New York State Divorce Laws
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New York State is a "fault state". Therefore, New York State Divorce Laws can be complicated. It may not be easy to be in compliance with NY laws if you are very unhappy in your marriage and feel there is no hope of resolution. New York state divorce laws say that at least a minimum out of certain set of criteria needs to have been met in the relationship in order for it to be considered "failing" and for there to be legal grounds for granting divorce.
First off, for a divorce, annulment, or separation to be granted at all, New York state divorce laws come with residency requirements. The marriage has to have taken place in the state, and at least one of the spouses have to have been a continuous New York state resident for not less than one year before the divorce (or similar) request. And, the couple has to have been married for at least one year and has to have resided in New York State for that period or longer as well.
So, if these residency law requirements are met, what more is required under New York state divorce laws for you to have legitimate grounds for divorce? At least one out of the following five conditions:
- Cruel and inhumane treatment of one spouse by the other.
- The defendant's abandonment of the plaintiff for not less than one year.
- Un-forgiven adultery within the last five years.
- The defendant being in prison for not less than three consecutive years after the marriage was entered into.
- Legally documented separation has been observed and enacted by the spouses for not less than one continuous year, and if there were specific terms of the separation agreement the plaintiff can prove that s/he substantially lived up to any and all of them.
There are similar regulations regarding legal separation under New York state laws.
What's more, New York is an "equitable distribution" state. This means that marital assets must be divided equitably, although not necessarily equally. Exceptions to this arise if and only if there was a prenuptial or ante-nuptial legal agreement. Under New York state divorce laws, either spouse may be awarded spousal support as well.
To arrive at equitable distribution and determine spousal support, the divorce court will consider:
- Assets of the respective parties, and their personal property's liquidity, as they are relevant to the entry of marriage and the divorce request.
- The personal income level and/or reasonable income potential for each party as is relevant to their situation and their circumstances within the marriage.
- Contributions both financial and non-financial made by each party to the marriage.
- The health of the parties.
- The duration of the marriage.
- The presence of any children who must live at home.
- Tax consequences to each party.
- Any wasteful dissipation of marital property by either party.
- Either party's transfer or encumbrance made in conscious expectation or anticipation of matrimonial action without having given equitable consideration.
If you need a divorce lawyer call now 718.259.4500 or email us if we can help.
After reading New York state divorce laws check out our information on New York divorce settlements or go to our free artilce library.
