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I know maybe you should well welcome to.media reporter I'm Nicole Israel and.today we have a great show for you we're.joined here by Anna Carly and Irina lust.from Carly endless law here in New York.and we're here to talk about a very.important subject today and that's the.topic of divorce now many people are.affected by divorce and in any which way.but just for the basics so first how do.you get a divorce in New York what are.some of the available options and how.long does it take sure and the Carly.thank you for having us here.this is my partner Rina logic we're.we're here from from Carly and lust and.we practice divorce in our firm in the.state of New Jersey and New York and in.New York you can actually obtain divorce.based on about six grounds there are.contested divorce grants and uncontested.divorce grounds what is contested.divorce is when one of the spouses tries.to get a divorce.based on adultery if the other spouse.committed adultery if the other spouse.is in prison based on imprisonment was.the cruel and unusual treatment if the.other spouse is treating you or the.spouse actually applying for divorce is.being treated cruel cruelly at home and.also there's a conversion of an awful no.fourth conversion divorce and since.October 2010 and New York is one of the.states that recognizes and no-fault.divorce based on irreconcilable.differences if a couple married couple.had irreconcilable differences during.their marriage for six months or more so.therefore these are the grounds that you.can use to obtain a divorce in the state.of New York okay now you say uncondensed.uncontested divorce may become contested.absolutely now what are there are there.any requirements for uncontested let me.tell you a little bit about uncontested.divorce contested divorce usually.takes about one to three years and then.outrageous cases it could be five seven.years but uncontested divorce as opposed.to contested divorces where both parties.both spouses actually agree on all.issues prior to filing the divorce.they usually agree on issues such as.child custody child support maintenance.equitable distribution of the property.assets and liabilities division so but.basically both parties have to agree.right away and then divorce it.uncontested from inception which means.parties do not have to appear in court.so they save money by not going to trial.by not spending large amounts of money.on appearing in court before the judge.so it's actually a very good option but.of the spouses can agree and usually.uncontested divorce depending what.county parties reside in would take from.four months to one year for instance in.my experience in Manhattan it usually.takes about four to six months which is.not so bad but in Brooklyn it takes you.know about a year sometimes a little.more so it's better to file in Manhattan.if you can if you qualify and the thing.with uncontested divorce is sometimes it.becomes contested when another party.another spouse becomes hostile and.cannot agree on some issues and says.okay I changed my mind.so then the divorce becomes contested.which is more costly for people so in in.such case what I would say the what you.should do is should discuss with your.spouse before filing for divorce whether.you would agree and figure out if I.should be doing uncontested divorce if.you know that your spouse or the.propensity for being vicious and will.try to be against you and fight you on.every little thing then it's probably.not a good idea so to qualify to be able.to file uncontested divorce parties must.have resided for at least one year in.New York then parties must agree on.which ground of divorce which ground.they will be using and I know I.mentioned all those sick grounds.usually no-fault fun contested as much.as most are usual divorce around for.divorce.then Paris after grand child custody.child support and it has to be in within.guidelines of New York State.for instance one child it's seven.seventeen percent two children twenty.three percent of combined parents income.and then parties also have to do.equitable distribution basically.dividing what a separate property what.is marital property Nana we'll talk.about it a little bit later so explain.what the hims but basically we divide.what each spouse has and that will.govern an uncontested divorce so just to.clarify are there any circumstances.where uncontested divorce is a is a bad.idea yes so like I said if you spouse is.vicious and you fight you it's not a.good idea you wouldn't want to spend.money also if there is domestic abuse.it's not good because abuse spouse will.not be on level playing field with our.perpetrator so it's really not a good.idea.abuse spouse should get help and should.get somebody advocate for the rights so.I would not recommend them contested.divorce for them and another thing that.parties are ignorant about law they just.don't know what they're doing that might.not be a good idea okay just the last.question about uncontested divorce can.the both husband always be represented.by the same attorney absolutely not we.do not recommend that because it could.be potentially a sex issue and conflicts.of interest what usually happens one.spouse is represented by an attorney.what is agree and then another spouse.just signs acknowledgement of service.science appropriate papers but does not.appear and this becomes uncontested.divorce and and goes on so another.spouse does not need to have an attorney.we can banana to become toast to divorce.okay so just a highly contested argument.for contested divorce I guess would be.adultery now how do you go about proving.adultery yes that's a very interesting.question because if proven adultery is.not an easy matter in New York in New.York adultery is considered a voluntary.sexual or secular deviant.by one spouse with another person not.not your spouse during marriage without.consent of the other spouse it's not.involved so adultery usually requires.some extreme as some evidence to prove.the actual act of adultery and this is.really hard to obtain so the other.spouse was trying to file a divorce.based on adultery would have to hire.probably an investigator or somebody who.can help the filing party to obtain some.facts of adulterous relationship and.they're also defenses to adultery in New.York for instance there's a defense of.collusion meaning that the other spouse.that wasn't participating in adultery.either asked the spouse that was.adulterous or encouraged that spouse to.participate in an adulterous act also.there is a defense of what is called you.know acceptance of adultery of some sort.that after the adulteress Act the.adulteress spouse tells the other spouse.that the act occurred and the spouses.have sex and everything seems fine so.there could be a defense to an action.for based on adultery for divorce also.there is a defense of the spouse who.files for divorce.also being adulterous with somebody else.so the spouse filing for divorce based.on adultery also having a relationship.with someone else outside the marriage.during the marriage cannot use adultery.as a ground for divorce and also it's.very important to make sure that if you.filing for divorce based on adultery you.have good evidence to support support.your claim because it's simple at a.simple claim of a plaintiff that.adultery occurred is not enough you need.some extra evidence to prove it also.defendant can.admitting the adultery is not enough in.the state of New York at the same time.and you have to show that there was a.propensity to commit an adultery that.there was opportunity to commit adultery.and the opportunity could be shown if.the adulterous spouse for instance went.into another party's home with whom they.supposedly committed ultry at 11:00 p.m..and didn't leave that home until 8:00.a.m. if you have this kind of proof that.could show that they had the opportunity.to commit adultery but simple showing of.opportunity is not enough so it has to.be also that the other party has a.predisposition to do that meaning.somebody saw that adulterous are.supposed to be holding hands with with.some with the person they committed.adultery with or some public show of.affection towards somebody who is not.their spouse would be a some kind of.additional evidence that is required in.the state of New York okay and then just.on another topic I you mentioned before.about marital and separate property now.how does that play out in a divorce.proceeding that's also a very good.question a marital property is any.property in the state of New York that.espouses accumulated during marriage.it'd be it you know spousal real estate.or wages that the spouses earned during.marriage but this is a default position.under the statute anything that's not.covered by a prenuptial or post natural.agreement so here answering your.question I will not be assuming that the.couple has a prenup or a postnup for.what's called would call the contracts.that also may define how a spouse's.dispose of property upon divorce and.separate properties anything that either.one of the spouses may have try to.marriage anything that you owned prior.to marriage anything you receive as a.gift during marriage inheritance that.you receive from your relatives during.marriage and also anything that you buy.with the property that.you help prior to marriage or held your.marriage but that was separate however.men having said that a separate property.may become marital property if it's.commingled so a party during marriage or.spouse has to make sure that the.separate property stays separate and is.not commingled for instance if one of.the spouses had a business prior to.marriage and having been married for a.while the other spouse decides I will.help you within the business and the.business actually increases in value or.makes more money and the participation.of the other spouse is significant or.somewhat significant that didn't me.because that business now may be.considered marital property so that the.lines of separate and marital property.have been blurred in that situation so.it's very important to distinguish the.property and that's done by the courts.during after filing for divorce and.that's the courts job to distinguish and.find out what properties is marital more.property separate and at the end of.divorce that a property is disposed.according to the law you know sometimes.there are children involved in divorce.proceedings so for that how is child.support calculated how is alimony.calculated what are the rules in New.York for that yes child support in New.York is also statutory on the.calculation of child support it is a.formula pretty much usually if a.combined spousal income is 880 thousand.or up to eighty thousand then what.occurs is that that that number is.multiplied by a percentage that's.indicated in the statute and the.percentage is governed by how many.children the couple has if a couple has.one child then the eighty thousand is.multiplied by seventeen percent and then.that number is split between the parties.according to.they mixed according to the share of.that combined income and that's how.child support is determined if a couple.for instance has two children then it's.more than 17% and it goes up to five or.six children so that's how child support.is calculated in New York also if.couples combined income is above eighty.thousand the court does the initial.calculation but at the same time they.consider the extra income that the.spouses have and that in during those.considerations the court looks at and.the court looks out for the best.interest of the child and doing that the.court looks at child's needs the.lifestyle that the child is used to.maybe the school that the child goes to.and how much it costs and a different.other aspects of the situation so the.court basically is governed by the.necessity to provide for the child and.for the child or the children's best.interests also there is such a thing as.maintenance in New York maintenance.could be temporary permanent maintenance.is something that a spouse gets either.during the separation prior to the.divorce proceedings or after the divorce.and that's temp that's permanent.maintenance I'm sorry and temporary.maintenance is a formula also by the.statute and some considerations that are.that come in is the income obviously if.the spouse stays at home if the spouse.is a full-time mother if the spouse.didn't hold the full-time job for a.while or a part-time job and so on in.the permanent in the permanent award a.maintenance award after the divorce also.considered such factors as you know how.long the spouse was taking care of the.children not working on staying.home and what are what is the age of the.spouse and what are the other things.that the spouse needs to do to maybe get.back into the work market such as you.know maybe continue her education or his.education or get a higher degree and how.long it would take for the spouse that.was staying mostly at home taking care.of the children for instance to get into.that work game and you know be more.employable or be employable at all so.these are the factors that go into their.word of maintenance in the state of New.York okay and just switching topics once.again the idea of a prenup and you hear.about this with a lot of celebrities can.you describe what exactly it is and when.someone who's considering divorce when.they are getting married if they should.get one or not yes I would like to tell.you more about prenuptial agreements.because they're usually so many myths.associated with prenuptial agreements.first one is that you have to be wealth.you have to be Donald Trump Tiger Woods.to have one actually nowadays people get.married 25 27 30 years old it's pretty.early so down the road you accumulate.funds you accumulate assets you earn.degrees so ten years down the road 20.years down the road you end up with.owning a house having a couple of bank.accounts so you might want to protect.that you should anticipate that you will.be making money in the future or you.might go and get a professional degree.such as you know CPA or lawyer and in.New York actually professional degree.can be considered marital property so if.you went to law school and you were.married and later you get divorced your.spouse can say look I supported you.during law school I hoped you so now.your license is divided and it will be.getting profits from you working as a.lawyer so and a lot of people don't know.about it so it's very important.considerations if you are working.towards Heidi green another means is.that you know you really have to have a.prenuptial agreement when you don't.trust someone.or you have concerns and it shows a lot.of people think that it just shows.mistrust and it's not romantic to talk.about in optional agreements and their.reluctance to even start the.conversation with their potential future.spouse about it because they could be.embarrassed they would think it's not.common was it just not educated enough.about the process so which is we.encourage our clients before they get.married to enter the prenuptial.agreement because actually it helps.spouses to become closer because what.happens but they open they have open.communication about the finances but.what they have about what their plans.for future are and they just basically.you find out all this information and.they can reasonably amicably decide.what's reasonable and what's fair and in.future if one of them gets divorce you.know you have a sense of security you.have sense of stability so you know that.down the road it will probably most.likely it will be amicable.so it's a good insurance and I would.recommend for couples to can see at.least consider it and talk to each other.and find out what our expectations about.financial future which of the spouses.are so those are the means so what I.would say prenuptial.clients come into our offices and they.say well why do we need prenuptial.agreement why so and usually we give.them whole list of reasons one of the.reasons is opening new business you.might open your business and again.appreciation even if you open your.business before you get married and.later on your business grows.appreciation in value will become.marital property and you might have.partners so you might want to protect.that and partners might want you to.protect the business so that's one.consideration.additionally in a lot of people nowadays.have are the children from previous.marriages so you would like to protect.your children so in case you get.divorced inheritance and some of your.assets going to children and not.everything going to spouse so that's.very important.additionally you know again licenses.businesses and adventures and just in.general prenuptial agreement you can.define a lot of.in the prenuptial agreement but there.are some things you cannot talk about.such as who will be you know washing the.dishes you cannot talk about it you.cannot talk about child support because.Court will not approve it child support.will be approved by the court and it has.to be within the guidelines but the.nuptial agreement basically defines.equitable distribution of property in.case parties get divorced and it's I.would say it's highly recommended that.our clients do it and the prenuptial.agreement it's very important that both.parties have the lawyer and that it.falls for melodious and it's you know.it's really important to have a lawyer.on each side tell you all about it how.it's done and how it's entered into and.what happens you just mentioned in on.child support now can transport be.modified in any way under any.circumstance or not child support is.only court can modify child support and.you have to petition for it you have to.go through official process you cannot.just define it because that would be.unfair to the children in a prenup or.post yeah and you know you cannot define.rights of sort people in your prenuptial.agreement but child support can be.modified once an order for child support.has been entered in some sort of way.either by um you know a pursuant to.petition or motion by one of the parties.or otherwise and it can be modified when.for instance the despot that or their.parent that's paying child support has a.change of luck and for instance the.income of that parent has decreased.significantly so in that case you need.to modify child support order you need a.change in circumstance it's a.significant change in circumstances of a.painting parent so if child support can.obviously be modified to increase it or.decrease it and to ask for a decrease in.New York pursuant to the law that just.came out in October 2010.there needs to be a show of dropping.income of fifty percent of drop and.income of a parent who's paying the.child support for instance and to.increase child support the Mississippi.is show that the parent who's paying.child support is making significantly.more good amount more than before or if.the needs of the child have increased.because the child has gotten older and.there's a need for a you know health.insurance or there are some health.issues or education requires more higher.payment of child support or for instance.if the custodial parent who is receiving.child support has a change of luck and.the custodial parents income has.decreased significantly then they apply.significantly then the application for.child support modification is warranted.and then it will be given by the courts.but it has to be done officially by a.motion and we always recommend to retain.an attorney for this kind of legal work.because you know obviously child support.is important and obtaining order.reflecting the necessity of the child is.what a lawyer will do best okay so what.if a spouse is involved with some sort.of malicious financial maneuvers on his.part in business how was the innocent.spouse I guess affected or are they its.actual it happens all the time in our.practice so basically what we do when.the client comes into the door we sit.down with the client and we go over both.spouses financial situation startling.it's very important for us to have.complete and full disclosure and it's.also very important I mean we can down.the road in our irrigation we can we.have discovery tools that we can find.out that information but it's very.helpful it's very pre-emptive to find.out complete situation before even.divorce starts because then we can plan.for malicious looting of the assets so.what we usually do it both spouses have.credit cards we could advise them to.lower the credit limit.or we could possibly even advise that.they cancel the credit card altogether.if they suspect that the other spouse.will run up high credit and hide that.additionally if spouses have joined.investment accounts it's very important.for us to look at all investment.accounts and then make sure if another.spouse is prone to loading it we might.notify financial institution and tell.them to freeze the account or we may.call the financial institution and tell.them to have its power signed for any.transaction they do every single.transaction they do this way we know.there is no burning of assets and it's.very important to give us insurance.information bonds stocks arrests.everything you can come up with because.then we can say okay you have this asset.so here is the pre-emptive attack you.know just trying to make sure that the.other spouse doesn't take it from them.but very often what happens when we.don't have complete disclosure or not a.spouse is really vicious and.manipulative things happen and assets.get wasted.so under New York law you can actually.have a couple of tools that helps you to.deal with dissipation of assets so first.what courts usually do when there is.dissipation of assets and we prove it.they would take equitable distribution.they would take all the remaining assets.and the word the spouse that didn't look.the assets more money or property more.assets so basically the guilty spouse.will get much less or for instance if.the spouse is seeking maintenance.spousal support but they at the same.time have been looting the assets then.maintenance award will be reduced as.well and additionally you cannot supply.the court for temporary or final order.asking to stop another spouse from.participating there such but it's a very.real topic and it's very important to.deal with it at the outset is there any.way to deal with it in the prenup or.isn't made a bullet proof the prenup.just to make sure it's solid yes.prove the prenup you have to make sure.that it complies with all the.formalities basically prenup is created.in the same way the gear is you have to.have acknowledgement you have to have.all the signatures and witnesses.witnesses yes so it's very important.that you compliant have to find on each.paper and it's very important that you.follow those formalities courts are very.strict if you don't follow those.formalities this agreement will not be.valid additionally it's not recommended.to enter into prenuptial agreement so.too early to the data getting married.because very often courts would look at.the prenuptial agreement and the time.when it was signed and they would see.that while it was entered ten days.before parties got married and they.usually most likely they would say it's.invalid because there could be some.duress and another spouse can come out.and say okay there was duress it was not.rational I didn't have a lawyer so um.people should avoid that you should do.it in advance you should plan in advance.so that's foundation traffic I'm sorry.that's all we have time for.unfortunately today but thank you so.much for joining us it's Anna Carlene.Irena less from Carly and les law and.thank you for watching media reporter.I'm Nicole Israel.you.you.

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Ny Court Divorce Form FAQs

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What can I do when a divorced parent refuses to fill out a college financial aid form?

Anything that does not involve going to university and paying for it with loans/grants. Join the service. Get a full time job and take a class at a time and pay with cash. Find an employer that will pay for your schooling. Get married so you can be considered an independent student 9but not from your husband). Jus t get a job. By the time the government lets you file as an independent student(age 24) you may have found an even better pattern that doesn’t involve college at all.

I’m being sued and I’m representing myself in court. How do I fill out the form called “answer to complaint”?

If you are confused on how to sue or how to answer a complaint, US Legal Forms has all the on line forms you need to file a complaint, including a free preview of a complaints form sample before downloading. Legal Complaint Forms

Do military members have to pay any fee for leave or fiancee forms?

First off there are no fees for leaves or requests for leave in any branch of the United States military. Second there is no such thing as a fiancée form in the U.S. military. There is however a form for applying for a fiancée visa (K-1 Visa)that is available from the Immigration and Customs Service (Fiancé(e) Visas ) which would be processed by the U.S. State Department at a U.S. Consulate or Embassy overseas. However these fiancée visas are for foreigners wishing to enter the United States for the purpose of marriage and are valid for 90 days. They have nothing to do with the military and are Continue Reading

I am filing for a divorce, and I don't want child support from my wife. Is there a form to fill out?

It is impossible for anyone to answer your question without knowing where you live. Divorce procedure is different in each country, and in each state in the US. In Pennsylvania, child support is entirely separate from divorce filings, so you wouldn’t have to fill out any forms regarding support unless you’re asking for support. Where you live, I have not a clue. You should contact a lawyer where you live and make sure you’re doing things correctly.

How can I fill out Google's intern host matching form to optimize my chances of receiving a match?

I was selected for a summer internship 2016. I tried to be very open while filling the preference form: I choose many products as my favorite products and I said I'm open about the team I want to join. I even was very open in the location and start date to get host matching interviews (I negotiated the start date in the interview until both me and my host were happy.) You could ask your recruiter to review your form (there are very cool and could help you a lot since they have a bigger experience). Do a search on the potential team. Before the interviews, try to find smart question that you are Continue Reading

How do I fill out the form of DU CIC? I couldn't find the link to fill out the form.

Just register on the admission portal and during registration you will get an option for the entrance based course. Just register there. There is no separate form for DU CIC.

How do I check the status of my divorce case?

Hello, please I was in Dubai for 5 month & from Sierra Leones from West African & my name is Mohamed Sheik & I want to know if I can apply for shengeh Visa & one my country brothers fraud me in Dubai & promise me to go to Instabul & I pay him $3000 to help me to go Turkey & after he fraud me I went again in Dubai they deport me and I don't cause no problem in Dubai & because I didn't buy return ticket to Sierra Leone so they send me back & I want to know if can still apply for Sengeh Visa & I want to go Visa my Uncle in Europe I want to visit Dubai again but I have no stamps in my passport .. Continue Reading

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