Before a divorce is granted in New York, you need to be able to prove that you and your spouse have lived in the state for a specific period, generally at least one year. You also need to have valid grounds to file for divorce. Valid grounds could be anything from adultery to abandonment by one’s spouse.
There are two broad categories of divorce, uncontested and contested. In an uncontested divorce, both the spouses agree to get a separation, and both of you agree on how you should split your assets and liabilities, including who gets to spend more time with the children. In an uncontested divorce, you are entitled to use the free Uncontested Divorce Forms Packet that can be retrieved from the court.
If you are having trouble coming to an agreement, you should contact a divorce attorney in Queens, New York to help you with divorce mediation so it is easier for both of you to come to a final decision of how you will split all your property.
A contested divorce is quite different than an uncontested one. A contested divorce takes place when one of the spouses does not want to get a divorce, when there are disagreements to the grounds for divorce, and when there are serious disagreements on the divisions of the assets and the liabilities.
When it comes to contested divorce, it becomes even more important that a person does everything in their power to make sure they have all their legal rights taken care of. An attorney who specializes in dealing with family and divorce cases can help a person with the entire process and can assist a person in fighting for their rights.
Where do I go to get a divorce in Queens, New York?
To get a legal divorce, you must go to the Supreme Court of the State of New York. You need to go to the Supreme Court in the county you reside in for the case to go through and be legally accepted. Though the family court will not be able to grant you a divorce, you can still turn to it to get help with child support and child custody related concerns.
Your case may be eligible to count as an annulment of marriage as opposed to a divorce if any of the following conditions apply:
- One spouse was married by force or through fraud
- One spouse was already married
- One spouse was incurably unable to have sexual intercourse
- One spouse becomes incurably insane for a period of 5 years or more
If you decide you want to apply for an annulment, you should call a lawyer as there are no forms given by the court for self-application in such cases.
Get in touch with a divorce lawyer today at the Law Office of Charles Zolot today to begin your legal separation process.
You can reach us at:
37-06 82nd Street
Jackson Heights, NY 11372
Phone (718) 779-6545
Fax (718) 779-6640