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RESOURCEs

Links
    1. HudsonValleyDivorce.com www.hudsonvalleydivorce.com  Your resource for separation and divorce experts located in Ulster, Dutchess and Orange counties.

    2. Institute for Divorce Financial Analysts www.institutedfa.com

    3. New York State Dispute Resolution Association, Inc. www.nysdra.org  Information on mediation and mediators with a searchable directory

    4. International Academy of Collaborative Professionals www.collaborativepractice.com

    5. Ulster County Collaborative Divorce Professionals  http://uccdp/blogspot.com

    6. New  York State Unified Court System — Matrimonial Matters http://www.courts.state.ny.us/ip/matrimonial-matters/forms.shtml

Glossary
    1. Action  A lawsuit or proceeding in a court of law.

    2. Affidavit  A written statement of facts, made under oath and signed before a notary public or other officer who as the authority to administer oaths.

    3. Alimony  See Maintenance. Same as spousal support.

    4. Child Support Providing financial support for children. In New York, parents are legally responsible for supporting their natural or legally adopted children until they reach the age of 21. The support obligation includes food, clothing, shelter, medical care, health insurance, education and other reasonable expenses such as child care.

    5. Child Support Standards Act (CSSA)  An agreement for child support must satisfy certain guidelines provided under CSSA. The formula for calculating support is based on a percentage of the combined parental income. One child – 17%, two children – 25%, three children – 29%, four children – 31%, five or more children – 35%+.

    6. Collaborative Law  A method employed by the parties and their attorneys to resolve conflict using cooperative strategies rather than adversarial techniques. In collaborative divorce, all parties including the attorneys sign an agreement to resolve the matter outside of court, however, if the collaborative effort fails the attorneys for both parties must withdraw.

    7. Complaint  Title to given to the initial document filed in an action, which sets forth the facts and allegations of the case and requests the court to grant whatever the plaintiff asks for.

    8. Community Property  New York State is an equitable distribution state. Currently, eight states are community property states and these are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

    9. Conference  A meeting with the judge, often informal, to discuss the issues of the case.

    10. Contested Divorce  A case where the court must decide on one or more issues where the parties cannot agree.

    11. Custody  The authority to make decisions on behalf of a child concerning medical, health, educational and welfare needs (legal custody) and the authority to maintain physical control over a minor child (physical custody).

    12. Defendant  The person served with a  Summons and Complaint.

    13. Deposition  Testimony of a witness or party to an action taken out of court but under oath and put in writing.

    14. Docket  The list or calendar of court cases.

    15. Equitable Distribution  New York State is an equitable distribution of property state. Equitable distribution considers marriage to be an economic partnership and that assets acquired during the marriage (marital property) are the product of the partnership to be divided when the marriage ends. Equitable means that assets are divided fairly in consideration of all of the facts of each marriage. Equitable does not necessarily mean equal.

    16. Grounds  The reasons for divorce. In New York, grounds may include one of the following — abandonment, adultery, confinement in prison, cruel and inhuman treatment or separation.

    17. Hearing  A proceeding held before a judge where legal arguments and/or testimony are presented.

    18. Index Number  An indentifying number the court assigns to your case to distinguish it from others.

    19. Joint Property  Property held in joint title or listed in the names of more than one party.

    20. Maintenance  Previously referred to as alimony and sometimes referred to as spousal support where payments of support are made from one spouse to another. Payments may be periodic or lump sum, temporary or permanent, and depend on many factors including length of the marriage and the age and health of the parties, current and future income capacity of the parties and a host of other factors.

    21. Marital Property  Accumulated income and property acquired by the spouses during the marriage that is subject to equitable division during divorce.

    22. Mediation  An objective, neutral third party (mediator) meets with the spouses to negotiate some or all of their divorce.

    23. Memorandum of Understanding (MOU)  An agreement between the parties resulting from Mediation outlining the understanding they have reached in regard to property, maintenance, child custody and support. The MOU will often become the Separation Agreement and used to file for uncontested divorce after one year of abiding by its terms.

    24. No Fault Divorce  A divorce request without showing that one of the parties was guilty of some type of misconduct. Finally approved in New York in 2010, no fault divorce is now available. Previously, the only way to obtain a no fault divorce is to live apart and abide by the terms of a Separation Agreement or court order for one year. Some parties may still opt to file a Separation Agreement and later file under No Fault.

    25. Qualified Domestic Relations Order (QDRO)  An order from the court usually drafted by an attorney or pension consultant to the plan administrator of a retirement plan spelling out how the plan’s benefits are to be assigned to each party in a divorce.

    26. Separate Property  Usually property that is owned prior to the marriage and/or property received during the marriage through inheritance, gift or settlement for personal injury.

    27. Separation Agreement  A written agreement between separating spouses that spells out the understanding they have reached in regard to property, maintenance, child custody and support. By living apart for one year under the terms of the Separation Agreement, the files may then file for divorce without alleging any grounds.

    28. Spousal Support  See Maintenance

    29. Statement of Net Worth  A document completed by both spouses outlining their income, assets and  liabilities.

    30. Stipulation  An agreement, usually in writing, between the parties stating that  a certain fact may be considered true or that a particular procedure may be followed in court.

    31. Subpoena  A document served upon a person who is not a party to the action, requiring him/her to appear or give testimony at a deposition or hearing.

    32. Summons  A document served upon the defendant to provide legal notice of the divorce and the time limit for giving a response.

    33. Uncontested Divorce  A divorce in which the parties agree not to argue their case in court. Simplest way is to prepare a Separation Agreement, which is then incorporated into the divorce action.

    34. Visitation  The authority to see a minor child regularly and often in accordance with a prearranged schedule.