Shorten the Divorce Process by Waiver

On October 5, 2012, in Divorce, by Jason Mays, Esq.

Shorten the Divorce Process by Waiver

Shorten the Divorce Process by Waiver

In almost any court proceeding, defendants have 20 to 30 days to answer a complaint.  This is even true for uncontested divorces.  Even though both spouses may consent to the divorce, and even agree on terms, one spouse will have to initiate the divorce proceeding by filing a complaint with the court.  In an uncontested divorce, the defendant may not want to answer the complaint.  Since the parties have already agreed to the terms of the divorce, the defendant has no reason to challenge the divorce.  But since a defendant has 20-30 days to answer a complaint, there is an unnecessary delay in the process.  The defendant can eliminate this waiting period by waiver and allow the case to proceed more quickly.  This waiver can be made in the defendant’s affidavit, which is to be filed with the divorce.

Divorce Attorney in Mineola

If you would like to speak with an attorney about expediting a divorce case, The Law Firm of Vaughn, Weber & Prakope, PLLC can help.  Call our office at 516-858-2620 today to schedule a free consultation.  We are located in the heart of Long Island at 393 Jericho Turnpike, Suite 208, Mineola, NY 11501.

Governor Signs No-Fault Divorce Bill

On August 15, 2010, in Divorce, Family Law, Message/News Board, by Robbie L. Vaughn, Esq.

Governor Signs No-Fault Divorce Bill

Governor Signs No-Fault Divorce Bill in New York

Press Release

….Governor Paterson also signed into law a package of four bills that would bring significant reform to New York’s outdated divorce laws. In particular, the Governor signed into law A.9753A/S.3890, which would make New York the last State of the fifty to adopt no-fault divorce. The bill would end the requirement that a party seeking a divorce had to claim one of a limited set of reasons as the basis for doing so, a rule that forced parties to invent false justifications, and that prolonged and aggravated the painful divorce process.

The reform package also included legislation that would revise the process for setting awards of temporary maintenance while a divorce is pending, by creating a formula and list of factors that would presumptively govern such awards (A.10984/S.8390 and A11576/S.8391). This would allow for speedy resolution of the maintenance issue, and prevent less well-off parties to divorce proceedings from falling into poverty during litigation, because they lack the resources to obtain a temporary maintenance order. Another bill (A7569-A/S4532-A) would create a presumption that a less monied spouse in a divorce case is entitled to payment of attorneys’ fees. Under current law, a party that cannot afford to secure representation in a divorce proceeding must make an application for fees at the end of the process, which can force a poor individual to proceed without a lawyer, or to surrender on important issues due to lack of means. These bills received strong support from women’s groups, advocates for victims of domestic violence and legal aid organizations.

“Finally, New York has brought its divorce laws into the twenty-first century,” Governor Paterson said. “These bills fix a broken process that produced extended and contentious litigation, poisoned feelings between the parties and harmed the interests of those persons – too often women – who did not have sufficient financial wherewithal to protect their legal rights. I commend the sponsors on providing a real and effective legislative solution to a problem that has for too long bedeviled ordinary New Yorkers.”

Please see our earlier post on this issue (No-Fault Divorce: Not as Easy as it May Sound).

If you have any further questions about this new development in New York Law, please feel free to contact the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 today!

Click here to read the entire press release

Click here to read the no-fault divorce bill

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