How to File for Divorce in New York: With Forms

by Sember, Brette McWhorter; Haman, Edward A.

• ISBN13: 9781572481411
• ISBN10: 1572481412
• Edition: 2nd
• Format: Paperback
• Copyright: 2001-04-01
• Publisher: Sourcebooks Inc

Summary

An invaluable tool for those who want to handle their own divorce, this new edition is also designed for those who want to gain a better understanding of New York separation and divorce proceedings when using an attorney. How to File for a Divorce in New York, 2E includes new sections on mediation and information regarding "parenting plans" and child custody as mandated by the federal government. Easy-to-use, blank tear-out forms and instructions for completing the forms are included in the book.

Table of Contents

Using Self-Help Law Books	ix
Introduction	xiii
Marriage ``Ins and Outs''	1	(10)
Marriage
Divorce
Annulment
Legal Separation
Do You Really Want a Divorce?
The Legal System	11	(10)
Theory vs. Reality
Divorce Law and Procedure
Legal Research
Lawyers	21	(8)
Do You Need a Lawyer?
Selecting a Lawyer
Working with a Lawyer
Mediators and Mediation	29	(6)
Finding a Mediator
Evaluating a Mediator
Getting Your Spouse to Go to Mediation
What to Expect in Mediation
Working with a Mediator
Paying for Mediation
Evaluating Your Situation	35	(24)
Relations with Your Spouse
Financial Information
Which Grounds to Use
Property and Debts
Child Support
Maintenance (Alimony)
Which Procedure to Use
General Procedures	59	(12)
An Introduction to Legal Forms
Filing with the Court Clerk
Notifying Your Spouse
Setting a Court Hearing
Courtroom Manners
Negotiating
Separation	71	(12)
What Is a Legal Separation?
Why Get a Separation?
How to Become Separated
Creating a Separation Agreement
Filing Your Separation Agreement
Parenting Plans	83	(8)
Developing the Plan
How Custody Should Be Decided
How a Judge Decides Custody
Preparing for a Custody Trial
Coping with Your Parenting Plan
Uncontested Divorce	91	(28)
Procedure
Certification
Request for Index Number
Summons
Affidavit of Service
Verified Complaint
Sworn Statement of Removal of Barriers to Remarriage
Affirmation (Affidavit) of Regularity
Statement of Net Worth
Affidavit of Plaintiff
Affidavit of Defendant
Child Support Forms
Note of Issue
Request for Judicial Intervention
Affidavit Pursuant to Domestic Relations Law 75-j
Notice of Settlement
Findings of Fact and Conclusions of Law (Referee's Report)
Judgment of Divorce
UCS 113
Certificate of Dissolution
Notice of Entry
Contested Divorce	119	(18)
Procedure Differences from Uncontested Divorce
Request for Judicial Intervention
Note of Issue and Certificate of Readiness
Motions
Collecting Information and Obtaining Subpoenas
Property and Debts
Child Custody and Visitation
Child Support
Maintenance (Alimony)
Proving Grounds
Appeals
The Court Hearing	137	(4)
Reasons for a Hearing
Preparation
The Hearing
When You Can't Find Your Spouse	141	(6)
Types of Alternative Service
Searching for Your Spouse
Forms and Procedures for Alternate Service
Special Circumstances	147	(12)
When You Can't Afford Court Costs
Protecting Yourself, Your Children, and Your Property
Automatic Temporary Orders
Temporary Support and Custody
Taxes
Pension Plans
If Your Spouse Filed for Divorce
After the Divorce	159	(4)
Waiting for It to Be Final
Changing Your Name
Adjusting to Being Single
Helping Your Children Adjust
Dealing with Your Ex
Changing Things After the Divorce
Appendix A: New York Domestic Relations Law	163	(14)
Appendix B: Forms	177	(124)
Index	301