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Last Updated on: 2nd October 2023, 06:51 pm
As someone who lives in Queens and who is getting ready to go through a divorce, you might be really nervous about what is coming up in your life. After all, in even the best and most amicable of situations, divorce can be a traumatic experience that can change just about every aspect of your life. Knowing ahead of time what to expect and working with a good, experienced attorney who is accustomed to handling cases in Queens, New York can help you ensure that things go as well as possible during this difficult time for you, your spouse and the rest of your family.
How are Divorce Cases the Same from Borough to Borough?
First of all, you could be wondering about how divorces go in general in and around New York City. The statutes that are put in place in regards to divorce and family law are the same in every borough and all throughout the state of New York.
Just as in any other part of New York, if you are going to be getting a divorce in Queens, you are going to have to go through the New York Supreme Court. Additionally, if any problems arise after your divorce, you will also need to go through the New York Supreme Court. Just as for any other New Yorker, you do have a right to have your case heard by a Supreme Court justice, which is a judge who is elected to the position. However, in some cases, cases are heard by Judicial Hearing Officer if both parties consent to this rather than waiting to have their case heard by a justice.
If you are going through a divorce or are in the midst of getting a legal separation, these matters will go through the Supreme Court. For example, if you are getting a divorce, then your divorce papers will need to be filed at the Supreme Court. Later on, if changes are required — such as if you want to request a child support or alimony modification — then these changes will be filed through the Supreme Court as well. All of these things are done in pretty much the exact same manner throughout all of the jurisdictions throughout New York State.
How are Divorces Different in Queens, New York?
As you read above, a lot of things are handled similarly throughout New York State. However, some things are a bit different for those who are filing for divorce or going through other family law matters in Queens. For example, even though everyone who is getting a divorce will go through the New York Supreme Court, there are various Supreme Courts scattered around the state. For example, if your case is being handled in Queens, then you will need to file with the Supreme Court that is located in Queens.
Another thing that you should know is that the court system is often very busy in Queens. Even though the courts do work hard to be as efficient as possible in handling people’s family law and divorce cases, the truth is that it can actually take years before everything is finalized.
How to Ensure the Best Results from Your Divorce in Queens, New York
You probably want to ensure that everything goes as well in this difficult situation. There are a few things that you can do if you would like to make the divorce process better and easier in Queens. Asking to handle your divorce in another venue rather than in bustling Queens is an idea, or you can consider going through divorce mediation or a collaborative divorce instead, which can be a much faster and more comfortable solution. You can also sometimes have your case expedited, although this can be hit or miss depending on the reasons why you want to have your case expedited and how backed up the court system is. If you talk to a good lawyer who is experienced in handling family law court cases in Queens, you can get advice about what will work best for your divorce and situation.
If you live in Queens, knowing a little more about how your divorce case is probably going to go is important. If you hire a lawyer who is experienced in handling divorce cases in Queens, you can get one-on-one attention so that you can learn a little more about what to expect from your divorce in your particular borough and about general divorce law that applies throughout the state of New York. If you schedule an appointment now, you should be able to meet with a qualified attorney for a free consultation. Then, you can get started in taking the right steps toward getting your divorce.
The day you exchanged vows with your spouse, you never assumed you’d one day decide you no longer want to be married to him or her. You very likely made the decision to get married because you were in love, you envisioned a future with someone, and you wanted to spend the rest of your life with this person. Unfortunately, not every marriage lasts forever. There are times when people in Queens decide their marriage is not going to work, and they make the decision to end their marriage through a process called divorce.
What is a divorce?
Divorce is not ideal, but it’s commonly done in Queens. It is the act of ending your marriage because you no longer want to be involved in a relationship with your spouse. You can divorce your spouse for any reason, but you should know your reason must fall into a specific category as outlined by New York laws. You can divorce him because he’s mean, because you grew throughout the years and he did not, or because you realized he simply wasn’t the person you thought.
– Financial stress
– Parental stress
– Work stress
These are some of the most common reasons people decide they don’t want to stay married to their spouse anymore. Some couples are able to work through their issues and make their marriages stronger than they were before, and others can’t seem to work through things once it’s gone too far. New York laws allow you to get divorced under certain circumstances, and any of the above reasons can be placed easily into one of the following categories.
– Imprisonment of three years or more
– Separation of more than one year
– Abandonment of more than one year
– Irreconcilable differences
– Cruel and inhuman treatment
The most common citation when divorce papers are filed is irreconcilable differences. If you do plan on filing with this reason in mind, you must be able to prove that you spent at least six months trying and failing to work through your differences.
Why should I hire an attorney to help me in this process?
The reason to hire an attorney is simple. You are going through a difficult time in your life, and you want someone who is familiar with the law and how it works on your side. The process of getting divorced can be as easy or as complicated as you make it, and an attorney can ease some of the complication. When you hire an attorney, you stand a better shot at getting what you want and handling things by the book.
If your spouse decides he or she wants to contest the terms of the divorce decree, it can cause the divorce process to go on much longer than it needs to. An attorney can help make the process go by a little faster by working to prove any inconsistencies in your spouse’s financials, proving any abuse or mistreatment, or even getting mediation to work more effectively.
The wording in your divorce agreement is also important, and an attorney can ensure it’s not being presented to you in a way that makes you feel you’re getting what you want when you’re not. An attorney can help you fight for what you want just as easily as he or she can help protect you from your spouse and/or his or her attorney. This is a process that can sometimes become very ugly, and an attorney can help alleviate some of that stress.
Can I file for a divorce even if he doesn't consent?
Uncontested Divorce An uncontested divorce could also be called an amicable divorce. Uncontested means, first of all, that both parties agree to divorce. It also means that both parties agree on everything: child custody, child support, spousal maintenance (AKA alimony), and division of all assets. There is nothing that is not agreed upon. The judge does not have to decide anything in an uncontested divorce. The judge simply grants the divorce, and the former spouses go their separate ways. Uncontested divorces are also the quickest divorces, most of the time. Since everything is agreed upon, and there is nothing to argue over or mediate, there’s nothing to delay the proceedings. Contested Divorce A contested divorce is any divorce that isn’t an uncontested one. It doesn’t necessarily mean that you and your husband are actively fighting over anything; it can simply mean that there is at least one issue that you are not in agreement on. If your husband hasn’t consented to a divorce, you can still file, but it would be a contested divorce. This means you will need to serve him, and he will need to respond to your petition for divorce. It also means that he will, most likely, argue over things such as child custody, child support, and spousal maintenance. This does not mean that you will not be granted your divorce. However, contested divorces generally take longer because of the issues that need to be worked out. Once you file and serve him, he has 20-30 days (depending on how he was served) to file his answer. Then the case will be put on the court’s calendar and there will be court conferences to try to find agreements on the issues. There may be mediation, and ultimately, the judge may enter a decision on matters that cannot be agreed on. An uncontested divorce is easier and faster than a contested one, but either one can ultimately lead to the same result: your marriage will be dissolved. It’s important, however, to make sure that you meet all the legal requirements before your file, so that you don’t drag out the case any longer than it absolutely has to be. It’s also important to make sure that you don’t put yourself in a position where you come out with the short end of the stick, so to speak. A lawyer is a worthwhile expense in any contested divorce. A lawyer can help you ensure that your contested divorce isn’t harder than it needs to be. They’ll ensure that you meet all the legal requirements to file, that you properly serve your husband, and that you get the fairest outcome possible in a contested divorce. A lawyer will ensure the assets and debts are equitably distributed, custody and child support are fair, and the divorce is complete as quickly as possible. If your husband hasn’t consented to the divorce, it’s even more important that you hire a lawyer to help you through the process.
Can You Get Financial Support Before Your Divorce Is Over?
If you are going through a divorce, you are entitled to certain rights that can only be enforced by the court.
If you have filed for divorce, you can petition the court to pass specific orders to protect your interests. One of these orders is for your spouse to support you financially before your divorce is finalized. Here are some of the basics of a temporary support order.
What is Temporary Support?
Temporary support is a kind of maintenance or alimony paid to one spouse by the other during divorce proceedings. It is also known as a pendente lite financial support. This means that the order is only valid until your divorce is finalized. A court usually awards the lower earning spouse enough support to cater for their basic needs pending the conclusion of divorce proceedings. Temporary support enables a spouse to keep up with their marital standard of living even after going through a separation.
Specifically, you are required to file a written petition or motion to the court explaining why you deserve temporary support. You should also produce evidence supporting your request. This includes bank records, pay stubs, rent payments, credit card bills, medical bills, and student loan balances. All these documents will help the court match your expenses against your income.
How Is Temporary Spousal Support Awarded?
The rules on whether you qualify for temporary support vary depending on where you reside. In many states, a judge will review the following factors before deciding whether to award temporary support:
- The financial condition of each spouse
- The requesting spouse’s need for support
- The financing spouse’s ability to meet the costs for support
- The age and health status of both spouses
- The employability and job experience of each spouse
- Each spouse’s work potential
- Each spouse’s share of blame for the divorce
Among all these factors, the court will mainly focus on the requesting spouse’s financial needs and the other spouse’s ability to pay for these needs.
Will Temporary Support Become Permanent?
Temporary support ends the moment your divorce is concluded. There are no guarantees that you will be entitled to alimony after you are divorced. The factors for deciding whether you will receive alimony are completely different from those used to determine temporary support. Typically temporary support is meant to help financially needy spouses prepare for the financial effects of being divorced. Permanent support is mostly awarded when there is a great difference in wealth between the spouses, when one of the spouses is unable to work or is disabled, or when the divorced parties were married for a long term.
Factors to Consider Before Seeking Financial Support
There is no guarantee that you will get financial support before your divorce is finalized. However, to increase your chances of receiving temporary support, you need to ensure that:
- There is a significant difference between your income and your spouse’s income
- You were not to blame or had little influence on the decision to get a divorce
- Your spouse is in a financial position to meet your needs
Apart from ensuring these conditions are met, you need a seasoned lawyer by your side to build a strong case for you to not only receive temporary support but also for you to receive alimony after the divorce is concluded.
The Take Away
Many spouses find themselves in a financial dilemma when they file for a divorce. It may not be easy for you to maintain your former lifestyle after a separation. However, one of the measures you can take to reclaim your former lifestyle is petitioning the court for a temporary support order.