Divorce and Family Law FAQs

No, the judge in your case has no authority to disregard your spouse’s divorce action and order you into marriage counseling. Your spouse can divorce you with or without your consent, and with or without your participation. If you’ve been served with divorce papers but aren’t sure you’re … [Read more...] about Can I Ask The Judge To Order Us Into Counseling Instead Of Starting With My Spouse’s Divorce Proceedings In Queens?

It isn’t really advisable to try to change the grounds of your divorce once it’s filed in Queens. Most likely, you’ve filed under New York’s no-fault grounds, Irretrievable Breakdown, which is the fastest and most cost effective way to get divorced. Because of the no-fault option, grounds … [Read more...] about Can I Change My Grounds To Adultery If My Spouse Has Started Seeing Someone Since We Filed In Queens?

There’s probably no legal presumption of privacy from your spouse in your own home, so if you have belongings or documentation that you don’t want your spouse to see, it may be beneficial to house them elsewhere. If you have a desk at work or wish to invest in a storage space, you can keep … [Read more...] about Can My Spouse Go Through My Things If We’re Divorcing In Queens But Still Living In The Same Apartment?

Unfortunately, once your settlement agreement is submitted to the court, your case will finalized when the judge can get to it. Because of the large backlog of cases, this can routinely take six months, and sometimes longer. The waiting can be truly maddening for both spouses, who are … [Read more...] about How Long Will It Take For My Divorce In Queens To Be Final Once We Submit Our Settlement Agreement?

Because each state governs its own matrimonial law, including how divorce is handled, you’ll need to retain counsel in the state where the action was filed. However, in some circumstances it may be possible to challenge the jurisdiction and move the proceedings to New York. You should talk … [Read more...] about My Spouse Moved To Another State And Filed For Divorce There. Do I Need A Lawyer There, Or In Queens?

If you are planning to file for divorce, do not purchase a home in the meantime. Even though you live apart, if you are not legally separated, your spouse will have a claim on the value of the home as a marital asset. You should consult an experienced divorce attorney before making any large … [Read more...] about My Spouse And I Have Been Living Apart For A Year, And I Would Like To Buy A Home. Will This Be A Marital Asset When We Divorce In Queens?