How to File for Divorce in New York

by Brette McWhorter Sember; Edward A. Haman

• ISBN13: 9781570711848
• ISBN10: 1570711844
• Edition: 1st
• Format: Paperback
• Copyright: 1999-04-01
• Publisher: Sphinx Publishing Inc

Summary

Adivorce can be the most painful and expensive experience of your life. Whether you use a lawyer or not, protect yourself by getting all the information you need about divorce laws and your legal rights. How to File for Divorce in New York simplifies and thoroughly explains everything you need to know to successfully handle your own divorce in the state of New York. Book jacket.

Author Biography

Brette McWhorter Sember received her B.A. and J.D. from the State University of New York at Buffalo. She is a freelance writer and attorney who practices in the field of family law. She is also a divorce and family mediator. She lives in western New York with her husband and two children Edward A. Haman received his bachelor's degree from Western Michigan University and his law degree from the University of Toledo. He has practiced law in Florida, Michigan and Hawaii, and has served as a Michigan Circuit Court domestic relations hearing officer

Table of Contents

Using Self-Help Law Books	p. 1
Introduction	p. 3
Marriage "Ins and Outs"	p. 5
Marriage
Divorce
Annulment
Legal Separation
Do You Really Want a Divorce?
The Legal System	p. 15
Theory vs. Reality
Divorce Law and Procedure
Legal Research
Lawyers	p. 27
Do You Need a Lawyer?
Selecting a Lawyer
Working with a Lawyer
Evaluating Your Situation	p. 35
Your Spouse
Gathering Information
Which Grounds to Use
Property and Debts
Child Custody and Visitation
Child Support
Maintenance (Alimony)
Which Procedure to Use
General Procedures	p. 63
An Introduction to Legal Forms
Filing with the Court Clerk
Notifying Your Spouse
Setting a Court Hearing
Courtroom Manners
Negotiating
Separation	p. 75
What Is a Legal Separation?
Why Get a Separation?
How to Become Separated
Creating a Separation Agreement
Filing Your Separation Agreement
Uncontested Divorce Procedure	p. 87
Request for Index Number
Summons
Affidavit of Service
Verified Complaint
Sworn Statement of Removal of Barriers to Remarriage
Affirmation (Affidavit) of Regularity
Statement of New Worth
Affidavit of Plaintiff
Affidavit of Defendant
Child Support Worksheet
Note of Issue
Request for Judicial Intervention
Affidavit Pursuant to Domestic Relations Law 75-j
Referee's Report
Judgment of Divorce
UCS 113
Certificate of Dissolution
Notice of Entry
Notice of Income Execution
Contested Divorce Procedure	p. 119
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	p. 137
Reasons for a Hearing
Preparation
The Hearing
When You Can't Find Your Spouse	p. 141
Types of Alternative Service
Searching for Your Spouse
Forms and Procedures for Alternate Service
Special Circumstances	p. 147
When You Can't Afford Court Costs
Protecting Yourself, Your Children, and Your Property
Temporary Support and Custody
Taxes
Pension Plans
If Your Spouse Filed for Divorce
New York Domestic Relations Law	p. 157
Forms	p. 171
Index	p. 281
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