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THE DIVORCE PROCESS
A Presentation by Jason M. Barbara & Associates, P.C.
About Divorce in New York• Divorce in New York can take place in
different ways depending on the circumstances of the filing parties.
• In some cases, both parties enter into a separation agreement, which is then later converted into a divorce action.
• Both parties sign the separation agreement, and various factors are decided upon.
• The parties must live separately for a minimum of one year before filing an action for divorce.
Taking Legal Action• Another way that divorce can be obtained is
through the filing of an action for separation. • This method is similar to the legal separation
method, except that it is accomplished through the court system.
• Unless the estranged parties can make an agreement without court intervention, the court will decide on the terms of the divorce and then issue a decree or judgment of separation.
• In this situation, the parties must wait one year from the date of the judgment to file an action for divorce.
No-Fault Divorce• The third and final way that divorce
can be obtained is through the direct filing of divorce.
• In 2010, New York became the very last state in the country to allow no-fault divorce cases.
• What that means is that individuals wanting to file for divorce do not have to prove fault in order for the divorce to be obtained.
• All divorce requires is for one party to swear that an irretrievable breakdown of the relationship has been taking place for a minimum of six months.
What Will My Divorce Resolve?Prior to the divorce being granted, an agreement by the court must be made that involves decisions regarding the following terms:• Child Custody• Child Support• Spousal Support• Property Division
Why Get an Attorney?• Since each marriage and split is
different, not all factors will be relevant for each case.
• Regardless of the situation of your case, an attorney can help you determine what is the best for you.
• An attorney can also help you pursue your desires if contested by your spouse (like pursuing custody of your child.)
Pleadings in a Divorce Case• In a marital dissolution case, the pleadings
include the complaint, the answer, and the reply.
• Once the party filing for divorce makes the verified complaint, the verified answer will have to be brought forth, either in the affirmative or as a counterclaim.
• Motions and trial will then take place to make the decisions that will affect the remainder of all parties' futures.
• The final judgment will then be processed.
Getting Divorced in Nassau County?
• If you are facing a divorce in Nassau County, don’t wait to seek legal representation.
• Contact Jason M. Barbara & Associates, P.C. and speak with our Nassau County divorce lawyers today.
• We can provide the legal guidance you need!
Contact Jason M. Barbara & Associates, P.C.NASSAU COUNTY DIVORCE ATTORNEY• Phone:
(516) 406-8381• New Hyde Park Office:
3 Dakota Dr, Suite 300 New Hyde Park, NY 11042
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