Doguctions, Collateral, and Deeds For Divorce and Other Matters

What exactly are deeds and divorce? These are terms that are used in NY when one spouse applies for divorce. This type of filing is the precursor to a final judgment and it can be quite a lengthy process. Many times, it will take two years or more to reach a decision on this matter. To begin with, both spouses must be enrolled as alimony payers in an ex-spouse's bankruptcy. This must be done before the divorce court will make any decisions about any assets that must be distributed. When you face both divorce and foreclosure, learn more about wrongful foreclosure elements or contact a professional for help.

What happens in this type of filing?

After the divorce decree is signed by both spouses, an order will be placed in the court registry that will allow a Deed of Divorce to be recorded. The name of the person that is responsible for paying the alimony payments is mentioned on this document along with the amount of money that must be paid. In some instances, a short description of the specific duties that will be performed will also be included. This information will remain private and confidential between both parties until the final judgment has been made.

It must be noted that the actual legal process for dividing up and distributing alimony payments may be different from state to state. However, most all courts follow the same general principles when deciding who will be ordered to pay what. The first step that occurs in this type of case is a motion to vacate the previous divorce decree. This motion is made by the party that wants to end the marriage and is based on certain grounds such as cruelty, desertion, mental incapacity, adultery, separation, abandonment, continuous abuse, or the filing of false charges against the other spouse.

Another step occurs in this type of filing when the court will issue a writ of default. This refers to a notice that states that either party has failed to comply with the provisions of the divorce decree. The writ of default will be effective immediately and will require that the parties submit proper proof as to why the marriage should be dissolved. Usually, this proof comes in the form of deeds of trust that name both parties to be responsible for any debts or liabilities listed in the document. These types of deeds and trusts are usually filed along with divorce decrees.

After the plaintiff and defendant have completed the collection of appropriate deeds and mortgages, they must submit their proofs of financial responsibility. If the plaintiff is the owner of the house, he can submit a mortgage deed register deed if he owns a lien on the property. If the plaintiff is the owner of the property, he can submit either a deed of trust or a qualified lender's statement. If neither the plaintiff nor the defendant is named on the deed, they will need to file a verified statement from a financially responsible person such as a certified public accountant. This statement must include a thorough list of all debts and obligations.

Once all of these documents are received and reviewed, a clerk will be selected to review and signature process. If there are any errors or omissions in the paperwork, they will be corrected before a new deed is submitted to the district court. Once these documents are approved and signatures are obtained, the case will move forward. At this point, the plaintiff may request a certificate of ownership stating that the house was legally purchased at the county court.

When the plaintiff and defendant have reached an agreement to settle their case, they must submit their final plan to the district court for approval. If the plan is approved, an official receipt will be issued as proof that the paperwork was submitted to the right person. Then the case will proceed to trial. If either party disputes any part of the settlement or the terms of the reformation plan, it will be necessary for the plaintiff or the defendant to file a motion to the court requesting a summary of the matter.

In NY, if one party is seeking damages for breach of contract and another party is defending against the same claim, the plaintiff may ask the court to order an auction sale of the property to pay the damages. The plaintiff would use the proceeds from the sale to offset his or her attorney's fees. In addition, to avoid expensive divorce settlements, couples may also consider filing a joint lawsuit in county court to eliminate their separate filing fees. In most counties, the clerk of court will forward a copy of the complaint and its attachments to the parties. This will allow each party to decide whether to opt for a summary of the matter or take it to court.