subject: Understanding The Legal Facet Of Your Divorce [print this page] New York divorce laws offer guidelines on every aspect of the legal proceeding. However, it is not easy to comprehend the legal jargon. Going through a divorce is difficult enough. Imagine how your difficulty doubles if you have no idea about what the laws try to convey. You need to avail help from a divorce lawyer for this.
Here is a brief overview of the divorce laws of your state.
Requirements you can only file for divorce if you and your spouse married or resided in the county for at least one year preceding the cause, or the cause occurred there. It is also possible if either of the spouses is a resident for more than a year preceding the cause. The divorce of any Long Island resident is resolved at the Matrimonial Division, New York Supreme Court.
Grounds initially, only fault-based divorces were granted in New York. However, approval of a bill in 2010 made it possible to opt for a no-fault divorce. Now, the accepted grounds for filing are abandonment, adultery, inhuman treatment, imprisonment, decree/agreement of separation as well as irreconcilable differences.
Contested/Uncontested if the spouses come to an agreement regarding all relevant issues, there remains no reason to fight anymore, and you get an uncontested divorce with ease. However, if you are unable to come to terms with your estranged spouse on certain issues, you need to ask your divorce lawyer to opt for other ways of contesting it.
Property Distribution New York divorce cases follow the equitable property distribution rule. Therefore, the property division is on what is fair and just. Considerations include the length of marriage, age/health of spouses, educational backgrounds, incomes and expenditure, and such others.
Spousal Support the court decides on a case-to-case basis. This implies that if one of the spouses requires financial support to continue living properly, the court may ask the other to provide support on a temporary or permanent basis.
Issues like child custody and visitation as well as child support arise in the presence of minor children. Whether you and your spouse can agree on these points or not, you need to discuss the details with any of the competent Long Island divorce lawyers. Their knowledge and understanding of the state's divorce laws is imperative in this situation.
Ask for references from your friends when you are looking for a lawyer. If you cannot find a reference, get online and conduct a search of legal professionals working on divorce cases in your city.
