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#771556 - 03/07/16 01:54 AM Financial disclosure in New York State divorce
Butasan Offline

recently joined

Registered: 03/07/16
Posts: 3
Hello all. Glad to have found these forums.

My question: my wife and I are considering a divorce in New York State. The divorce would be completely amicable and uncontested, and ALL financial and property matters have been agreed to between the two of us. As part of our agreement, I will pay her a sum for her share of the marital home as well as other considerations that we have spelled out in the agreement. We do not wish to disclose our finances to each other or to anyone else and will sign waivers to that effect. However, a new law in NY requires us to disclose our incomes to the court. The problem is that my wife currently only works part time and therefore her income is significantly less than mine.

Will the court allow this uncontested agreement to stand or is it possible they will reject it based on her low income? There are no children and my wife does have sufficient financial resources. I have heard that this is highly unlikely but want to be armed with as much knowledge as possible. Also, if the court for some reason were to reject our agreement, would the judge impose conditions or would it simply be sent back to us to "try again"? We would like to do this as "DIY" as possible. Thanks in advance.

#771557 - 03/07/16 04:38 PM Re: Financial disclosure in New York State divorce [Re: Butasan]
TJMH Offline


Registered: 07/17/15
Posts: 349
Declarations of financial disclosure are probably mandatory but how complete and accurate they need to be probably depends on what the other party is willing to accept--so if you do a minimal disclosure and your wife doesn't protest the court probably won't care, and vice versa with her disclosure to you.

As for your agreement I'm not a lawyer but I believe that if you present a settlement that both of you agree with and there's no evidence of coercion on either side I don't think the court will question it.

#771558 - 10/07/16 04:40 AM Re: Financial disclosure in New York State divorce [Re: Butasan]
veronica123 Offline

recently joined

Registered: 10/07/16
Posts: 22
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#773805 - 07/07/17 10:23 PM Re: Financial disclosure in New York State divorce [Re: Butasan]
QDRO Instructor Offline

Registered: 06/17/17
Posts: 77
Another option is that if your divorce is uncontested you could have a paralegal prepare all of your documents for you at a much affordable rate. Property division could also be handled. Independent Degreed Paralegal, notary public and Member of the National Notary Association with experience in Family law, Real Estate Law and property division. I prepare uncontested divorce documents, QDROs, and division of IRAs. I have 100% acceptance rate with plan administrators. I am not an attorney, and therefore, cannot give legal advice. However, I can prepare the necessary documents along with the tax advantages/disadvantages and then allow you to decide which route you would like to take. Please see my LinkedIn page Flat fee for uncontested divorce document preparation $350. Flat fee for property division document preparation $350.


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