The New York attorneys at Strazzullo Law & Associates, PLLC have been helping clients with their legal problems since 2001. Many of our cases involve New York divorces, so we have published this article to explain the basics of divorce according to New York state laws.
According to New York state laws, grounds for divorce can be met if you and your spouse have been legally separated for at least a year. A person may also file divorce on the grounds cruel and inhuman treatment, adultery, your spouse’s imprisonment for at least three years, and abandonment by a spouse for at least one year. In addition, to get a New York divorce, one of the following must apply:
- You were married in New York and one spouse has lived in New York for a year or more
- You both lived in New York while married and either spouse has lived in the state for at least one year, or
- You or your spouse has lived in New York for at least two years.
Marital property and debts are considered equal property in New York, as with most states. This means that assets and debts acquired during marriage or brought to the marriage are divided according to, not necessarily what is equal, but what is fair. The court considers each spouse’s future financial situations, parenting obligations, and tax consequences of any given division, as well as the value of assets and business interests.
Alimony is another factor that must be determined in divorce proceedings. Alimony is financial support provided to one spouse by another. Several factors determine the amount of financial assistance, including each spouse’s current and future earning ability, their ability to become self-supporting, and the financial or homemaking contributions during the marriage. In order to modify a permanent alimony award, the requester must prove that circumstances require the change.
Child support is financial support provided for the benefit of a child’s basic needs and wants, medical expenses, and educational expenses until the child is 21 years old. The amount is calculated based on the income of both parents combined. In addition, child custody or visitation is also decided based on the best interests of the child. The courts consider the emotional bond between the child and parents, child’s age, health, and the parents’ lifestyles. Child custody resolutions may be changed if again, the requester proves that circumstances require change.