Macedon, NY asked in Divorce for New York

Q: how do I begin asking for a divorce. My husband has been verbally abusive for a long time now and I have had enough. I w

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2 Lawyer Answers
Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: The best course of action is to have a consultation with an attorney and then retain one to guide you through the process and file all the necessary papers with the court and represent at all stages of the proceedings. You do not need your husbands agreement or permission to start a divorce.

Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Commack, NY
  • Licensed in New York

A: There are basically two types of divorces, contested and uncontested. In an unconstested divorce, the parties agree on everything (custody, support, assets, etc.) and an agreement is drafted and signed by the parties and submitted to the court with other legal documents. The best way to start that process is to talk to your spouse and see if you can agree on these things. If this is not dsoable, then you can have a contested divorce, where you do not need his consent. He is served with papers to reply to the court. If there can not be a settlement of the issues, it will be brought before a judge. You will need to exchange discovery of your finances and other relevant documentation, and constantly go back to court until the case is settled or you have a trial. Either way you will need an attorney to explain your rights and move the case to a proper resolution.

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