4 Divorce Facts

Are you going through the divorce process and seeking legal assistance? Read these 4 divorce facts, then call our Buffalo divorce attorneys.

No Fault Divorce

  • 4 Divorce FactsSince 2010, New York State has had no-fault divorce laws.
  • Rather than being forced to make allegations of wrongdoing against the other spouse, one party need only allege that the marriage has been irretrievably broken for at least six months.
  • It is no longer necessary for one party to point a finger at the other and say, “She was cruel to me,” or “He abandoned me,” or “He committed adultery.”
  • New York’s no-fault divorce is the way most divorces now proceed.

Uncontested Divorce Vs. Contested Divorce

  • Most of our clients anticipate an uncontested divorce, but they don’t always end up that way.
  • The term, uncontested divorce, means the two parties have had some general discussions on major issues and neither spouse objects to the divorce. Nor will the served spouse hire a lawyer to negotiate issues of child access and support and division of property.
  • In a contested divorce, after the papers are served, the recipient hires a lawyer to answer the summons. Then, the attorneys for both parties discuss the issues and, if necessary, participate in court intervention.
  • The process is designed to assist the parties in arriving at resolution, whether by agreement or after a hearing.

Separation Agreements

  • A normal separation agreement is a 10- to 40-page (or even longer) document which addresses all of the parties’ issues – the same issues as those dealt with in a divorce. It will address the divorce itself, as well as the issues of custody, support and health insurance for the couple’s children.
  • It will set forth the terms of support between the spouses and settle issues with regard to jointly held property – whether it’s the house, motor vehicles, bank accounts, or joint debts.
  • That all-encompassing agreement will touch upon – and reduce to writing – all the issues that must be decided in a divorce. It is signed by both parties and filed in the county clerk’s office.

Serving Your Spouse with Divorce Papers

  • The first step is filing the summons in the clerk’s office, after which the attorney will hire a process server to take the summons and physically hand that paperwork to the other spouse.
  • If the husband and wife are getting along, the other person is invited to pick up the papers – and thereby save the fee that would go to the process server.
  • If that’s not possible, a process server will serve the other party with that summons.

Are you ready to start the divorce process and need legal assistance? After reading these 4 divorce facts, contact our dedicated Buffalo Divorce Attorney Michael Ranzenhofer for guidance.

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