to pay certain filing fees. The clerk will submit all of your papers to the judge. If the judge approves your paperwork, he or she will issue a judgment of divorce.

Financial Disclosures and Other Issues

In order to avoid a trial and have a truly uncontested divorce, you and your spouse should have agreed on a settlement to all issues, including division of property, maintenance (also known as alimony), and child custody and support. Any or all of these issues can be dealt with through mediation or sitting down and coming to an agreement that both you and your spouse consent to.

All agreements are subject to the judge s review. Therefore, even though neither you nor your spouse has to file a financial disclosure statement with the court to obtain a divorce, the judge will still make sure that child support is adequate and division of property is equitable before issuing a judgment. The court provides a Statement of Net Worth to assist you and your spouse in determining financial issues. You can each fill one out and exchange them in order to come to a fully-informed agreement that the judge approve.

If you and your spouse can t agree on custody and child support, you can file a petition in Family Court. The Family Court can issue orders pertaining to child custody and support that can then be incorporated, or included, in your final judgment of divorce.

Even if there are prior court orders or a prior agreement between you and your spouse, the court may still require a hearing on maintenance, custody, visitation, or distribution of property. If a hearing is required, the court will notify you and your spouse to appear.

Resources

To learn more about getting divorced in New York, as well as related legal issues like child custody and property division, see New York Divorce and Family Laws .

For more information, including the Uncontested Divorce Packet, divorce forms, and instructions, see the New York Courts website .

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Greater Boston Business and Tax Law Attorneys #law #firm, #law #office, #legal #advice, #lawyer,

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BOSTON AREA BUSINESS, TAX LAW, ESTATE PLANNING/ELDER LAW, LITIGATION AND REAL ESTATE ATTORNEYS

Orsi, Arone, Rothenberg, Iannuzzi Turner, LLP: The Downtown Law Firm in the Suburbs

At Orsi, Arone, Rothenberg, Iannuzzi, Turner, LLP, we are known for the high levels of experience, knowledge and professionalism with which we serve clients in the Boston area. We offer the same high caliber legal representation of the downtown Boston law firms, but with the convenience and reasonable cost associated with a suburban location.

Respected Advocates

Attorneys at our Needham, Massachusetts, law firm are highly respected advocates who are recognized as leaders in the legal community. Many of our attorneys have spent in excess of 20 years in private practice, with significant experience at large downtown law firms. Each lawyer has earned an excellent reputation and several have lectured, written articles and served as a resource to other attorneys in his or her particular practice areas.

Serving Diverse Legal Needs

Together, we offer a wide array of diverse legal services. These include corporate and business law. real estate. civil litigation. taxation. divorce, estate planning and elder law. Our firm also provides legal planning and counseling to help clients avoid problems by addressing changing circumstances and by anticipating future opportunities. This approach allows us to effectively represent closely held and family-owned businesses, startup companies, financial institutions, real estate developers, corporations and individuals.

Lawyers Who Value Communication

Our firm believes that effective communication between lawyer and client is fundamental to successful representation. We seek to ensure our clients feel comfortable and assured about our legal knowledge and skills, our awareness of their unique needs and our readiness to listen to them, thereby earning the trust to solve their legal problems.

For more information, please contact us regarding your legal concerns. Our Needham, Massachusetts, law firm is available by calling 781-239-8900 to schedule a confidential consultation with an attorney.


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