In New York, the Verified Complaint is the legal document that formally initiates a divorce case. When filing for divorce, many people wonder if it’s possible to file a Verified Complaint without addressing financial matters or child custody issues. The answer is yes you can file for a divorce in New York without including financial or custody issues in your Verified Complaint. However, whether this is the best course of action depends on your situation and future plans.
Grounds for Divorce in New York
To begin, a Verified Complaint New York Divorce must state the grounds for divorce. New York is a no-fault divorce state, meaning you can simply claim that the marriage has been irretrievably broken for at least six months. Alternatively, you may choose to file on fault-based grounds such as abandonment, adultery, cruel treatment, or imprisonment. Regardless of the grounds, you can file for divorce without delving into financial or custody issues right away.
Divorce vs. Ancillary Issues
A divorce case can be divided into two main components: the dissolution of the marriage and the ancillary issues such as division of property, spousal support, child custody, and child support. New York law allows you to request a judgment of divorce solely to end the marriage, without immediately resolving these ancillary matters.
By filing a Verified Complaint that focuses only on obtaining the divorce itself, you are essentially asking the court to dissolve the marital relationship without making any determinations about finances or children. This approach might be beneficial in situations where the spouses agree on the divorce but need more time to negotiate other issues, or when they want to avoid court battles over finances or custody in the early stages.
Post-Judgment Proceedings for Financial and Custody Matters
If you do not address financial or custody issues in your initial Verified Complaint, you still retain the right to file separate motions or petitions to resolve these matters later. For instance, after the divorce is granted, either party can return to court to seek rulings on property division, spousal support, child custody, and child support. However, it’s important to note that if you remarry before addressing these issues, you may forfeit your right to pursue certain financial claims, such as equitable distribution of marital assets.
When It’s Beneficial to Include All Issues from the Start
While it is possible to file for divorce without including financial or custody matters, it is often more efficient to address all issues in the initial Verified Complaint. Doing so allows the court to handle everything in one case, which can save time, reduce costs, and avoid the need for multiple court appearances. If both spouses are in agreement on the terms of the divorce, they can file an uncontested divorce, which may streamline the process even further.
Filing for divorce without including financial or custody issues in the Verified Complaint is an option in New York, but it may not be the most practical approach in all cases. If you and your spouse are amicably resolving these issues or need more time to negotiate, you may choose to file a Verified Complaint that focuses solely on ending the marriage. However, if you want a complete resolution of all marital matters, it is generally best to include financial and custody issues from the start.
As always, it’s advisable to consult with a family law attorney to determine the best strategy for your particular situation.
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