| A divorce may be granted in the State of New York upon
the following grounds:
1. Cruel and inhuman treatment; 2. Abandonment; 3. Imprisonment for 3
years or longer; 4. Adultery; 5. Living separate and apart for one year
or longer under either a decree of separation or a separation
agreement between the parties. Vol. 8, Art. 10, Sec. 170
Residency requirements New York has a one year residency requirement
under the following divorce
forms circumstances:
1. The parties were married in the State of New York and either party
is and has been a resident of New York for one continuous year
immediately prior to filing for divorce;
2. The parties resided in the State of New York as man and wife and
either party is and has been a resident of New York for one continuous
year immediately prior to filing
for divorce;
3. The cause of the divorce occurred in the State of New York and
either party is and has been a resident of the State of New York for one
continuous year immediately prior to filing for divorce;
4. The cause of the divorce occurred in the State of New York and
both parties are residents thereof.
In all other instances, either party must have resided in the State
of New York for two contiuous years immediately prior to the
commencement of the action. Vol. 8, Art. 13, Sec. 230 » Return to top
Name of court and title of action/parties An action
for divorce filed in the State of New York is filed in the Supreme
Court. The title of the action initiating the divorce action is a
Complaint for Divorce, while the title of the action granting the
divorce is referred to as the Judgement
of Divorce. The party who files the action for divorce is the
Plaintiff, while the other party to the action is referred to as the
Defendant. Legal separation A
judgement of legal separation may be obtained in the State of New York
on the following grounds:
1. Cruel and inhuman treatment; 2. Abandonment; 3. Neglect or refusal
to provide support; 4. Adultery, or; 5. Imprisonment for three years or
longer. Vol. 8, Art. 11, Sec. 200
Simplified divorce procedure New York permits a summary divorce to be
granted if the parties have lived separate and apart for a period of one
year pursuant to a written agreement of separation. The plaintiff must
submit proof of substantial compliance with the terms and conditions of
the separation
agreement. Vol. 8, Art. 10, Sec. 170 Alimony Either party to a divorce
action may be ordered to pay alimony to the other spouse, without
regard to marital fault, after consideration of the following factors:
1. The income and property of the parties; 2. The duration of the
marriage; 3. The present and future earning capacity of both parties; 4.
The ability of the party easy
credit repair seeking alimony to become self- sufficient and the
length of time fix credit
fast and training necessary to become so; 5. Reduced or lost
lifetime earning capacity as a result of having foregone or delayed
education, training, employment or career opportunities during the
marriage; 6. Children of the marriage in the respective homes of the
parties; 7. Tax consequences; 8. Any other factor the court deems
relevant. Vol.8, Art.13, Sec.236
Distribution of property Marital property shall be distributed
equitably between the parties after due consideration of the following
factors: 1. The income and property of each party; 2. The duration of
the marriage and the age and health of the parties; 3. The need of the
custodial parent to occupy
free last will papers the marital home; 4. The loss of inheritance
and pension rights upon divorce
papers; 5. Any award of alimony; 6. Any contributions to the
acquisition of marital property; 7. The liquid or non-liquid character
of marital assets; 8. The probable future financial circumstances free
power of attorney of the parties; 9. Tax consequences; 10. Any other
factor the court deems relevant. Vol.8, Art.13, Sec.236 » Return to top
Child Custody The issue
of custody of any minor children of the marriage
will be decided by the court according to the best interests of the
child. There exists no presumption in favor of either parent regarding
custody of the children. Vol. 8, Art. 13, Sec. 240 Child support New
York has established child support guidelines which are presumed to be
the correct amount of support due, absent a showing that application of
the guidelines would be unjust or innappropriate. Some of the factors
the court will free credit
repair consider in determining the correct amount of support to be
awarded include: Legal
Forms
1. The financial resources of the custodial and non-custodial parent,
and those of the child; 2. The physical and emotional health of the
child and the child's special needs and aptitudes; 3. The standard of living
trust forms the child would have enjoyed had the marriage not been
dissolved; 4. Tax consequences; 5. The non-monetary contributions of the
parents; 6. The educational needs of either parent; 7. A comparison of
gross incomes of the parents; 8. Any other relevant factor. Vol. 8, Art.
13, Sec. 236
Name change Upon request, the court will restore a party to the use
of her former or maiden name. Vol. 8, Art. 13, Sec. 240
It can be a very troubling time for most married
couples that wish to separate no matter what the reason. But if you
have decided that this is to be, it is wise to put in writing a Separation
Papers Agreement. This document states all of the financial
arrangements, such as alimony, child support, real estate, debts,
personal property and more, to which the couple has agreed to. It also
addresses the custody and visitation of minor children and other
matters.
The Separation Agreement document covers the following topics:
* Division of debts, bank accounts, investments, life insurance and
income taxes
* Real estate, vehicles, household goods and personal property
* Child support, custody, visitation, medical insurance and tax
exemptions
* Spousal support (alimony)
As long as the two of you can agree to all these things, it is
possible for you to create your Separation
Agreement without an attorney. If you cannot agree on all matters,
it is advised you seek legal advice.
A marital
separation agreement forms, also known as a property settlement
agreement, or marital settlement agreement, is a written contract
dividing your property, spelling out your rights, as well as settling
problems such as alimony and custody. Generally, a Marital Settlement
Agreement is drawn up according to the law of the state in which free
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and witnessed properly, it is an enforceable free
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