New York Divorce Law

New York divorce law allows a range of causes when it comes to filing for divorce. If both spouses agree on the separation, then a divorce is a relatively easy process. However, there are a number of other causes on the basis of which one spouse who is unhappy in a marriage can file for divorce in New York.

One of the main causes for divorce in New York is adultery. Other legitimate causes include circumstances where your spouse is imprisoned after your marriage for over 3 years, or leaves you voluntarily for over a year. Alternatively, you can file for a separation period before full divorce proceedings, and then use this trial separation to justify the legal dissolution of a marriage. The other cause of action for a divorce in New York is in cases where one spouse is shown to have inflicted cruel and inhuman treatment on the other, such as in cases of domestic violence.

Clearly, the grounds for divorce in New York allow for a narrower range of circumstances than some states, meaning it is harder to file for divorce in New York than it is in a place such as Nevada. To make matters even more complicated, in order to file for divorce in New York you need to have actually been married in New York to begin with, and the events leading to the cause for divorce also need to have taken place in New York.

Apart from the cause for divorce itself, there are other factors surrounding the distribution of assets and child custody after the divorce. It isn't necessary to go through court proceedings to decide on these matters if both spouses can come to an agreement themselves. In cases of disagreement, the division of assets, access to children and alimony payments will be decided by the judge.

Decisions relating to the division of assets and the potential for alimony payments will depend heavily on the financial histories of both spouses, both before and during the marriage. These factors include previous income and asset levels, as well as the potential capacity for future earnings. For example, a stay-at-home parent will have severely limited future earnings capacity compared to a career-focused parent. This will be taken into account by the judge.

Child custody and child visitation rights will be decided by the judge. Even if you are denied visitation rights, you may still be required to pay child support. The factors that determine a spouse's right to have access to children will depend on the circumstances of the particular case, but especially the cause for the divorce proceedings. If, for instance, the divorce is based on cruel and inhuman treatment of the wife by the husband, it is not uncommon for the husband to be denied any contact with the children in these circumstances.

Keep in mind that alimony is separate from child support. Child support payments are calculated as a percentage of your income, and the percentage differs depending on the number of children your spouse is supporting - 17% for one child and 25% for two or more, based on an average income. Alimony on the other hand is spousal support. Alimony payments are a factor that the judge will determine based on an examination of the particular case, but it may be required in an instance where the divorce will cause a major drop in one spouse's income or living standards.

The New York divorce law requires that all property acquired during the marriage should be divided equitably between the two spouses. It's important to note the difference between the terms "equal" and "equitable." Equitable distribution implies a notion of fairness, so both spouses will not necessarily end up with equal shares but rather what the judge views as being a fair share based on the facts of the case.

A number of factors will influence the judge's decision on distribution, such as the relative income and assets of each spouse at the time of marriage and the length of the marriage. Property distribution is also tightly linked to child custody decisions, because the parent who wins custody of the children will almost always be awarded the family's primary residence as well.

These factors cover the general elements of New York divorce law that you should be aware of before entering into divorce proceedings.

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