#NYC
Creative Furniture
shared a video
Discover perfection at our <a href="https://www.creativefurniturestore.com/">Luxurious Furniture Store</a>, where every piece is crafted for your dream living space.
Visit Creative Furniture Online S... View More
Be the first person to like this.
Alvi Nixon
posted a blog.
The finest legal advice any lawyer can provide you when you are facing a legal situation is to first consult with an experienced attorney.
I advise everyone seeking a divorce, whether they have counsel or not, to
plan at least a single session with a lawyer knowledgeable in divorce law.
While the consultation may or may not cost you anything, the knowledge
you gain from it might help you avoid risky and unanticipated problems that
could have an impact on the rest of your life. Unless the lawyer offering you
advice concerning your divorce is familiar with the divorce laws in New
York State, the time spent during a session could be useless. In the same
way that you wouldn’t waste your time talking to a plumber about electrical problems, you shouldn’t waste your time talking to an attorney who focuses
on a different field of law than divorce.
Are You Eligible for Divorce in New York?
To make sure you fulfill the “residency criteria” needed to start a divorce
action in New York State, seek the advice of a prominent divorce lawyer in
your community. Here are some guidelines for filing in NYS;
You and your spouse were married in New York State, either of you is a resident of New York State at the time the action is filed and has lived there continuously for the year immediately before, or
When the action is started, either party must be a resident of New York State and have lived there continuously for the previous year, or you and your spouse must have lived there together as a married pair, or
The cause happened in New York State, and either you or your spouse has lived in New York State continuously for at least one year before the filing of the action, or
When the action was started, you and your spouse were both residents of New York State because the cause happened there, or
At least two years must have passed from the start of the action for either you or your spouse to have lived in New York State continuously.
You may file for divorce in New York State if one of the
aforementioned claims is accurate. In general, the county where you
or your spouse reside will be where the divorce case is started or
filed. You can petition for divorce in either Albany County or Saratoga
County, for instance, if you live in Albany County and your spouse
lives in Saratoga County. You won’t pay more to file for a divorce in one county than another in New York State since the filing costs are the same everywhere.
How Do I Begin the Divorce Procedure?
Either a Summons and Verified Complaint or a Verified Summons will be
prepared and filed by the spouse seeking a divorce. It is more typical to file
both a Verified Complaint and a Verified Summons to start an action. Then,
either one or both parties submit the papers to the county clerk’s office in their respective counties. You will be given an Index Number. Depending on
income and financial resources, the filing fees can be waived. To learn
more about the procedure for having the filing costs waived, you can call
the court or consult with a divorce lawyer near you. Some offer free initial
consultations.
Once the divorce process has begun, your spouse must receive service of
the Verified Summons or Verified Complaint. Although it is customary to
hire a process server for this task, it is not necessary. You cannot serve
your spouse with divorce papers; only a friend or family member may do
so. An Affidavit of Service must be filed with the clerk’s office.
*This is not legal advice, just a general idea of the divorce process. For
advice on your case, please speak directly to an experienced divorce
Attorney.
#divorce #lawyer #law #nyc
Be the first person to like this.
Alvi Nixon
posted a blog.
Find out more about the classification and division of marital and separate property by judges during a divorce.
When a couple file for divorce in New York, courts split property fairly, which occasionally leads to an equal property division. Instead, a judge's assessment of what is fair in light of what each spouse contributed to the marriage and what each will need to go ahead serves as the foundation for an equitable property allocation.
Equitable Distribution: What Is It?
When a married couple files for divorce, one technique of distributing their assets is called equitable distribution. New York was a "common law property" state before the adoption of equitable distribution, which meant that the court divided the assets owned by either spouse in the divorce according to who held the title. If the title only listed the names of one spouse, that spouse was entitled to the property.
The state of New York presently practices equitable distribution. The court must distribute the marital estate fairly or equally when a spouse petition for divorce. However, being fair does not always entail dividing the couple's assets equally. Instead, the judge will work to reach a just decision, taking into account:
● income and assets of each spouse at the time of marriage and at the time of divorce
● how long the marriage has lasted
● age and wellness of each spouse
● the need that the parent with custody reside in the house and utilize or possess its possessions
● the value of the pension, health insurance, and inheritance rights that each spouse will forfeit as a result of the divorce as of the divorce date.
● whether or if the court has granted spousal support (alimony)
● whether one spouse, based on their labor, money, or efforts as a spouse, parent, wage earner or homemaker, including their contributions to the other spouses’ earning potential, has an equitable claim to marital property to which they do not have a title (by, for example, working to put the other spouse through school)
● the nature of all marital property, whether it is liquid or not.
● the potential financial situation of either partner in the future
● the difficulty of valuing the component or stake in the business, corporation, or profession whether it is a part of the marital property and if it would be preferable to keep it intact, free from claims or interference from the other spouse.
● the spouses' respective tax repercussions.
● whether either partner has wastefully spent the assets of the marriage.
● whether either of the parties has improperly transferred or encumbered marital property while contemplating divorce, and
● any other element that the court explicitly determines deserves consideration.
Which Assets Are Affected by Equitable Distribution?
The courts in New York merely split the marital estate; spouses retain their possessions.
All possessions acquired by one or both spouses during the marriage are considered marital property, regardless of who made the purchase. Marital property examples include:
● the earnings of each spouse during the marriage
● the home obtained from either spouse's income
● the home the couple bought while they were still married (such as a house or car)
● each spouse's retirement benefits accrued throughout the marriage, and
● the increase in the value of a couple's assets during their marriage.
Most of the time, divorced couples can agree on property allocation that satisfies the requirements of both spouses. The division of assets and debt is a topic on which the courts urge couples to collaborate.
Definition of Separate Property
When a couple of divorces, the courts do not distribute their separate property. Instead, each couple keeps their independent property—with the exception of any value increases to which one spouse may have contributed. Included in the separate property are:
● property that either spouse owned before the union
● property that either spouse, aside from the other spouse, got as a gift or inheritance on their own
● reparation for either spouse's injury
● every piece of the property described as independent property in a legally binding prenuptial agreement or other written contract, and
● property gained through the sale of separate property or its subsequent appreciation unless the latter was influenced in part by the labor or contributions of the other spouse.
Is a business or professional practice may be distributed fairly?
Yes. The court will split "property" in a divorce using equitable distribution. This "property" includes businesses, professional practices, and increased earning potential owing to obtaining a vocation, professional license, educational degree, profession, or license. As was previously said, it may be difficult or undesirable to split interests in a firm or job.
The actual business or practice will normally be awarded to the spouse managing it in this case, and the other spouse will be given other property to make up the deficit.
In a divorce in New York, how is property divided?
Most of the time, divorced couples can agree on property allocation that satisfies the requirements of both spouses. The division of assets and debt is a topic on which the courts urge couples to collaborate. A settlement agreement will often be approved by the court if it is equitable to both parties.
The court will decide whether each item of property or debt falls under the "marital" or "separate" categories and will then divide the estate using the aforementioned criteria if you and your spouse are unable to agree on how to divide marital assets. The court must abide by the terms of a prenuptial agreement if the couple signed one before getting married.
Before asking the court to decide for you, you can ask for assistance from a mediator or arbitrator if you'd want to arrange a property settlement with your spouse.
Important Resources
https://divorce-lawyer-blog.mystrikingly.com/blog/child-protective-services-faq
https://seo-nyc.mailchimpsites.com/
#divorce #nyc #separation #lawyer
Be the first person to like this.
MsKims Karaoke
shared a photo
When it’s a life or death situation, you mind is able to tolerate bland food/rationing. But when it comes to long term survival and mental stability, well cooked food and drinks is incredibly importa... View More
Be the first person to like this.
Loft In Flatiron
shared a photo
Some memories are unforgettable, remaining ever vivid and heartwarming!
https://www.loftinflatiron.com/
#loftinflatiron #timetoplay #nycevents #nyc #brooklyn #newyorkcity #newyork #nyceventplanner ... View More
Be the first person to like this.
https://bit.ly/3xho4SH #newyork , #nyc , #newyorkcity , #usa , #love , #losangeles , #miami , #london , #california , #brooklyn , #fashion , #ny , #photography , #art , #music , #manhattan , ... View More
9 Facts About New York You Must Know Before You Go There - the USA
I as of late had the delight of visiting New York for these special seasons. Also, this is the thing that I discovered. New York is a muddled.
Be the first person to like this.
Stone Security Services
shared a photo
Looking for event security services in New York? Contact Stone Security Services.
https://globsec.com
#USA #NYC
Be the first person to like this.
Stone Security Service
shared a photo
If you want to hire highly #professional, experienced, current off duty law officers as Executive Protection in #NYC then look no further than #Stone Security Services. If you have any query, feel fr... View More
Be the first person to like this.
Belle Liz Online
shared a photo
Bag online shopping Singapore
Blessed Sunday everyone! 👋 Check out one of our latest Ladies Bags available on our website.
💙🧡💛 #bellelizonline #sgshopping #sgig #singaporefashion #singaporeshop #sin... View More
Be the first person to like this.
Harris Kramer&Liston
shared a photo
Depending upon the child’s need and mental statues #HarrisKramer&Liston will suggest the #TherapeuticPrograms that will help them improve their condition and fill them with qualities like Self-advocat... View More
Be the first person to like this.