Divorce and Family Law FAQs

It depends on whether the divorce is being contested or not. In an uncontested divorce action, you will receive a signed Affidavit of Defendant from your spouse. If you do not receive the Affidavit of Defendant, or another response from your spouse, within 40 days, this may be grounds for a … [Read more...] about My Spouse Was Served And Responded. What Happens Now?

Once served, your spouse has 20 days to respond. Failure to respond means that the court is likely to award your divorce along the lines of the settlement you offer. This is called a Default Divorce, and is sometimes used as a low-cost option for couples who believe they can negotiate the … [Read more...] about What If My Spouse Doesn’t Respond? What Is A Default Divorce?

Once served, your spouse has 20 days to respond. If they don’t respond within that window, they are considered to be in default, and the court can issue a default judgment, effectively agreeing to your settlement terms. Some couples choose the default judgment method as the least expensive … [Read more...] about Once My Spouse Is Served How Long Do They Have To Respond?

New York is an Equitable Distribution state, which means that marital assets (and debts) will be divided fairly by the courts if the parties can’t reach a negotiated settlement on their own. The courts have long held to that standard, and, to your question of cruel and inhuman treatment, the … [Read more...] about If My Husband Subjected Me To Cruel And Inhuman Treatment Throughout Our Marriage, Does That Mean He’s Not Entitled To Things Like Maintenance, Marital Residence, Retirement Benefits?

Yes, New York allows a process known as “publication divorce” for situations where one spouse has, for all intents and purposes, disappeared and the other spouse doesn’t know how to locate him or her. In a publication divorce, you are required to conduct a thorough search of the internet, public … [Read more...] about My Spouse Abandoned Me And I Don’t Know Where He Is. Can I Still Get A Divorce?

It’s very important for you to have a full accounting of the financial assets of your marriage. Especially for couples who’ve been married for many years, think of the marriage as a piece of property you have equity in. If your spouse decided to sell the family car, you’d want your fair … [Read more...] about My Spouse Handled Our Finances, And I Don’t Have That Information. What Do I Do?