Divorcing a spouse can be difficult for anyone in any state, but if you live in New York, then you may think that the divorce process for you will be messier than for people who live in other states. This may be due to misconceptions you have about the process, because there is misinformation about divorces in New York all over the place. If you are worried about any of the following myths about getting a divorce in New York divorce, then read on to find out the truth about New York Divorce Laws.
1. Your Spouse Must Agree to a Divorce
In many states, such as Arizona, when one partner wants a divorce but the other partner won't take necessary steps to complete the divorce, like filling out appropriate paperwork, the judge can grant a "default"
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The first step is filing a verified complaint for divorce and a couple of other documents that you can complete on your own or with the help of a divorce attorney. Once these documents are filed, your spouse must be served with a court summons by you or a court official. You must request that a court official deliver the document if you are unable to do so yourself. You must then file proof that your spouse was served, and he or she has up to 30 days to respond to the …show more content…
While this is a myth, a degree earned by you during your marriage is considered marital property. However, this law is very complicated, and in the end, your spouse may not even be entitled to extra earnings from your degree depending on what took place during your marriage.
First, it is important to know that during a divorce in New York, marital property is not automatically split 50/50 between spouses. When deciding a fair distribution of assets, there are many factors taken into consideration. There are thirteen factors, including the length of your marriage and any "waste" of property or cash during the divorce (an example would be a spouse with a bad spending