Who Can Benefit from New York State Divorce Rules?
If you happen to be one of the few New York citizens and you are planning to divorce, then you need to know about New York divorce laws. Chances are that you are going to hire an attorney in the near future or that you will handle your divorce on your own; it simply pays off to know divorce law in New York State. This equips you with everything you must know when making those decisive steps ahead. Familiarity with the general conditions of New York State divorce rules will help to protect your rights and find better ways for handling the divorce procedure.
What Are the Laws for Divorce in New York?
Two primary requirements exist to be able to file for a divorce in New York.
- Legal Grounds: You have valid grounds for divorcing your partner.
- Residency Requirement: Either you or your spouse must have been a New York State resident for at least one year before you file the divorce action.
What Are the Grounds for Divorce?
According to divorce rules in New York, There are accepted grounds for divorce that are both fault-based and no-fault.
Fault-Based Grounds
These grounds include accusing your spouse of misbehavior, such as the following:
- Adultery
- Cruel
- Abandonment
No-Fault Grounds
No-fault grounds do not require assigning blame to either spouse. These grounds include:
Separation:
- Living separate and apart under a court-ordered separation for at least one year.
- Residing separately and apart for at least one year under a written separation agreement.
Irretrievable Breakdown: One spouse declares under oath that the marriage has broken down for at least six months.
What Is the Residency Requirement for Divorce?
To be eligible to file for divorce, you or your spouse must meet one of the following residency requirements:
One-Year Residency:
- You were married in New York or lived as a married couple in the state.
- Prior to filing, one spouse had lived in New York for at least a year.
Cause-Based Residency:
- The grounds for divorce occurred in New York.
- One spouse has resided in New York State for one year immediately preceding the divorce petition filing.
Mutual Residency:
- The grounds for divorce occurred in New York.
- At the start of the divorce process, both spouses reside in New York.
Two-Year Residency:
- You or your spouse must have lived in New York for two years before starting the divorce.
How Is Child Custody Determined in New York Divorce?
The fruits of such marriages in case of divorce are children, and then it becomes the decision of the parents as to how time and childcare should be divided for the child or children. If parents cannot agree on that, then it becomes the consideration of the judge as to what will come out to be in the best interest of the child or children and make a decision on custody.
There are two types of custody.
Legal Custody: Legal custody ensures that important decisions regarding the upbringing of the child, such as education, health care, and religion, will be made by the parents.
Physical Custody: Physical custody refers to the amount of time a child is with each parent. Typically, cases include some sort of shared physical custody; however, it need not be equal.
The courts must consider such cases of abuse, criminality or any other manner of conduct by the custodian causing harm to the child. The court accepts such an agreement because both parties have agreed to the custody.
How Are Assets Divided in New York During a Divorce?
Marital property is divided through an equal division by the court. However, it doesn’t have to be equal. Some things are marital property, and some things are separate property. Some examples of separate property are: gifts, inheritances, anything accrued or acquired before marriage.
- Separate Property: Separate property includes gifts, inheritances, or anything that was accrued or acquired prior to marriage.
- Marital Property: The court divides marital property equitably, that is, they divide them as fairly as possible, although not necessarily equally.
Both Parties Agree on the Division of Assets: If the parties agree as to how the marital property shall be divided, they may divide the same as agreed. In the event of an inability to agree, the court shall order them to mediate or, failing the mediator, make a final determination on principles of equity.
How Long Does the Divorce Process Take in New York?
The period a final New York case divorce takes is much depending on whether it is contested or uncontested.
Uncontested Divorce: If you and your spouse agree on everything, including all issues of custody of children, division of properties, and spousal support among others, then probably your divorce is going to settle within two to three months. Of course, subject to your court schedule, but even more importantly, how many judges are available in your county.
Default Divorce: This will depend on the time span in the context of that region as well. This divorce process will be slower if the other spouse is not responding to divorce papers. It is a good practice to wait for at least 40 days after the service of process before actually applying for a hearing for a default divorce.
Contested Divorce: A contested divorce can take as long as 6 months to a year or even more, depending on just how complicated it becomes and if it gets to the trial.
The more cooperative you and your spouse are, the faster it will be to get divorced. Disputed divorce cases in New York take a longer time simply because of the judicial procedures involved with the courts.
Why Do I Need a Lawyer to Get a Divorce in New York?
A New York divorce law firm can:
- Protect Your Rights: Ensure you understand your legal rights, New York State divorce rules, and responsibilities.
- Navigate the Legal System: Our attorney can guide you through the complex divorce process.
- Negotiate Agreements: Help you negotiate fair settlements with your spouse.
- Represent You in Court: Advocate for your interests in court if necessary.
Even in simple divorces, a divorce lawyer can help protect your rights. It’s especially important if you have assets, children, or complex issues.
With over 50 years of combined legal experience, our attorneys at The Law Offices of SRIS, P.C. bring unparalleled knowledge and competence to every case. Navigating a divorce in New York can be complex. Understanding the New York State divorce rules is crucial. Contact us to schedule a consultation for invaluable guidance throughout the process.
Frequently Asked Questions
Special cases would require the help of an attorney, especially when complicated. An expert attorney can inform you on divorce rules in New York, protect your interests, guide you through a court process, and settle for a good agreement.
One can move only if the court allows this movement. The court will decide what is in the best interest of the child how such a move would affect the relationship that you hold with your child, and indeed, why you want to move.
General rule: Any property acquired by either spouse through inheritance or individual ownership and which are not commingled with marital property remain separate and, therefore, are exempt from equitable distribution. Exceptions exist to every rule; otherwise, it wouldn't be a rule. Here are its exceptions-commingling.
