DIVORCE FACTS AND FICTION
In New York Divorce and Family Law is very complex. Two very similar
cases may have two very different outcomes based upon the law as well
as the willingness or ability of the parties to litigate or compromise.
The uncontested divorce package offered by the Unified Court System is
poorly written and confusing. It is hard to use and does not fit every case
and cannot be used effectively if one party does not want a divorce or if
the parties disagree about any issue.
Further, what you hear anecdotally from friends and acquaintances about
other peoples’ divorces or Family Court cases is no indication of what
may happen in your case. The way to get the best advice regarding a
possible divorce or separation, child custody, spousal or child support or
any other domestic relations issue is to consult with a experienced
domestic relations attorney.
There are many myths about divorce and family law that we often hear
repeated by clients when they come in for their initial consultation. These
include the following:
This information is not intended to substitute for legal advice from your
own retained lawyer. You should consult with and retain experienced
legal counsel before you do anything to that may affect your marital rights.
In New York Divorce and Family Law is very complex. Two very similar
cases may have two very different outcomes based upon the law as well
as the willingness or ability of the parties to litigate or compromise.
The uncontested divorce package offered by the Unified Court System is
poorly written and confusing. It is hard to use and does not fit every case
and cannot be used effectively if one party does not want a divorce or if
the parties disagree about any issue.
Further, what you hear anecdotally from friends and acquaintances about
other peoples’ divorces or Family Court cases is no indication of what
may happen in your case. The way to get the best advice regarding a
possible divorce or separation, child custody, spousal or child support or
any other domestic relations issue is to consult with a experienced
domestic relations attorney.
There are many myths about divorce and family law that we often hear
repeated by clients when they come in for their initial consultation. These
include the following:
- Living "pursuant to a separation agreement for a period of one
year" automatically "converts" your agreement into a divorce.
This is not true. You still need to have a divorce action
commenced and a divorce judgment signed by a judge in order to
be divorced and have the marriage terminated.
If you leave the marital residence you give up your right to the
equitable distribution of marital property.
This is not true. In New York the grounds for divorce generally do
not affect property distribution. In fact, often grounds are not an
issue.
If you have a job you cannot receive spousal support or
maintenance.
This is not true. Spousal support and maintenance are based
upon many factors only one of which is the income and
employment of the party seeking support.
This information is not intended to substitute for legal advice from your
own retained lawyer. You should consult with and retain experienced
legal counsel before you do anything to that may affect your marital rights.
| ANTHONY BUONO Attorney at Law |
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| 2880 Route 9 Post Office Box 300 Valatie, New York 12184 Telephone 518-758-1979 Facsimile 518-758-1978 |