Legal Question in Family Law in New York
questions about divorce
Me and wife have to go for a divorce, and I have agreed to pay whatever child support I have to pay legally. We both have a job, and we both make almost the same amount every week.
Can someone please let me know what is the time frame between filing and finalisation of divorce ? Also do I need to support her financially (like paying her rent ?) till the divorce is finalised or can I stop paying the rent once I file for divorce?
3 Answers from Attorneys
Re: questions about divorce
There are essentially two (2) Divorce Calendars, Contested and Uncontested. The Uncontested Calendar is fastest.
If you and your spouse negotiate a "Final" Settlement Agreement, with assistance of your lawyers, (of all issues of your divorce, including but not limited to child support, visitation and any and all other financial and ancillary issues of your marriage), you can place your case on the Uncontested Divorce Court Calendar to expedite completion of your divorce.
In the INTERIM, (pending your divorce) you can also Agree, in a writing, with each other, how your Outstanding Joint obligations, will be addressed, by the two of you.
If, as indicated, your incomes are equivalent, it would appear that you each should be separately responsible for the payment and maintenance of your "separate" households.
Good luck,
Re: questions about divorce
In the Bronx, the waiting period varies tremendously depending upon whether your divorce requires the court to resolve any issues or whether it's uncontested. If it's uncontested, it will take only a few weeks from filing the final paperwork until you have a divorce decree.
However, if there are unresolved issues, there can be substantial delays.
The degree of financial support you give your not-yet-ex is dependent upon a negotiation between the two of you, or your lawyers.
Re: questions about divorce
There is no law stating that you must continue to pay. However, if you have been the bills or a major portion of them, she may request maintenance to continue some support for helping her to pay the bills. Whether that application would be granted would be based on several factors, one being the amount of child support she would be getting. If you are sure she isn't going to contest the divorce, then the process can take a few months, depending on several things, including the court's calendar.