9 Frequently Asked Divorce Questions

If you are going through a divorce, check out these 9 frequently asked divorce questions for guidance. Then, contact our Saratoga attorneys.

1) How Long Does it Take to Get Divorced?

• How long it takes to obtain a judgment of divorce depends upon the case.
• Our general time frames indicate that a high-conflict case – in which every issue is litigated, obtaining documents is difficult, or one party throws financial equity roadblocks in the way – can take a year or longer.
• A case involving relatively discrete issues that are concrete and easily ascertained can be completed in six months or less.
• New York’s Office of Court Administration attempts to impose time frames for completion of cases.
• Non-complex cases are expected to be completed in six months or less, while complex cases take longer. When more time is needed, the court system and the judges are fairly understanding about what needs to be done and why.

2) What Information Should I Gather When Considering Divorce?

3) How Should I Prepare for Divorce in NYS?

• How you prepare for Divorce in New York State depends upon the type of Divorce that you are going to have
• You are going to need tax returns and credit card statements, in order to outline your financial situation
• Depending on the type of Divorce, we may need to have you obtain other documents, or take other action to protect yourself

4) What is a No Fault Divorce in New York?

• A No Fault Divorce requires only one spouse swears, under oath, that their marriage has been irretrievably broken down for at least 6 months or longer
• A spouse who wants a Divorce in New York State can now obtain a Divorce without litigating issues, and without their spouse being able to prevent the Divorce for some other reason

5) How Do Grounds for Divorce Work in NYS?

• The Grounds for Divorce is the basis for the granting of the actual Divorce, and those Grounds are contained in New York statutes
• The Fault basis for Divorce includes abandonment, cruel and inhuman treatment, and adultery
• The No Fault basis simply requires the sworn statement of one spouse that the marriage has irretrievably broken down for a period of 6 months or longer

6) How Do Fees Work in a Divorce Case?

• You can seek, through the court, a request for Attorney’s fees to be paid by the moneyed spouse
• The legislature created a reputable presumption that allows the non-moneyed spouse to be presumptively entitled to an award of Attorney’s fees
• The first thing that the court considers is the disparity in the party’s income because there has to be a moneyed spouse, and a non-moneyed spouse for it to be paid

7) What Information Does My Attorney Need If I Want a Divorce?

• Your Attorney is going to ask you questions about the history of your marriage, when you were married, how many children you have, where else you have lived, who cares for the children, and who else has cared for the children
• You should bring tax returns, stock accounts, pensions, and bank account information to your first meeting

8) What is an MOU (Memorandum of Understanding) in New York State?

• This is the document that your mediator prepares an agreement at the conclusion of the mediation
• It is a notice of all of the issues that you addressed and agreed upon in mediation

9) Can My Spouse Get Access to a Bank Account My Parent’s Put My Name On?

Your spouse could make a claim to get access but will most likely not be granted access unless you have transferred money secretly from a joint account. I advise clients as a Saratoga Divorce Lawyer that if the account only has your money or a parent’s then your spouse will have no access.

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