4 Divorce Questions
Are you going through the divorce process? Check out these 4 divorce questions that we are often asked, then call our Saratoga attorneys now.
1) Can I File a Joint Tax Return the Year We Get Divorced?
- Two people who are not Divorced yet, as of the end of the tax year, can still file jointly
2) Can I Change My Life Insurance Beneficiary During the Divorce?
- Once an action for Divorce is commenced in New York, there are temporary orders put into place that prohibit conduct on the part of both parties
- The conduct that is prohibited includes modifying a Life Insurance policy, such as changing the beneficiaries, modifying Health Insurance, or selling certain assets
- You should speak with your Attorney if you have any questions about whether or not you can change a beneficiary on any type of policy, or whether or not you can sell or purchase certain types of assets
3) How Long Must I Wait for a Judgement on a Non-Responding Spouse?
- In New York State – absent court permission – you must personally serve an individual with either a summons with notice or a summons with complaint.
- The recipient has 20 days to respond, beginning the day after they’re served.
- If a spouse hasn’t responded when that deadline expires, a judgment of divorce by default can be obtained.
4) Will I Own All the Marital Assets in a Default Judgement?
- If a spouse does not respond to a divorce action, a default judgment of divorce will be entered.
- That does not necessarily mean that the spouse who filed for divorce will retain all of the marital assets.
- If spouses have been separated for a period of years, the filing party doesn’t know where the other spouse is, and the parties have lived separate economic lives, the filing party may retain most or all of those assets.
- If the spouses have been married for a number of years, but the served spouse simply hasn’t responded, the court may order certain assets, such as retirement plans, to be divided.
Is your spouse not responding to your divorce judgement? After reading our 4 divorce questions, contact experienced Saratoga Divorce Lawyer Jean Mahserjian for legal navigation.