New York Divorce FAQ
Whether you are thinking about divorce or have recently received divorce papers, it’s natural to have many questions about what comes next. At Bryant & Bleier, LLP, we take the time to understand your situation and answer your questions with clarity and care. Below are some of the divorce questions we hear most often.
What Is The Difference Between A Contested And Uncontested Divorce?
Almost all divorces involve disagreements, whether about spousal support, child custody, equitable distribution of assets and debts, or myriad other issues. Experienced matrimonial attorneys will help parties reach a negotiated settlement on all of the issues related to the divorce action. However, if negotiations fail the only option remaining is to litigate in court. Once litigation commences, a divorce action moves from being uncontested to contested.
Do I Need To Submit A Statement Of Net Worth To The Court?
Yes. The court requires a Statement of Net Worth, which details your assets, debts, income and liabilities. It is a sworn document that must be notarized.
Even if you are able to settle your divorce action without litigation, you and your spouse will need to exchange net worth statements in order to ensure that everyone is making fully informed decisions about the equitable distribution of assets and debts, as well as spousal support and child support.
How Is Legal Custody Different Than Physical Custody?
Custody of children is not a single concept; it has two parts, physical and legal. The parent who has physical custody has the children living with them most of the time. Legal custody is the right and responsibility of making major life decisions for the children. This includes things such as their education, religious upbringing and medical care. In many cases, both parents share both custody roles.
How Is Equitable Distribution Different Than Community Property?
Only a minority of states have community property law for division of assets and debts. This type of division law states that all marital property gets divided equally. In an equitable distribution state such as New York, the emphasis of the law is on fair division based on several factors.
What Is A Contested Divorce?
More often than not, it is better to reach a negotiated settlement rather than litigate. A divorce action changes from being uncontested to being contested when the parties request court intervention. Of course, that does not mean the case cannot be settled before (or even during) a trial. In fact, the vast majority of cases settle before a trial is completed.
Get Your Questions Answered Today
Schedule a consultation at Bryant & Bleier, LLP, today by calling 646-561-9227 or contacting us online. Located in New York City, we serve clients from all five boroughs as well as Westchester and Long Island.