New York State Divorce Procedure
Terms Everyone in the New York State Divorce Procedure Industry Should Know
Here’s a list of essential terms that everyone in the New York State divorce procedure industry should know. These terms are foundational for navigating the complexities of divorce cases and ensuring effective communication with clients and colleagues:
1. Separate Property
Assets owned by a spouse before marriage or acquired during marriage through gift, inheritance, or specific legal agreements. Separate property is not subject to division.
2. Maintenance (Alimony)
Financial support paid by one spouse to the other after a divorce to help the receiving spouse maintain a similar standard of living.
3. Temporary Maintenance
Support awarded during the divorce process, prior to the final judgment.
4. Child Support Standards Act (CSSA)
New York legislation outlining the formula used to calculate child support obligations based on income and the number of children.
5. Custody and Visitation
This term refers to the legal and physical arrangements for children's care, including sole custody, joint custody, and parenting time, which was previously visitation.
6. Grounds for Divorce
The legally acceptable reasons for New York State Divorce Procedure, which include irretrievable breakdown of the marriage (no-fault) and fault-based grounds like adultery or abandonment.
7. No-Fault Divorce
A type of divorce where neither party is required to prove fault; they simply state that the marriage has been irretrievably broken for at least six months.
8. Stipulation of Settlement
A written agreement between divorcing parties outlining the terms of their settlement, including property division, custody, and support.
9. Qualified Domestic Relations Order (QDRO)
A court order required to divide certain retirement accounts or pensions during a divorce.
10. Statement of Net Worth
A comprehensive financial affidavit detailing a spouse’s income, expenses, assets, and liabilities, required in New York divorce cases.
11. Collaborative Divorce
An alternative dispute resolution method where both parties and their attorneys commit to resolving issues without going to court.
12. Contested Divorce
A divorce where the spouses cannot agree on one or more issues, requiring court intervention to resolve disputes.
13. Uncontested Divorce
A divorce where both parties agree on all terms, allowing for a faster and less expensive process.
14. Prenuptial Agreement
A legal contract signed before marriage outlining how assets and debts will be handled in the event of divorce.
15. Postnuptial Agreement
A post-marriage legal contract outlines similar arrangements as a prenuptial agreement.
16. Temporary Orders
Court-issued orders during the divorce process that address immediate concerns, such as child custody, support, or spousal maintenance.
17. Default Judgment
A judgment granted when one party fails to respond or appear in court, allowing the case to proceed uncontested.
18. Parenting Plan
A comprehensive agreement outlining the shared responsibilities and decision-making processes between divorced or separated parents for their children.
19. Imputed Income
Income assigned to a spouse by the court based on earning potential rather than actual income, often used in child or spousal support calculations.
20. Discovery Process
The pre-trial phase where both parties exchange information and evidence, including financial disclosures and depositions.
21. Legal Separation
A court-recognized arrangement where spouses live separately but remain legally married, often used as a prelude to divorce cases in new york.
Understanding these terms is essential for anyone working in or navigating the New York State divorce procedure industry, ensuring clarity and professionalism in every case.
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