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Matrimonial law

Getting a divorce
InMotion provides free legal services to low-income women who wish to file for a divorce or who have been served with divorce papers by their husbands. We help women obtain both contested and uncontested divorces. We provide free information about the law and what happens in Supreme Court, which is the only court in New York that can grant a legal divorce.

We also advise women about what is likely to happen in their divorce cases and about governmental and private agency resources that may be helpful to them. In as many cases as we can, we provide free volunteer lawyers to represent women in their divorce cases in Supreme Court.

Contested divorces
Your divorce will be contested if either you or your husband:
  • does not want to get a divorce
  • disagree about the grounds (legal reason) for the divorce
  • disagree about what will happen with your children, your property or your finances after the divorce

Because the judge will require detailed information in order to decide the outcomes on the issues you disagree about, your contested divorce will require you and your husband to go to Supreme Court a number of times.

Uncontested divorces
Your divorce will be uncontested if you and your husband both want to get a divorce and you both agree about the grounds (legal reason) for the divorce. You must also agree about what will happen with your children, your property and your finances after the divorce.

How we can help

Pro bono representation from a volunteer attorney
InMotion can find a pro bono (free) attorney to represent you in either a contested or uncontested divorce. There is often a waiting list for pro bono lawyers. Whether and how quickly we can give you a volunteer attorney depends on the complexity of your case and when a volunteer attorney is available to take your case. Unfortunately, we cannot guarantee pro bono representation to all women who reach out to us for help. Learn more.

Free brief services
InMotion staff attorneys and volunteer attorneys can draft (prepare) and file legal papers required to be filed in New York City’s Supreme and Family Courts for contested divorces. Learn more.

Free legal advice and information
If you need to get a divorce—and are eligible for our services—we can give you free legal advice and information to help you understand your rights and the law as it relates to your case and personal situation. Learn more.

Types of matrimonial cases that inMotion cannot assist with

Cannot assist with

Separations or annulments
Learn more.
En Español.

InMotion cannot help you get a divorce if:
  • you do not have legal grounds (reason) for a divorce
  • you do not know where your husband lives or works and cannot locate him
  • your husband does not live in the United States or its territories
   

More information about getting a divorce

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PDF

Getting a Divorce in New York State (PDF format, 23 pages, 116k)
This booklet explains the legal grounds for divorce and what things the judge will consider in making decisions about dividing your property and finances and what responsibilities you and your husband will have for your children in the future. En español.

 
If you are worried about your safety and/or the safety of your child(ren), you can ask the judge to give you an order of protection as part of your divorce case.
 
PDF Orders of Protection in New York State (PDF format, 26 pages, 123k)
Read this booklet to understand the type of protection you can ask for, the steps you need to take to get an order, and what information you need to give the judge. This booklet also explains some of the ways in which the order may make you safer. En español.
 
If you and your husband have child(ren) and you do not already have a Family Court order that decides who has legal custody and who must pay child support, these issues will be decided in your divorce case.
 
PDF Custody and Visitation in New York State (PDF format, 18 pages, 103k)
This booklet explains how to get a Family Court order for custody or visitation of your child(ren). It tells you the facts the judge will consider when making an order and also gives basic definitions of legal terms the judge is likely to use when speaking to you about your case. En español.
 
PDF Getting Child Support in New York State (PDF format, 18 pages, 103k)
This booklet explains how to get a court order for child support. It answers questions about the steps a person must take in order to raise or lower child support payments. It also explains how the Support Collection Unit (SCU) can help you. En español.
 
If you need financial support from your husband after your divorce and you do not already have a Family Court order that determines how much he must pay you and for how long after you are divorced, this issue will be decided in your divorce case.
 
PDF Getting Spousal Support in New York State (PDF format, 17 pages, 117k)
Read this booklet to learn how to petition the court for spousal support or spousal maintenance. En español.
 
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Last updated 10/13/2008
 

 
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