What court do I file for divorce in NY?
What court do I file for divorce in NY?
The Supreme Court of the State of New York is the only court that handles divorce cases, and a Supreme Court judge is the only person who can legally grant a divorce. You should go to the Supreme Court in the county where you or your spouse now live. You cannot get a divorce in Family Court.
What does a financial order mean in divorce?
A financial order is a set of orders made by a court relating to the division of property and can include orders for payment of spouse or de facto partner maintenance. A court can make a financial order based on an agreement between the parties (consent orders) or after a court hearing or trial.
What is the difference between a consent order and a financial order?
A financial order is the only way to ensure that any financial obligations between you and your ex are cut. There are two main financial orders – a consent order and a clean break order. Consent orders are for divorcing couples who have assets to divide and who want to make their Financial Settlement legally binding.
Can I draft my own consent order?
3. Can we write our own consent order? The short answer is no. A consent order is a legally binding document that can be enforced by County Court or Magistrates Court, even High Court, for this and many other reasons a consent order must be written by a qualified solicitor.
Can the court reject a consent order?
In property matters, the Court can only make Orders which it considers to be “just and equitable”. Even where parties consent to the agreement, the Court can still refuse an application where they think that the agreement is unfair or if they thikn that one party should receive more.
