Family court and matrimonial issues are the most highly charged and contentious matters argued in the new york state court system. Emphasizing comprehensive, compassionate, and cutting-edge service, at Dalbir Singh & Associates P.C., our new york family law attorneys offer expertise in
- Special Immigrant Juvenile Petition (SIJP)
Divorce with Trial
We deal with uncontested divorce. It is estimated that upwards of 95% of divorces in the U.S. are “uncontested”, because the two parties are able to come to an agreement (either with or without lawyers/mediators/collaborative counsel) about the property, children, and support issues. When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is almost guaranteed. If the two parties cannot come to an agreement, they may ask the court to decide how to split property and deal with the custody of their children. Though this may be necessary, the courts would prefer parties come to an agreement prior to entering court.
Where the issues are not complex and the parties are cooperative, a settlement often can be directly negotiated between them. In the majority of cases, forms are acquired from their respective state websites and a filing fee is paid to the state.
Most U.S. states charge between $175 and $350 for a simple divorce filing. Collaborative divorce and mediated divorce are considered uncontested divorces.Because of additional requirements that must be met, most military divorces are typically uncontested.
Divorce without Trial
Many people think that all legal processes take place in court, but most of the time, cases are settled out of court. Mediation is a good option for resolving issues quickly and with a minimum of expense. A third, unbiased party helps both sides to come to an agreement and resolve disagreements prior to trial.
Legal Grounds for New York Divorce
New York requires grounds, or a legal reason, for divorce. There are seven official grounds in the state, including a no-fault option:
- Irretrievable breakdown of the marriage, which is the no-fault option
- Cruel and inhuman treatment
- Living separate prior to judgment
- Living separate before to separation agreement
• You can cite no-fault grounds if your divorce is uncontested
New York has a few residency requirements for divorce:
- You or your spouse must have lived in state for two years or
- You or your spouse lived in New York for one year before the date you filed for divorce, and you were married in the state or
- You have lived in state as a married couple and you were a resident for one year prior to filing or
- You and your spouse have lived in state for a continuous year and your grounds and filing occurred in the state or
- Your spouse and you lived in the state, regardless of how long, on the date your divorce started, and your grounds occurred in the state