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July 20, 2010
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Divorce Process Made Easier For New Yorkers Without Attorneys

NEW YORK - With the Unified Court System’s new Uncontested Divorce Packet, New Yorkers seeking an uncontested divorce without the assistance of an attorney will have an innovative new tool to help them. The comprehensive new packet, announced today by Chief Judge Judith S. Kaye and Chief Administrative Judge Jonathan Lippman, is designed to simplify the complex legal process for self-represented litigants seeking uncontested divorces that do not involve children. It features user-friendly graphics and design with plain language step-by-step instructions and practice forms.

The Uncontested Divorce Packet was created by Administrative Judge for Matrimonial Matters Jacqueline W. Silbermann, in collaboration with Deputy Chief Administrative Judge for Justice Initiatives Juanita Bing Newton, after recognizing the need for a more user-friendly resource for the large number of self-represented litigants seeking uncontested divorces. Approximately 50,000 uncontested divorces are filed each year in New York, many by litigants without attorneys.

“We expect this new packet, with its user-friendly format and easy-to-read instructions to be a tremendous help to people without attorneys,” said Judge Lippman. “New York’s divorce process can be complicated, even when no children are involved, and self-represented litigants could easily become confused or feel overwhelmed. This new booklet leads litigants by the hand, step by step, through the whole process, preparing them to complete the required forms. In this way, the new uncontested divorce packet can hopefully help lessen the stress of what for many might already be a very trying period in their lives.”

“Clearly, given the complexity of the divorce process, it is always best to have legal representation and the packet indicates this throughout,” said Judge Newton. “However, for a large percentage of those seeking an uncontested divorce, this is not an option. The packet was designed for those litigants, the self-represented, with the goal to make the process easier to understand through user-friendly graphic designs and plain language instructions. In this regard, I am extremely grateful to Rick Ross, Executive Director of Strategic Planning Initiatives, who has devoted countless hours working tirelessly on this project.”

Justice Silbermann added, “Everyone benefits from simplicity and clarity, and that’s what we aimed for in the new packet—breaking down the complex into easy-to-follow steps for those unfamiliar with the courts. I want to thank the Committee on Matrimonial Practice and especially their Subcommittee for Uncontested Divorce Forms, which comprised many of the most experienced clerks from across New York State, for their labors and dedication.”

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Did You Know?    
 
 
In divorce actions, mediators often are involved in custody and visitation disputes.
In some jurisdictions (particularly large urban areas), courts require mediation of custody and visitation disputes. The mother and father must talk with a court-appointed mediator to try to resolve the problem before putting their case before a judge. The mediator cannot force a resolution, but the parties can be told to try mediation before coming to court to ask a judge to decide the issue.

 


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Divorce Terms

 


Today's Terms

Residual Physical Custodial Rights

Definition:
A custody agreement when one parent is awarded visitation by a pre-arranged schedule worked out between the parents or the courts.

Temporary alimony

Definition:
A type of alimony payment that is made to one spouse pending separation or divorce proceedings.

Age of Majority

Definition:
Attained upon one's eighteenth birthday. However, a child support order will remain in effect beyond attainment of eighteen as long as the child continuously attends an accredited high school on a full time basis, the child is determined to be mentally or physically disabled by the court, or both parents have agreed to continue support after the age of 18 and it is incorporated in a divorce decree.

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Divorce Hot Topics

 
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