A Brief Look At New York Divorce Laws
When two people can no longer sustain a marriage, there is no other recourse than to get a divorce. This is a truth that many people around the world deal with, and it can be a hard time for everyone involved. For those in the New York area, there are a specific set of rules that need to be considered before the finalization of the papers can be made. Just like every state has different statutes and limitations, it’s important to understand New York divorce laws in order to move forward. The following is a brief look at some of the laws that need to be known before moving forward with the legal issues.
Filing Requirements – First and foremost, people that want to divorce need to follow a few parts of residency and filing requirements for paperwork to get done swiftly. In order to process this both parties need to have been married in the state or have resided in the state at least one year. There are also components that allow leniencies here, which allow parties to have resided in the state for at least 2 years prior to the papers being filed. Residency requirements are lenient but are still important to adhere to.
Grounds – There are several grounds that can be used for filing a divorce in the state of New York. They are each a matter of different issues that can occur between two parties.
The grounds for filing are as follows:
- Cruel treatment and inhuman actions
- Abandonment for more than a period of one year
- Imprisonment of more than three consecutive years
- Adultery
- Separate housing after separation of one or more years
- Six months of a breakdown of marriage/relationship
Filing – When filing for divorce one party will be the plaintiff, usually the one that initiates the paperwork to the court. The non filing party will be known as the defendant in the documentation of the files.
Property – Separating property can be rough, and there are several components to the laws in place in New York for divorce. There are no less than 13 statutes that need to be understood in regards to division of property in order to be coherent with the law.
Spousal Support and Child Custody – These two major issues can cause serious frustration during any divorce. There are several pieces to the laws that you’ll have to investigate to be under the law when getting a divorce. It’s best to let a lawyer handle this part because there are several issues that need to be explored in order to finalize the paperwork.
The aforementioned is just a brief look at some of the New York divorce laws that you’ll have to deal with when filing to end a marriage once and for all. It’s best to call a lawyer if you aren’t sure that an amicable agreement can be reached between parties. If there are children, property, and more involved there should be considerations made in regards to emotional and financial status. Looking at the laws will help establish the proper course of action, moving forward.