May 4th, 2009
Under the law in NJ, you have the right to represent yourself in a divorce case. Before you file for divorce on your own, you need to talk to your spouse and consider your options: even when you file on your own (pro se), you can choose to use a mediator, who would help you draft your agreement. Your divorce agreement through mediation generally has two stages:
1. A memorandum of understanding- in which the mediator would summarize the things that your partner and you agree upon
2. A marital settlement agreement- which is your memorandum converted into a more formal document which will be filed with the court.
A good mediator would give you precise guidance along the process. The process should typically take 6-10 hours (2-4 meetings). You would be advised to consult with an attorney prior to signing your agreement.
You may also choose to hire an attorney for each of you and embark on a long (and costly) journey to litigation. This is a good option if you believe that your spouse and you are unable to mediate and that your spouse is being dishonest (hiding assets, for example). Do keep in mind,though, that if you have children together, you will be standing together at their graduations and weddings, and as hard as it sometimes may seem, it is always better to separate in good terms-financially, personally and of course, for the sake of your children.
Posted in Divorce in NJ | 4 Comments »
May 4th, 2009
In order to file for divorce in NY, there are two basic requirements:
1. You must satisfy the residency criteria
2. you must satisfy the grounds for divorce criteria set by the state.
In order to satisfy the residency criteria, you need to have either been married in the state of NY with at least one party remaining in the state as a resident at the time of filing for divorce, or that you have resided in NY as a husband and wife at the time of filing for at least one year, or that the cause for divorce occurred in the state and both parties are residents at the time of filing.
The grounds for divorce would need to be one of the following:
1. Cruel and inhumane treatment
2. Abandonment
3. Confinement to prison for a period of three or more consecutive years
4. Adultery
5. Living apart for one or more years prior to the final judgement on the divorce case
6. Living apart for one or more years in accordance with the written agreement of separation
Once the decision is to separate, you may choose to hire an attorney for each of you and embark on a long (and very costly) journey to litigation. This is a good option if you believe that your spouse and you are unable to mediate and that your spouse is being dishonest (hiding assets, for example). Do keep in mind,though, that if you have children together, you will be standing together at their graduations and weddings. and as hard as it sometimes may seem- it is always better to separate on good terms-financially, personally, and of course, for the sake of your children.
Posted in Divorce in NY | No Comments »
