Divorce legal language

Agreemount services helps with property division.  However we would like to take care of you not only in the matter of dividing your goods!  Let us guide you through this difficult process and learn with us how to divorce! At first we recomend you to get to know some terms:

Alternative dispute resolution (ADR)

ADR is a formal name for processes like divorce mediation or collaborative family law. These out-of-court processes often save time and money.

Contested divorce

A contested divorce is where you and your spouse don’t agree on one or more issues pertaining the divorce and the judge will have to decide them for you.

Defendant

spouse of a person filling for divorce/ the one who defends the lawsuit brought by another/ same as respondent.

DRL

Domestic Relations Law; Updated statutes and codes are available at the New York State Legislature Website

Marital property

It includes all property that you and your husband acquired between the date you got married and the date your divorce case starts. It does not matter whose name is on the marital property. For example, if you bought a car sometime after you were married, even if the car is registered only in your name, it is considered marital property.

  • Examples of marital property:
    pension plans, other retirement plans, annuity, real estate like a house, condo or co-op, 401 (k), 403 (b), IRA, bank accounts, savings account, debt (credit cards, car payments, etc.), car, boat, etc.

Maintenance

(also called spousal support or alimony) is financial support that one ex-spouse gives to another after they get divorced.

Plaintiff

person seeking the divorce/ the party who files the lawsuit.

Separate property

It is a property a spouse owned before the marriage, or any inheritance or personal injury payments or gifts from someone other than the spouse during the marriage.

Other properties are called “community property.”

Statement of Net Worth

It is a form required by the court where you list all of your financial information in detail — income, expenses, assets, property and debts. It is a sworn statement that must be signed in front of a notary public before it is submitted.

Trial

It is a formal court hearing to decide disputed issues raised by the pleadings.

Uncontested divorce

An uncontested divorce is where both you and your spouse agree to divorce and there is an agreement about what will happen to your finances and property after the divorce. Other divorce-related issues (e.g. child custody) must be resolved as well.
In New York State an uncontested divorce occurs when:
1) there are no disagreements between you and your spouse over any financial or divorce-related issues (i.e., child custody and support, division of marital property or spousal support); and
2) your spouse either agrees to the divorce, or fails to appear in the divorce action.