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Queens Divorce Laws

92-73 Queens Blvd Queens, NY 11374

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Warm, Affordable & Professional Legal Help in Queens

Our site is dedicated to bringing local residents the absolute best attorneys in town. Meet and Contact Our Featured NYC Divorce Lawyer:

Aronov Esq Contested Divorce Lawyer 98-14 Queens Boulevard Rego Park, NY 11374 (718) 206-2050 https://aronovdivorcelawqueens.com/

Robert Aronov and his team are top rated attorneys and recipients of the AVVO clients choice award and chosen by “Whose Who” as a top legal professional. They specialize in all facets of family, divorce and matrimonial law and can help anyone in the NYC area (Queens, Brooklyn, Staten Island, Bronx & Manhattan) with any contested or uncontested divorce.

A message from the owner and managing partner Robert Aronov Esq.

The Cost Of Getting Divorced In New York State

“Divorce is yet another legal category that has a lot of legal and financial repercussions. Emotionally, a divorce is simply exhausting. For a couple to split up and have to deal with all the con’s of that break-up is very hard. The divorce attorneys at our firm have what it takes to have all your legal requirements regarding matrimonial law met.“

In some cases both parties might agree on the divorce and filing in NYC can be more straight forward process.

When there are times with assets involved which must be divided, or children and child support needs to be discussed with your attorney, it is best to have legal assistance from the start. The divorce can then be more equitable, and all parties involved can have their rights protected.

The average cost of a divorce in New York State is $13,500. There is no need to panic: the final cost of divorce can depend on a wide range of circumstances, including: Whether the divorce is contested or uncontested. Filing fees costs in your state.

A divorce case is started when a “Summons With Notice” or “Summons and Complaint” are filed with the County Clerk’s Office. In some courts, the plaintiff can file the papers over the internet using NYSCEF, the New York State Courts Electronic Filing system. Check the e-filing County List.

If you are filing for an uncontested divorce, free forms are available for you to use: If you have no children under 21 and your marriage has been over for 6 months or more, you can use the DIY Uncontested Divorce Program to make your papers. If you have children under 21, use the paper Uncontested Divorce Packet.

Some uncontested divorces are resolved as quickly as six weeks, while others can take six months or more.

How to File for Divorce in New York

  1. 1) Meet the Residency Requirements. …
  2. 2) Know the Grounds for Divorce in New York. …
  3. 3) Gather the Information You Need to Complete the Forms (Uncontested Divorce) …
  4. 4) Prepare and File the Necessary Forms. …
  5. 5) Serve the Forms to Your Spouse. …
  6. 6) Response by Your Spouse

In New York, the courts consider any debt acquired during a marriage as the responsibility of both parties, even if it is only one party that was responsible for accruing the debt.

It may be possible when settling assets for one spouse to take control of a larger part of a debt in exchange for other considerations. When the divorce is final, if a spouse has chosen this route, they are individually responsible for making sure payments are made to comply with the court order.

All pensions, IRAs, 401Ks and retirement plans are treated as marital property in New York. This means they are subject to the state’s equitable distribution laws and are divided by what is known as the Majauskas Formula, named after a landmark court case known as Majauskas vs. Majauskas.

Courts have the right to modify this formula or can use other methods to distribute pension and retirement benefits. This can include awarding a flat dollar amount that will not change even if one spouse’s retirement rises significantly prior to retirement. A share of retirement funds can also be calculated based on final salary and service credits as of a specific date, which is usually the commencement of the divorce date.

Legally splitting pensions and other retirement funds is a multiple step process. After the divorce decree has been issued, an attorney or a specialized firm must create a qualified domestic relations order, more commonly referred to as a QDRO.

The QDRO must be approved by the courts and then it can be submitted to the plan administrator who must also approve it. This establishes that a spouse can be considered an alternate payee, and the retirement vehicle is then divided according to the specifics contained in the QDRO.