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• Matrimonial Case
• Set-up of a Corporation
Matrimonial Case
What Is An Uncontested Divorce?
An uncontested divorce occurs when: (a) 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 (b) your spouse either agrees to the divorce, or fails to appear in the divorce action.
You may sue for divorce thinking that the proceeding will be uncontested, but discover later that your spouse has decided to contest ("fight") the case. If this occurs, you may wish to consult an attorney. Our experienced attorney will help the clients to appear in the court and solve the contested divorce. Please contact our law firm for detail information.
Filing For Divorce
(Note: the following procedures apply to an annulment, limited divorce, and absolute divorce matters.)
To begin a legal action, the attorney for the party seeking a divorce, the plaintiff, files a complaint with the court. The complaint includes information like the following:
- when and where the marriage took place;
- the names and ages of the children;
- how long the plaintiff has been a resident of the state and his or her place of residence;
- the grounds for divorce; and,
- the specific relief the plaintiff is requesting.
When seeking financial relief such as alimony or child support, a statement of your income and expenses must also be filed.
A copy of the complaint, along with a summons, will then be served on the other spouse, the defendant. Service can be accomplished either by certified mail, or private process. The defendant will then have a period of time to file an answer responding to the complaint. If the defendant is within the state of New York, the time period will be 30 days from the date the defendant was properly served with the summons and complaint. If the defendant lives outside of the state, the defendant will have a longer time to respond.
In the answer, the defendant can admit or deny the charges made in the complaint. The defendant can also file a counter-complaint for divorce on his or her own grounds.
After the defendant files an answer, the next step depends on whether the case is contested.
If the defendant does not file an answer, the plaintiff’s attorney may file a request for a default judgment, along with a military affidavit. If the plaintiff served the defendant correctly, the order of default will likely be granted. At that time, the plaintiff can proceed as if the case were uncontested.
However, at any time prior to the court entering a final judgment, the defendant can file a motion to vacate the default judgment. The judge will then determine if any good cause exists for doing so.
If you have any question, please contact our law firm for further detail information.
Set-up of a Corporation
Many new immigrants come to the United States hoping to one day realize the American dream. They are willing to work very hard so that their children will be able to benefit from their sacrifices. This is what drives many of the immigrants coming to this country. Although some of these immigrants wind up working for companies, many dream about owning their own business and becoming financially independent. The entrepreneur would rather work for himself, set his own hours, and reap all its rewards. However, before the entrepreneur forms his business, he must first realize that that there are several types of business forms out there.
There are essentially four types of business entities to choose from:
Choosing the right type of business enterprise is one of the first decisions that a potential business owner comes across. The choice of entity for a particular business depends on many factors. Whichever form of business is chosen may have a great impact on the success of the business. The structure chosen will have an effect on how easy it is to obtain financing, how taxes are paid, how accounting records are kept, whether personal assets are at risk in the venture, the amount of control the "owner" has over the business, and many other aspects of the business. Keep in mind that the initial choice of business organization need not be the final choice.
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