Expert: Morgan Smith - 1/21/2012

Question
NY State Law question -

If I file for an uncontested divorce and select the checkbox on the UD-2 (Verified Complaint Form), can I go back later after the judge signs the divorce and decree has been issued and request alimony/spousal support?  Does "ancillary relief" include spousal maintenence?  The option/checkbox on this forms reads, “The nature of any ancillary or additional relief requested is:”

   NONE – I am not requesting any ancillary relief; AND any other relief the court deems fit and proper."

Thank you.

Answer
Dear Em,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes.

Before you take any action, consult with your own attorney. Speak to an attorney licensed to practice law in your state about the strengths, weaknesses, and likely outcomes of any contemplated cause of action or defense.

Your question is about divorce, particularly about New York pleadings.  

I recommend that you bring your information to an attorney licensed to practice law in your state who works in family law or particularly in divorce.

Your plan sounds to me to be flawed.  When a judge signs a decree, that creates a court order and you can't change the order by simply going back and checking a different box on your pleading.  Instead, the method to change an order is either appeal or a motion to correct or cure an error etc.  You should fill out all your pleadings and court documents properly the first time, and make any corrections or amendments as soon as you discover they needed, and certainly before the judge executes the decree.

According to Black's law dictionary, the word "ancillary" means: supplementary or subordinate, like "ancillary claims".  Folks may think of things differently in New York than in my state, but when I think of divorce, spousal maintenance occurs as one of the big three financial issues next to child support and marital property division.  I do not regard maintenance as a supplemental or ancillary part of a divorce.

I think a better example and use of the term is an ancillary claim for attorney's fees, or an ancillary proceeding might be a special hearing to determine the value of a piece of property.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
smith-and-raver-llp.biz
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