Poughkeepsie, NY- Are you and your spouse considering divorce? Are you unsure where to even begin? Divorce is not a simple process; it can be emotionally trying, and a couple can easily become overwhelmed by the decisions they must make. Understanding the basics of divorce can help make the process easier. That is why our team of divorce lawyers in Poughkeepsie wanted to discuss some of the things couples need to know about filing for divorce.
The first big decision you will have to make is whether you want to file for a fault or no-fault divorce. Most couples in New York file for no-fault divorce but there are numerous circumstances in which a fault divorce is appropriate.
A couple should file for a no-fault divorce if they both agree their marriage is irreconcilably broken and there is no hope for reconciliation. If a couple can resolve their issues over property division, child custody, and spousal or child support, a judge will approve a no-fault divorce soon after a couple files their initial documents. Fortunately, there is no waiting period for a judge to sign a final divorce decree once a couple settles their issues.
On the other hand, a fault divorce can take significantly longer than a no-fault divorce. You have grounds to file for a fault divorce in Poughkeepsie if your spouse was physically, sexually or verbally abusive, had an affair, abandoned you for a minimum of 12 months or is incarcerated. If you are considering filing for a fault divorce, USAttorneys recommends you speak with a divorce lawyer in New York to explain what the process entails.You and your spouse must be separated for at least one year before filing for divorce in New York.
It is important to note that you cannot file for divorce in New York unless one spouse has lived in the state for at least one year. You must also be separated from your spouse for at a minimum of 12 months before filing for a fault or no-fault divorce.
New York is an equitable division state. If a couple cannot come up with an agreement on their own, the state will look at several factors when deciding which spouse gets what. The factors taking into consideration include the length of marriage, the value of the property being divided, and each spouse’s financial circumstances. Any possession or properties each spouse had owned before they were married, remain theirs after divorce unless they make other arrangements.
If you are requesting spousal support, the courts will decide if it is necessary to maintain your standard or living or your child’s.
Child custody decisions in Poughkeepsie are made based on what is in the best interest of a couple’s child or children. If you and your ex-husband or wife cannot agree on visitation or living arrangements, New York’s family courts will come up with an arrangement for you.
We’ve discussed just a few of the basics of filing for divorce in New York. If you want to learn more about filing for divorce, USAttorneys recommends you contact a divorce lawyer near you in Poughkeepsie to explain the process and help you get through it.