LAW OFFICE OF BECKY CARUSO, ESQ.
Providing legal representation in Binghamton, New York and the surrounding areas of
Endicott, Johnson City, Vestal, Owego and Broome, Tioga, Chenango, Chemung, Cortland and Delaware Counties
HOW LONG WILL IT TAKE TO BE DIVORCED?
This is the number one question that I am asked. Once my office has received your information and payment, I immediately begin your divorce. I prepare the documents and make all of my submissions promptly. However, there are other matters beyond my control which help to determine the length of time it will take before you receive your divorce decree:
- The length of time it takes for the County Clerk to issue an Index Number
- The amount of time it takes for your spouse to sign and return the documents I serve
- The time it takes for the County Clerk to process the RJI Request and Note of Issue
- The amount of time it takes for the Court to sign the Judgment of Divorce
DO I NEED GROUNDS FOR A DIVORCE?
You no longer need grounds for a divorce in New York State. You may now file a “no fault” divorce which is termed “Irretrievable breakdown in relationship”.
WHAT IS A SEPARATION AGREEMENT?
- A Separation and Property Agreement specifies the terms of your separation or divorce. For example an Agreement usually addresses the following issues:
- Custody and Visitation of the minor children
- Support of the minor children
- Division of Marital Property (both real property and monetary assets)
- Determination of Separate Property and Marital Property
- Pension or Retirement Rights
Such an Agreement may be used if you and your spouse simply want to separate and are not prepared to actually divorce, or it may be used as the basis for a divorce agreement.
IF WE SIGN A PROPERTY AND SEPARATION AGREEMENT, DO WE HAVE TO WAIT ONE YEAR BEFORE WE DIVORCE?
No, you do not have to wait one year before filing for a divorce. And you do not have to actually separate if you plan to file for a divorce immediately.
Most people seeking a divorce will obtain a Property and Separation Agreement and then immediately file for a divorce. The Agreement becomes the actual divorce settlement.
WHAT ARE THE RESIDENCY REQUIREMENTS TO BE DIVORCED IN NEW YORK?
There are a few ways to meet the residency requirement of New York State:
Either you or your spouse have been living in New York State continuously for at least two years before the divorce case is started;
Either you or your spouse have been living in New York State continuously for at least one year before the divorce case is started and (1) you got married in New York State, or (2) you lived in New York State as a married couple, or (3) the grounds for your divorce happened in New York State;
Both you and your spouse are residents of New York State on the day the divorce is started and the grounds for your divorce happened in New York State.
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Mutual Consent-Uncontested Divorce
Divorce and Separation Agreements
Grandparent Visitation or Custody
Real Estate Closings
P.O. Box 126
Kirkwood, New York 13795
The Law Office of Becky Caruso, ESQ.
6 Washington Ave.
Endicott, New York 13760
(by appointment only)
Monday-Friday : 9:00am - 5:00pm
Toll Free: 1.888.275.0877