Filing for Divorce
Are you considering divorce and have questions about what is required from you to begin the process of filing for divorce? Watch this video by experienced Jamestown divorce lawyer Scott Humble to learn more about what is required to begin the process of divorce in New York.
When clients come in, we go over what is needed to go and actually file the divorce. We’ve got paperwork, and a list, and that kind of stuff. Essentially, it comes down to everything related to finances, whether it’s income with pay stubs; tax returns; assets, as far as titles to the house, the deed; titles to vehicles; titles to whatever. Then we get into retirement accounts, investments, and all kinds of stuff like that – checking accounts, savings accounts. It’s all financial, really, when it comes to documentation. You have to look at divorce in two parts.
There is the first part: whether or not you can get a divorce. Now that New York State has no-fault divorce, anyone can get a divorce after six months of not getting along and sign the affidavit or ordered to testify in court, and that part of the divorce is granted. The court calls that a bifurcated divorce because the first part is actually getting the divorce and the second part is the finances. The way I like clients to look at the finances is that it’s a partnership. It doesn’t matter who went to work and who stayed home, or who made more money, who made less money – whatever the case may be. That’s kind of something you guys, when you’re married, you agreed to. Whether it was verbally or not, it’s an agreement. The courts look at that and say, gee, that’s a partnership and anything that came into the marriage – there are exceptions, but – is going to be split 50/50.
There are exceptions. The exceptions would be, for example, a gift. Your father or your mother passed and gave you something specific, let’s say it’s an antique, that is something that is separate property. Also, usually what is considered a separate property as well is a personal injury type of compensation, whether it’s through civil litigation, or workers’ comp or disability. If there’s a lump sum, that can be considered separate property. Once you go and put it into a joint account, it becomes commingled and then it is, generally speaking, marital property to be divided.
Are you considering divorce and have questions about what is required to begin the process of filing for divorce in New York? Contact experienced Jamestown divorce lawyer Scott F. Humble for a free confidential consultation. Let his 30+ years of experience work for you.