A contested divorce in New York is when both parties cannot agree on one or more aspects of the divorce, such as property division, alimony, or child custody. These disputes need to be resolved in court through a trial process, where a judge will make the final decisions.
An uncontested divorce in New York is when both parties have reached a mutual agreement on all aspects of the divorce, including property division, alimony, and child custody. This type of divorce is generally faster and less expensive than a contested divorce, as it does not require a trial process.
In New York, property division is determined through a process known as equitable distribution. This means that the court will divide the marital property in a fair and just manner, taking into account factors such as the length of the marriage, the income and earning potential of each party, and the financial needs of each party.
A legal separation in New York is a court-ordered agreement allowing a couple to live separately while remaining legally married. This type of separation can be helpful for couples wishing to separate for a period before deciding whether to divorce.
In New York, alimony, also known as spousal support, is determined on a case-by-case basis. Factors that are taken into account include the length of the marriage, the income and earning potential of each party, and the financial needs of each party. The court will also consider the standard of living during the marriage and the ability of the paying spouse to support the receiving spouse.