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divorce pregnancy in NY

Discussion in 'Divorce, Separation, Annulment' started by krhoe999, Apr 30, 2011.

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  1. krhoe999

    krhoe999 Law Topic Starter New Member

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    Hi,
    So i know how i will sound by asking this question but i am at the end of my ropes and divorce is the only option.

    My wife and I are, were, going to file for divorce, when a day or two before we reached out to attorney she became a ware that she is pregnant. Naturally she had a change of heart, while i still want to go through with it.

    What are the rules in NY in regards to divorce during pregnancy?

    Thanks,
     
  2. army judge

    army judge Super Moderator

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    You should speak with an attorney.

    You should not agree to any support, until a DNA test has been performed.

    You will be the putative father of the child.

    That, however, might be true.

    That is why DNA testing is recommended.

    Divorce or not, you aren't required to reside in the same home.

    If you decide to move out during the divorce process, the issue of support will be raised.

    Again, I suggest you discuss this with an attorney before deciding anything.

    The issue of pregnancy complicates an otherwise simple process.

    A divorce action is begun by filing a Summons or Summons and Complaint in the Supreme Court of the State of New York.

    The Summons must be served personally on your spouse and an affidavit of personal service must be filed in court within 120 days after the Summons is served.

    A Summons gives notice to your spouse (the Defendant) that a divorce action was initiated.



    A complaint is a required legal document in the action for divorce.

    It contains the specific details and reasons for the relief requested in the Summons, including your grounds for divorce; it also contains other requests such as child custody, visitation, child support and maintenance, equitable distribution of marital property, health insurance, life insurance, payment of legal fees and experts' fees, exclusive possession of the marital residence, orders of protection, etc...

    Beginning on October 12, 2010, NY now has "no-fault" divorces.

    No-fault grounds - You can get a "no-fault" divorce if, according to either party, the marriage has "broken down irretrievably" for a period of at least six months (in other states, the common term used is "irreconcilable differences.") You do not have to be separated for 6 months, you just have to allege that the marriage has been completely broken down for at least the past 6 months. Note: A judgment of divorce will not be granted under this ground until the following issues are resolved by the parties, or determined by the court and incorporated into the judgment of divorce:

    * equitable distribution (division) of marital property,
    * the payment or waiver of spousal support,
    * the payment of child support,
    * the payment of counsel and experts' fees and expenses, and
    * the custody and visitation of any minor children of the marriage.*




    A simple uncontested divorce can be granted by the Supreme Court of the State of New York usually within 60 days.

    A complex contested divorce action, involving contested custody, support. valuation and property issues can take from one to three years.

    Needless to say, each divorce is unique to the parties of the action.


    If you are low-income, you can get an attorney appointed for you in the divorce but only to handle the custody and visitation portion of the divorce action, not the division of property or support portions.

    (You could also get an attorney appointed to handle an order of protection if you file for an order of protection during the divorce).

    If you do not qualify for a court-appointed lawyer, or if you need a lawyer to handle issues that the court-appointed lawyer won't handle, as of October 12, 2010, there is a new law that may help if your spouse earns/has more money than you do.

    The law says that the judge can order the spouse who has more money to pay the attorney's fees and the fees and expenses of experts (such as a forensic psychologist) if this is necessary for you to be adequately represented in the divorce.

    The judge will assume that the wealthier spouse should pay the poorer spouse's attorney fees although the wealthier spouse can try to change the judge's mind and offer evidence to show why this should not be done.

    The money would be paid during the divorce (not at the end) to your attorney.

    This law also applies to a court case you may have to later bring to enforce any part of the divorce or custody order that the other spouse is violating.



    http://www.nycourts.gov/divorce/forms.shtml


    http://www.brandeslaw.com/


    http://www.divorceinteractive.com/new_york.asp



     

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