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Commonly Asked Questions about No Joint Property Divorce Papers

New York is an equitable distribution state, which means that each spouse is entitled to a fair share of assets, including real property. In an equitable distribution, assets do not need to be divided 50/50 but in a manner that allows both spouses to share in the marital investments.
Instead, New York follows the rule of equitable distribution in divorce. That means that judges will distribute a couples assets and debts based on whats fair under the circumstances of each case. Fairness doesnt necessarily translate to a 50/50 split, which is the goal in most community property states.
Although you can complete a divorce without your spouses consent, you must take steps to notify him or her of your intention to divorce. If you cannot locate your spouse, you can still file for divorce, but only after you have taken steps to attempt to locate and serve him or her with the divorce papers.
For marriages that last up to 15 years, alimony payments will be made for roughly 15-30% of the length of the marriage. For marriages that lasted 15-20 years, alimony payments will be made for roughly 30-40% of the length of the marriage.
New York courts must divide the marital property equitably. That means fairly, considering the circumstances of the case and of the parties involved, but it does not necessarily mean equally. There is no statutory requirement of a 50/50 split of marital property.
Coping With Separation And Divorce Recognize that its OK to have different feelings. Give yourself a break. Dont go through this alone. Take care of yourself emotionally and physically. Avoid power struggles and arguments with your spouse or former spouse. Take time to explore your interests. Think positively.
A Deemed Service application is where the other party has not responded to the divorce application through filing an Acknowledgement of Service form. The Applicant can apply for deemed service for a Court Order to state that the application is deemed to have been served. What happens if my spouse does not acknowledge divorce papers? thorntonjones.co.uk blog what-happens- thorntonjones.co.uk blog what-happens-
How Are Assets Split in a Divorce in New York? The division of assets follows the laws of equitable distribution. Under this type of settlement, spouses are not entitled to a 50/50 division but an equitable division. In a 50/50 division, both spouses would receive the same amount of assets.