New York State Divorce
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Did you know New York is a "fault state"? New York State divorce requires certain criteria to be met in your marriage for there to be legal grounds for divorce an in order for the marriage to considered to be failing.
Divorce in New York can be complicated. It is important to understand all the criteria required by NY divorce laws, especially when you're very unhappy in your marriage and feel there is no hope of resolution.
In order for an annulment, separation or divorce to be granted, there are some residency requirements that must be met.
In Order for any New York State Divorce to be Granted
the marriage has to have taken place in the NY- at least one of the spouses has to have been a New York resident for no less than one year prior to the divorce request.
- the couple has to have been married for at least a year and lived in New York for that time
(or longer)as well.
If these residency requirements are met for a divorce in NY, the next step is meeting these requirements to have legal grounds for divorce. The following are five conditions for fault divorce - and at least one out of the following have to be met:
- If a spouse (defendant) is in prison for not less than three consecutive years after the marriage began.
- adultery that has not been forgivien within the last five years.
- If one spouse (defendant) has abandoned the other (plaintiff) for not less than a year.
- Cruel and inhumane treatment.
- Legal separation that has been documented and observed for no less than one continuous year and if terms specified by the spouses/plantiff can prove at least the one spouse lived up to any and all of the terms.
Legal separation has similar requirements as New York State divorce.
New York State Divorce Also Has Equitable Distribution
What does that mean? It means marital assets must be divided equitably, which does not necessarily mean equally. Exceptions? Prenuptial or ante-nuptial legal agreements. Also, either spouse may be "awarded" spousal support under New York State divorce as well.
To determine equitable distribution and arrive at spousal support, the court will consider:
- The health of each spouse.
- The presence of any children who must live at home.
- The duration of the marriage.
- Assets of each spouse, and their liquidity, as they pertain to the start of the marriage and the divorce request.
- The personal income and/or reasonable earning potential for each spouse as is it pertains to their situation and circumstances within the marriage.
- Contributions to the marriage made by both patires both non-financial and financia.
- Tax consequences for each spouse.
- Any wasteful spending/dissipation of marital assets by either party.
- Any transfer of property, assets, etc... made in anticipation of divorce action without considering or to avoid equitable distribution.
If you need a divorce lawyer see or family law attorneys and divorce lawyers or more family law info.
After reading New York state divorce see more on New York State Laws.
