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What you need to know
Even though the relationship between you and your spouse has changed and you may no longer be living together, until you are legally divorced, you are still married. The legal ramifications of being married vary from state to state, but generally speaking, until you are divorced you and your spouse have certain rights and obligations to one another. In general, until you are divorced not only can you not remarry but also anything you obtain may be subject to a claim of ownership, in whole or in part, by your spouse, and the future ownership of assets and property already obtained may be unclear.
New York Divorce Laws (Grounds, Filing Process, Property, Support, Custody)
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Hire a New York Divorce Lawyer or MediatorIf your divorce is contested and/or you need legal advice, you will most likely be hiring a divorce Lawyer or Mediator to begin your New York divorce proceedings. All it takes is making a phone call to set up an initial consultation, which is often offered free of charge.
In order to qualify for a New York uncontested, "no-fault" divorce, both parties must agree to the divorce, division of all marital assets, debts, property, custody of the minor children, support for the minor children and spousal maintenance. In an uncontested divorce, the defendant can be served but if he or she does not answer the complaint in divorce then the plaintiff can seek a default judgment in divorce. The defendant can also waive his or her right to answer the complaint.
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