|
New York
Divorce Information
This
information in this page is not the property of Divorce Papers.Com
and has been compiled for customer reference only, it is not meant
to replace legal advice.
Once your order has been
received it will be forwarded to the New York paralegal who will
be assigned to your case for the duration of the process. Your assigned
paralegal will answer any questions that you have and process your
documents.
Our New York Paralegals
are specifically trained in New York divorce procedures and will
assist you in getting the fastest, easiest, and most affordable
divorce in New York.
RESIDENCY
REQUIREMENTS AND WHERE TO FILE: If only one spouse resides in
New York at the time of filing the divorce, the residency requirement
is 2 years. However, the requirement is reduced to 1 year if: (1)
the spouses were married in New York and either spouse is still
a resident; or (2) they once resided in New York and either spouse
is still a resident; or (3) the grounds for divorce arose in New
York. In addition, there is no residency time limit requirement
if both of the spouses were residents of New York at the time of
filing the divorce and the grounds for divorce arose in New York.
The divorce may be filed for in a county where either spouse resides.
[Consolidated Laws of New York Annotated; Domestic Relations Law,
Volume 8, Sections 230 and 231; and New York Civil Practice Laws
and Rules, Rule 503].
LEGAL
GROUNDS FOR DIVORCE: No-Fault: (1) living separate and apart
for 1 year under the terms of a separation agreement which is in
writing and signed and notarized. (Proof of compliance with the
terms of the settlement agreement must be submitted when the divorce
is filed. In addition, a copy of the agreement or a brief memorandum
of the agreement must be filed in the office of the clerk of the
county; or (2) living separate and apart for 1 year under the terms
of a judicial separation decree. [Consolidated Laws of New York
Annotated; Domestic Relations Law, Volume 8, Section 170]. General:
(1) adultery; (2) abandonment for 1 year; (3) imprisonment for 3
or more consecutive years; and (4) cruel and inhuman treatment.
[Consolidated Laws of New York Annotated; Domestic Relations Law,
Volume 8, Section 170].
Order
Your Divorce Package Now $99.94
LEGAL
SEPARATION: The grounds for legal separation (separation from
bed and board) in New York are: (1) adultery; (2) abandonment; (3)
imprisonment for 3 or more consecutive years; (4) neglect of and
failure to provide support for a wife; and (5) cruel and inhuman
treatment. If only one spouse resides in New York at the time of
filing the legal separation, the residency requirement is 2 years.
However, the requirement is reduced to 1 year if: (1) the spouses
were married in New York and either spouse is still a resident;
or (2) they once resided in New York and either spouse is still
a resident; or (3) the grounds for legal separation arose in New
York. In addition, there is no residency time limit requirement
if both of the spouses were residents of New York at the time of
filing the legal separation and the grounds for legal separation
arose in New York. [Consolidated Laws of New York Annotated; Domestic
Relations Law, Volume 8, Sections 200, 230, and 231].
Order
Your Legal Separation Now $149.95
SIMPLIFIED
OR SPECIAL DIVORCE PROCEDURES: A summary divorce may be granted
in New York if: (1) the spouses lived apart for 1 year according
to the terms of a separation decree or a separation agreement; and
(2) satisfactory proof is submitted to the court that the spouse
seeking the divorce has substantially performed all the terms and
conditions of the separation decree or separation agreement. There
are sample divorce forms contained in the statute (Forms 1 and 12
for no-fault grounds), including the language necessary to state
specific grounds and residency requirements. In addition, New York
requires a financial disclosure to be filed in every divorce action.
[Consolidated Laws of New York Annotated; Domestic Relations Law,
Volume 8, Sections 170 and 236].
MEDIATION
OR COUNSELING REQUIREMENTS: There are no legal provisions in
New York for divorce mediation.
PROPERTY
DISTRIBUTION: New York is an "equitable distribution" state.
Separate property, including property acquired before a marriage
and any gifts or inheritances whenever acquired, is to remain with
the spouse who owns it. Separate property also includes any increase
in value or property acquired in exchange for separate property.
Marital property acquired during the marriage will be equitably
divided between the spouses, based on the following factors: (1)
the contribution of each spouse to the acquisition of the marital
property, including the contribution of each spouse as homemaker;
(2) the value of each spouse's property at the time of the marriage
and at the time of filing for divorce; (3) the probable future economic
circumstances of each spouse; (4) the length of the marriage; (5)
the age and health of the spouses; (6) the amount and sources of
income of the spouses; (7) the present and potential earning capability
of each spouse; (8) the potential loss of inheritance or pension
rights upon dissolution of the marriage; (9) whether the property
award is instead of or in addition to maintenance; (10) custodial
provisions for the children and the need for a custodial parent
to occupy the marital home; (11) the type of marital property in
question (whether it is liquid or non-liquid); (12) the impossibility
or difficulty of evaluating an interest in an asset such as a business,
profession, or corporation and the desirability of keeping such
an asset intact and free from interference by the other spouse;
(13) the tax consequences to each party; (14) the wasteful dissipation
of assets; (15) any transfer of property made in anticipation of
divorce; (16) any equitable claim that a spouse has in marital property,
including joint efforts and expenditures, and contribution and services
as a spouse, parent, wage earner, and homemaker, and to the career
and career potential of the other spouse; and (17) any other factor
necessary to do equity and justice between the spouses. Marital
fault may be considered. Financial disclosure of assets and income
are mandatory. [Consolidated Laws of New York Annotated; Domestic
Relations Law, Volume 8, Section 236, Part B].
ALIMONY/MAINTENANCE/SPOUSAL
SUPPORT: Either spouse may be awarded maintenance, without regard
to marital fault, based on a consideration of the following factors:
(1) the income and property of the spouses, including any marital
property divided as a result of the dissolution of marriage; (2)
any transfer of property made in anticipation of divorce; (3) the
duration of the marriage; (4) the wasteful dissipation of marital
property; (5) the contribution of each spouse to the marriage and
the career of the other spouse, including services rendered in homemaking,
child care, education, and career building of the other spouse;
(6) the tax consequences to each spouse; (7) any custodial and child
support responsibilities; (8) the ability of the spouse seeking
support to become self-supporting and the time and training necessary;
(9) any reduced lifetime earning capacity as the result of having
foregone or delayed education, training, employment, or career opportunities
during the marriage; (10) whether the spouse from whom maintenance
is sought has sufficient property and income to provide maintenance
for the other spouse; and (11) any other factor the court deems
just and equitable. [Consolidated Laws of New York Annotated; Domestic
Relations Law, Volume 8, Section 236, Part B].
CHILD
CUSTODY: Joint or sole child custody is to be determined according
to the best interests of the child. Neither parent is entitled to
a preference. There are no factors specified in the statute. [Consolidated
Laws of New York Annotated; Domestic Relations Law, Volume 8, Section
240 and New York Case Law].
CHILD
SUPPORT: Either or both parents may be ordered to pay child
support necessary for the support, maintenance, and education of
the child. Health insurance coverage may be ordered to be provided.
Marital misconduct of either parent is not to be considered. There
are specific child support guidelines which are presumed to be correct,
unless there is a showing that the amount of support would be unjust
or inappropriate. The factors to be considered in determining the
inappropriateness or justness of an award of support are: (1) the
financial resources of the child; (2) the standard of living the
child would have enjoyed if the marriage had not been dissolved;
(3) the physical and emotional health of the child and any special
needs or aptitudes of the child; (4) the financial resources, needs,
and obligations of both the noncustodial and the custodial parent;
(5) the tax consequences to each parent; (6) the non-monetary contributions
that the parents will make towards the care and well-being of the
child; (7) the educational needs of either parent; (8) whether one
parent's income is substantially less than the other parent's; (8)
the needs of other children of the non-custodial parent; (9) if
the child does not receive public aid: any extraordinary expenses
required for the non-custodial parent to exercise visitation rights;
and (10) any other relevant factors. Security may be required for
the payments. [Consolidated Laws of New York Annotated; Domestic
Relations Law, Volume 8, Sections 32, 33, 236-Part B, 240, and 243
and New York Case Law].
PREMARITAL
AGREEMENT: New York does not have any statutes pertaining to
premarital agreements.
Order
Your New York Divorce Package Now $99.94
Home
e-mail
us
For more
information, please visit our site specifically for New
York Divorce Papers.
|